HomeMy Public PortalAboutphillips and jordan 2016-687.pdfSTATE OF GEORGIA )
COUNTY OF CHATHAM )
AGREEMENT
THIS AGREEMENT for Debris Removal Disaster Recovery Services, herei n after
referred to as "Agreement," is made and entered into as of the S day of Ifttamper, 2016 (the
"Date Hereof'), by and between PHILLIPS & JORDAN, INC., whose address for purposes of
this Agreement is 10201 Parkside Drive, Suite 300, Knoxville, Tennessee 37922, hereinafter
referred to as "the Company" and THE CITY OF TYBEE ISLAND, a municipality, whose
address for the purposes of this Agreement is 403 Butler Avenue, Post Office Box 2749, Tybee
Island, Georgia 31328, hereinafter referred to as "the City."
WITNESSETH:
WHEREAS, the City is a municipal corporation organized under Georgia law; and
WHEREAS, the City has determined that it has a need for EXPANDED SCOPE OF
SERVICES in connection with Disaster Recovery Services, specifically Hurricane Matthew
debris removal, collection and disposal of tree stumps on public rights of way, improved public
property and areas; and
WHEREAS, the City has issued a Request for Proposal Num
WHEREAS, the Company has responded the Request for Proposal and has presented a
proposal indicating that it is able to satisfactorily provide services according to the terms and
conditions of the Request for Proposal; and
WHEREAS, the City desires to utilize the services of the Company in accordance with
the needs, requirements, teens and conditions contained in Request for Proposal Number 2016-
687 (Hurricane Matthew Debris Removal, Collection and Disposal of Tree Stumps on Public
Rights of Way, Improved Public Property and Areas) and the proposal submitted by the
Company in response to the RFP and the RFP and the Company's proposal are attached hereto
and incorporated herein; and
WHEREAS, the City has determined that it is in its best interest, pursuant to all FEMA
required provisions relating to reimbursement rights to award such contract for debris recovery
services and debris removal, collection and disposal of tree stumps on public rights of way,
improved public property and areas; and
1
WHEREAS, the Company and the City desire to document the current terms and
conditions of their agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficient of which is hereby acknowledged, it is hereby agreed as follows:
ARTICLE 1
BASIC AGREEMENT
The Company will perform Hurricane Matthew debris removal, collection and disposal of
tree stumps on public rights of way, improved public property and areas for the City of Tybee
Island in accordance with the RFP and the Company response. The City will provide the
information required by the RFP. The Company shall be compensated for its services as
provided in the Company's Proposal.
ARTICLE 2
COVENANTS AND REPRESENTATIONS
2.1 Covenants of the Company. The Company shall perforin professional Debris
Removal in accordance with the Company's Proposal and the Terms and Conditions contained in
the RFP and contained herein.
2.2 Representations. To induce the City to enter into this Agreement, the City shall
be entitled to rely upon the representations and certifications made by the Company in the
Company's Proposal, without independent investigation and verification, and each such
representation or certification shall be deemed to be material to this Agreement. The person
negotiating and executing this Agreement on behalf of the Company has the full right, power and
authority to enter into, execute and perform this Agreement in accordance with the terms hereof
and, when executed and delivered, this Agreement will constitute a valid and binding obligation
of the Company and will be enforceable in accordance with the terms thereof.
ARTICLE 3
FEES
The Company shall be paid for its services as provided in the Company's Proposal.
Supplemental services shall be compensated in the manner set forth in the Company's Proposal.
Fees must be in line with FEMA reimbursement guidelines, the City will not pay any amount not
previously agreed to.
2
ARTICLE 4
CONTINGENCIES
4.1 Contingent Obligations of the City. The obligations of the City are subject to the
following conditions:
4.1.1 The ability of the City to carry out the terms of this Agreement in
accordance with the laws and Constitution of the State of Georgia.
4.1.2 The timely performance by the Company of each and every covenant,
agreement and obligation imposed upon the Company in this Agreement.
4.1.3 The truth and accuracy as of the Date Hereof of each and every
representation made by the Company.
4.1.4 This Agreement is expressly made subject to other laws affecting its
subject matter. In the event of any conflict between such laws and this Agreement, such laws
shall take precedence.
4.2 Contingent Obligations of the Company. The obligations of the Company are
subject to the following conditions:
4.2.1 The timely performance by the City of each and every covenant,
agreement and obligation imposed upon the City in this Agreement.
ARTICLE 5
TERMINATION
5.1 Right to Terminate for Convenience. The City Council of the City of Tybee
Island and the Company agree that either party may terminate this Agreement for any reason, or
for no reason, upon giving the other party thirty (30) days written notice of the termination. In
the event of a termination for convenience by the City, the remedies of the Company shall be to
be compensated for work done through the effective date of the notice of termination for
convenience. In the event the City is notified by FEMA that reimbursement will not be made for
services subject hereto, the City may give inunediate notice to terminate all debris removal
service relating thereto and such service will cease immediately. The Company will be
compensated for services through the time of termination.
5.2 Termination for Cause. If, through any cause, the Company shall fail to fulfill in
a timely and proper manner its obligations under this Agreement, or if the Company shall violate
any of the covenants, agreements, or stipulations of this Agreement, the Company shall be
breach of this Agreement and the City shall thereupon give written notice of default to the
Company and allow the Company seven (7) calendar days from such notice to cure such default.
After notice, the City shall have the right to terminate this Agreement by giving written notice to
the Company of such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination.
3
If the City fails without cause to make payment when due, the Company may give
written notice of the Company's intention to terminate this Agreement. If the Company fails to
receive payment within ten (10) days after receipt of such notice by the City, the Company may
give a second written notice and five (5) days after receipt of second written notice by the City,
the Company may terminate this Agreement and recover from the City payment for services
rendered.
ARTICLE 6
CODE OF FEDERAL REGULATIONS COMPLIANCE
The provisions of this contract are intended in all respects to comply with the terms of
applicable Code of Federal Regulations, including 2 CFR 200 and Appendix II to Part 200 in all
respects and this contract shall be interpreted in accordance with that intention. Thus, to the
extent applicable, the Davis -Bacon Act, as amended, will be complied with to the extent
applicable, although the parties do not believe that this contract is a "construction contract"
subject to the terms of that Act.
ARTICLE 7
NOTICES
Any notice, demand, communication, or request required or permitted hereunder shall be
in writing and delivered in person or sent by certified mail, postage prepaid, although a copy may
also be transmitted by electronic mail, as follows:
As to the City: The City of Tybee Island
ATTN: City Manager
403 Butler Avenue
Post Office Box 2749
Tybee Island, Georgia 31328
dschleicher@cityoftybee.org
As to the Company: Phillips & Jordan, Inc.
ATTN: Disaster Division
10201 Parkside Drive, Ste. 300
Knoxville, Tennessee 37922,
dorr®pandj.com
Notices shall be addressed to the party or parties identified and at the address as set forth
above, and the date upon which such notice is delivered shall be deemed the effective date
thereof. Either party may, from time to time, by five (5) days' prior written notice to the other
party, specify a different agent or address to which notices can be delivered. Rejection or other
4
refusal to accept a notice or inability to deliver a notice because of a changed agent or address of
which no notice was given shall constitute receipt of the notice on the date when personal service
is attempted or the date of the postmark if mailed.
ARTICLE 8
DISPUTE RESOLUTION
If a dispute arises from or in connection with this contract, a party to the contract must
not commence court or other proceedings relating to the dispute unless that party has participated
in mediation in accordance with the paragraph below. This paragraph does not apply to an
application for urgent interlocutory relief.
A party to this contract, claiming that a dispute has arisen from the contract, must give a
written notice identifying the nature of the dispute to the other party or parties to the contract.
The parties must then participate in mediation in accordance with this Article.
If the parties do not reach an agreement within seven (7) days of receipt of the notice to
mediate or within a longer period agreed to in writing by them on the procedures to be adopted
and a mediation of the dispute and a timetable for all steps in the process and the identity and
fees of the mediator, then each party will appoint a mediator and those mediators shall select an
additional mediator whose fees will be shared equally by the parties. The parties agree to
participate in good faith in the mediation process as expeditiously as possible. In the event
mediation is not successful, the parties or any party shall be entitled to pursue remedies through
legal process in accordance with this Agreement and the laws of the State of Georgia.
ARTICLE 9
INDEMNIFICATION
Company agrees to indemnify, defend and hold City, City's employees, and those for
whom City may act as agent harmless from (1) any and all claims and liabilities for injuries or
death of persons or damages to or destruction of property caused by or resulting from the acts or
omissions of Company, its agents, subcontractors, suppliers or employees in the performance of
this order; (2) any other loss caused by or resulting from the acts or omissions of Company, its
agents, subcontractors, suppliers or employees in the performance of this order; (3) any loss
caused by or resulting from the supplies purchased under this order, (4) any intended use of
products or materials provided by Company under this order; (5) any defective products or
materials provided by Company under this order, including without limitation the use or disposal
of hazardous and/or toxic materials, such materials to include at minimum all materials
recognized by the Environmental Protection Agency as hazardous; or (6) any breach by
Company of any express or implied warranties under this order. If Company's work hereunder
5
involves operations by Company's agents, subcontractors, suppliers or employees on City's
premises or any place where City conducts operations, Company shall take all necessary
precautions to prevent the occurrence of any injury or damage to persons or property during the
progress of such work. Further, Company shall indemnify, defend and hold City, City's
employees, and those for whom City may act as agent harmless for any injuries occurring to
Company's agents, subcontractors, suppliers or employees and Company shall maintain public
liability, property damage and employee's liability and compensation insurance sufficient to
protect City from any claims under any applicable law, statute, or regulation.
ARTICLE 10
APPROPRIATION
Notwithstanding any other provision hereof', this Agreement shall terminate at the end of
the City's fiscal year, June 30, 2017, if the City has not appropriated funds for the obligations
hereunder for the next fiscal year.
ARTICLE 11
RIGHTS CUMULATIVE
All rights, powers and privileges conferred hereunder shall be cumulative and not
restrictive of those given by law.
ARTICLE 12
NON -WAIVER
No failure of the City to exercise any right or power given to the City under this
Agreement, or to insist upon strict compliance by the Company with the provisions of this
Agreement, and no custom or practice of the City or the Company at variance with the terms and
conditions of this Agreement, shall constitute a waiver of the City's right to demand exact and
strict compliance with the terms and conditions of this Agreement.
ARTICLE 13
CONTINUITY
Each of the provisions of this Agreement shall be binding upon and inure to the benefit
and detriment of the Company and the City and the heirs, devisees, legatees, legal
representatives, successors and assigns of the Company and the City.
6
ARTICLE 14
TIME OF THE ESSENCE
All time limits stated herein are of the essence of this Agreement.
ARTICLE 15
CAPTIONS
The brief headings or titles preceding each provision hereof are for purposes of
identification and convenience only and should be completely disregarded in construing this
Agreement.
ARTICLE 16
NO ASSIGNMENT, NO THIRD PARTY BENEFICIARIES
12.1 This Agreement is a personal retention of the Company as an independent
contractor. The Company must perform by its own forces and may not delegate, subcontract,
assign, transfer, or otherwise obtain its performance of this Agreement without the express
written consent of the City.
12.2 Nothing herein shall be construed as conferring upon or giving to any person, other
than the parties hereto, any rights or benefits under or by reason of this Agreement.
ARTICLE 17
DRUG FREE WORKPLACE
It is the policy of the City of Tybee Island that its work place shall be a drug free
workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.S. 701 et seq.
ARTICLE 18
PROHIBITED INTERESTS
16.1 Conflict of Interest. The Company and its subcontractors warrant that it presently
has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner
or degree with the performance of its services hereunder. The Company further agrees that, in
the performance of the contract, no person having any such interest shall be employed., 12-1- r . 2 a.e
16.2 Interests of Public Officials. No member, officer, or employee of Chachaar-eennty; = rig-.
Georgia,
4 -
Georgia, during his tenure, shall have any interest, direct or indirect, in this contract or the
proceeds thereof.
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ARTICLE 19
DOCUMENTS COMPRISING CONTRACT
a. City of Tybee Island's Request for Proposal and all its addenda and attachments issued
on ytio v y 2 O/C
b. Contractor's Certificate of Insurance as required and stated in Request for Proposal;
and
c. Contractor's Proposal.
If there is a conflict between the terms of this Agreement and the above referenced
documents, then the conflict shall be resolved as follows: the terms of this Agreement shall
prevail over the other documents, and the terms of the remaining documents shall be given
preference in their above listed order.
IN WITNESS WHEREOF, the Company and the City have caused these presents to be
duly signed, sealed and delivered on the day, month and year first above written.
PHILLIPS & JORDAN, INC.
By:
Name: i rl Iz r!
Title:
CironA
Attest:
Name:
Title:
APPRO
AS TFO
Edward, City A
8
CITY OF TYBEE ISLAND, GEORGIA
By: Sp 6c:v-
Name: ear,
Title:
Attest:
Name: JRae7- jeU/ 7 ,
Title:
C Ce /e_ I C01-.c11u.Q.
SPECIAL STIPULATION
Phillips & Jordan, Inc. debris removal, collection and disposal of tree stumps on public rights of
way, improved public property and areas (2016-687) —NOT TO EXCEED $40,000.00
PHILLIPS & JORDAN, INC.
CITY OF TYBEE ISLAND
Initials
572/1034/687 Phillips and Jordan/Agreement 12.01.16
572/1034/687 Phillips and Jordan/Agreement — rev 12.02.16 per Mitchum
9
City of Tybee Island RFP #2016-689
Tree Stump and Leaning Tree Debris Removal
Attachment L Fee Schedule
ITEM DESCRIPTION
24.1 inches to 36.99 inch diameter Eligible Stump
400
600
850
14
6 inch to 12.99 inch diameter Eligible Leaning Tree
13 inch to 24.99 inch diameter Eligible Leaning Tree
25 inch to 36.99 inch diameter Eligible Leaning Tree
37 inch to 48.99 inch diameter Eligible Leaning Tree
49 inch and larger diameter Eligible Leaning Tree
(Per tree) Removal of Eligible Hanging Limbs >2"
250
500
850
145
City of Tybee Island RFP #2016-689
Tree Stump and Leaning Tree Debris Removal
Service Description
HOURLY
RATE
Personnel & Equipment (Operator, fuel, maintenance included)
Small Loader or Lrg. Skidsteer, (Push machine, wheeled or rubber tracked)
110
Knuckleboom Loader Truck (Self -Loading 25-35 CY)
165
Dump Track (16 to 24 CY)
90
Supervisor with Truck Oman, will assist toss operations)
95
Operators with Chainsaw (2 or 1 mancrew, cut and toss)
50
Laborer with Tools (1 man, toss)
45
Traffic Control/Safety Personnel (2 man crew, as needed)
90
Total Hourly
645
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 018038109
AIA DocumentA312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Philips and Jordan, Incorporated
10201 Parkside Drive, Ste. #300
Knoxville, TN 37922
OWNER (Name andy4ddress):
City of Tybee Islam); GA
403 Butler Avenue
Tybee Island, GA 31326-2749
CONSTRUCTION CONTRACT
Date: December 2, 2016
Amount $40,000.00 Forty Thousand Dollars and 00/100
Description (Name and Location): RFP 2016-687 Hazardous Leaning Trees and Tree Stump Recovery
SURETY (Name and Principal Place of Business):
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02118
BOND
Date (Not earlier than Construction Contract Date): December 2, 2016
Amount: $40,000.00 Forty Thousand Dollars and 00/100
Modifications to this Bond: 8 None
CONTRACTOR AS PRINCIPAL
Company:
Phi(Ips and Jordan, Incorporat
Signature:
Name and Title
(Corporate Seal)
d{
tiA•.i •M9 , 1/. 'p it4.
(Anyadditional signatures appear on page 3)
0 SeePage3
SURETY
Com (Corporate Seal)
erty Mytual [mu r Ace C pany
S[gnatui
Name and Tile:Tom H. McCarley III
Attomey-in-Fact
(FOR INFORMATION ONLY- Name, Address and Telephone)
AGENT or BROKER:
J. Smith Lanier & Co.
413 Northshore Dr., SW
Knoxville, TN 37919
865-588-7200
OWNER'S REPRESENTATIVE (Archlteet Engineer orother
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1880 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312.1984 1
1 The Contractor and the Surety, Jointly and severally,
bind themselves, their heirs, executors. administrators,
successors and assigns to the Owner for the performance
of theConstructfonContract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obtigadon
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there Is no Owner Default, the Surety's obligation
under this Bond shall arise after:
34 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surely to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Steely agree, the Contraetorshall be allwveda tenon -
ale time to perform the Construction Contract, but
such anagreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Defatdt and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de -
dared earlier than twentydays after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in actor -
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shah promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 UndertaketoperformandcompletetheConmrc
tion Contract itself. through its agentsor through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre•
pared for execution by the Owner and the contractor
selectedwith the Owner's concurrence, tabe secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion. or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amain: for
whkh it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Denyliabilityinwheleorinpanandnotify the
Owner citing reasons therefor.
3 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness. the Surety stiall tie deemed
to be in default on this gond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shag be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or rite Surety has denied liability. in
whole or in put, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and it the Surety
elects to act under Subparagraph 4.1, 4,3, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract. and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the lint of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price tomitiggaationof
costsanddamages on theConstructionConnract,theSure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Suety
under Paragraph 4; and
6.3 Liquidated damages. or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages
the mused y delayed
performance or non per(or-
In
7 The Surety shall not be liable to the Owner or other for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract 'Price
shall not be reduced or set oil on account of any wdi
unrelated obligations. No right of action shag accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
6 The Surety hereby waives notice of any change,includ-
ingg changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 My proceeding. legal or equitable. under this Bond
may be instituted in any court of competent jurisdiction in
the location in which or pan oftheworkislocated
and shalt be instituted within two years after Contractor
Default o within two years after the Contractor ceased
working orwith(n two years after theSurety refuses or fails
to perform lis abllga*ions under this Bond, whichever oc-
curs first. if the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avait-
AW DOCUMENT A313 •PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1854 ED. •AIAe
THEAMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20800
THIRD PRINTING • MARCH 1987
A312-1984 2
able to sureties as a defense in the Jurisdiction of the suit
shall be applicable.
10 Notice tothe Sures, the Owner orthe Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed Incorporated herein. The Intent is that this
Bond shalt be construed as a statutory bond and not n a
common law bond.
12 DEFINt11ONs
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by ail valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company. (Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AIA DOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK. AVE.. N.W., WASHINGTON, D.C. 28008
THIRD PRINTING • MARCH 1987
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 018038109
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Philips and Jordan, Incorporated
10201 Parkside Drive, Ste. #300
Knoxville, TN 37922
OWNER (Name and Address):
City of Tybee Island, GA
403 Butler Avenue
Tybee Island, GA 31328-2749
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
CONSTRUCTION CONTRACT
Date: December 2, 2016
Amount: $40,000.00 Forty Thousand Dollars and 00/100
Description (Name and Locatlon)REP 2016-687 Hazardous Leaning Trees and Tree Stump Recovery
BOND
Date (Not earlier than Construction Contract Date): December 2, 2016
Amount $40,000.00 Forty Thousand Dollars and 00/100
Modifications to this Bond: 0 None
CONTRACTOR AS PRINCIPAL SURETY
Company: (Co .:rate Seal) Company:�,
Phillips and Jordan, Incorporated Liberty emu
Signature:
Name and Title:
(Any additional signatures appear on page 6)
Signature:
Name and
1
See Page 6
(Corporate Seal)
any
e: Tom H McCarley III
Attorney -in -Fact
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER:
J. Smith Lanier& Co.
413 Northshore Dr., SW
Knoxville, TN 37919
865-588-7200
OWNER'S REPRESENTATIVE (Architect, Engineer or other
PertY) :
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1994 ED. • AMA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 29906
THIRD PRINTING • MARCH 1987
A312-1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated hereinby reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor.
2.1 Promptly makes payment, directly or Indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit Is for
the payment for labor, materials or equipment furnished
for use in the performance of the Construction Contract,
provided the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3 Wlth respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for ail sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating that
a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment Included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice furnished to the
Contractor.
5 H a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the condtions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faithby the
Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract end to satisfy claims, If any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that as funds earned by the Contractor In the performance of
the Constructlon Contract are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the
completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligatlons to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. if
the provision of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense in the Jurisdiction of the suit shat be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or dellvered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address
shown on the signature page.
13 When this Bondhas been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
MA DOCUMENT A912 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. • AUT®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING MARCH 1987
A312-1984 5
conflicting with said statutory or legal requirement shall be
deemed deleted hereby= and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common law
bond.
44 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly fumish a copy of this Bond or shall permit a copy
to be made.
15 DEFINfiIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment
for use in the performance of the Contract. The intent
of this Bond shall be to include without limitation In the
teens labor, materials or equipmenP that part of
water, gas, power, light, heat, oil, gasoline, telephone
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
service or rental equipment used in the Construction
Contract, architectural and engineering services
required for performance of the work of the Contractor
and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in
the jurisdiction where the labor, materials or
equipment were furnished.
15.2 Construction Contract: The agreement
between the Owner and the Contractor identified on
the signature page, Including all Contract Documents
and changes thereto.
15.3 Owner Default Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perforin and complete or comply with the other
terms thereof.
Paragraph 6 above is deleted in its entirety and the following is substituted in its place:
6. When the Claimed has satisfied the conditions of Paragraph 4, and bas submitted to the Surety, all supporting
documentation and any proof ofctaimrequested by the Surety, The Surety shall, with reasonable promptness, notify the
Clahnantofhe amounts that are undisputed and the basis for challenging any amountsibatare disputed, including, batnot
limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall,
with reasonable promptness, payor utak* arrangements for payment of anyuadispnted amount provided, however, that the
failure ofthe Surety to timely discharge its obligations under this partesphorto dispute or identify any speclfic defense to
aU or any part ofa clafmshall not bedeemed lobe an admission efIlabiity by the Suety as to such; claim or otherwise
constitute a waiver of the Contractor's or Surety's defenses to, orrigbt to dispute, such claim. Rather, the Claimant shall
have the immediate right, without Anther notice, to bring suite against the Surety to enforce any remedy available to it
underthis Bond.
(Space is provided below for additional signatures of added parties, other than those appearing on thecover page.)
CONTRACTOR AS PRINCIPAL
Company.
SURETY
(Corporate Seal) Company.
(Corporate Seal)
Signature: Signature:
Name and Tike: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •Alt®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006.
THIRD PRINTING • MARCH 1987
A312-1984 6
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THIS POWER OF ATTORNEY IS NOT VALIDUNLESS IT IS PRINTED ON RED BACKGROUND.
This Rower ofAttomeylimlmthe acts of those namedherein, and they have no authority to bind the Company except In the manner and to the extent herein stated.
Certificate No. 744517e
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWNALL -PERSONS BY THESE PRESENTS: That American Fire & CasualyCompany and The Ohio Casualty Insurance Company are corporations duly organized under the taws of
the Stated: New Hampshire, that Liberty Mutual InsuranceCompany is a corporation duly organized under the laws of the State p1 Massachusetts, and West Americaninsurance Company
Is a corporation duly organized under the lava of the State of Indianatherein cotiectively called the 'Conroaniesl, pUrSUarit kr and by authority hereinsettorth,doesherebyname,consttute
and appoint, Catherine L. McMillan; Marilyn S. Spoon; Melissa A. Yardley: Tom H. McCarley111
all of the city of Knoxville.. state of TN - each indMdualty if there be more than one named, its true and lawful ahomey=n-fad to make, execute, seal, admowledge
and deliver; for and on is behalf as surety and as its act and deed anyand al undertaldngs, bonds, recognizaeces aid other surety obligations, invursuana of these presents and shag
be as binding upon the Companies as if they have been duly signed by thepresident and attested by the secretary of the Companies in their own prober persons
IN WITNESS WHEREOF, this Power of Attorney has bean subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto Das am day of :'. August 2016.
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance-Conghany
WestAnleriran Insurance.Company
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this em day of August 2016 before one personalty appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American . Fire and
Casualty Camay Liberty Mutual Insurance Company, The Ohio Casualty Insurance: Company, and West American Insurance Company, and tat he, as such, being authorized: so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corpaabors by himself as a duty authorized officer..
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at Plymouth Meeting;. Pemisylvama, on the day and year first above written.
err: Aisgsd!q
BY: y
David M. Care ,Assistant$
ry
P Pqa COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Teresa Restage, Notary Public
Plymouth Twp., Montgomery County
My Commission Expires March 28. 2017
any c+rti' Member, Pa,msylva : J
mAssaden of Notaries
This PowerofAtorney is made and executed pursuant to an by authority tithe following By-laws and Authorizations of American Fire and Casualty Company, The Otho Casualty Insurance
Company, Liberty Mutual Insurance Company, and WestAmerian Insurance .Company which matrons are now in full force and effect readf igas follows:
ARTICLE N- OFFICERS -Sedion 12: Prover of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject
to such Imitation as the Chaimnan or the President ntay presaibe, Shall appoint such atomeysumfact as may be necessary to act in behalf of the Camoraton to make, execute, seal,
acknowledge and deliver as surety any and WI undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations setforth in ten respective
powers of attorney, shall have full power to bind be Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shag be as binding as if signed by the President and attested to by the Secretary. My pow or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE Xm- Execution of. Contracts -SECTION 5. Surety Bonds and Undertakings. My officer of the Company authorized for that purpose in wiling by the chairman or the president,
and subject to such limitations as the chairman alba president may prescribe, shall appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surely: any and all undertakings, bonds,:recoghizalces and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respecgye powers of attorney shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as d sicced by the president and attested byte secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company,: authorizes David M. Carey, Assistant Secretary toappoint such attomeys-in-
fact as may be necessary to ad on behalf of the Company to make, execute, seat acknowledge and deliver as surety any and at undertakings, bonds, recagnizances and other surety
obligations.
Authorization - By unanimous consent or the Company's: Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant seaetwy of the
Company; wherever appearing upon a certified copy 01 any power of attorney issued byte Company in connection wit surety bonds, shall be valid and binding upon the Company wah
the same force and effect as though manually affixed.
I, Gregory W. Davenport the undersigned, Assistant Seaetary, of American Fire and Casualty Company, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fuer, true and correct copy of the Power of Attorney executed by sad
Companies, is in MI force and effect and has not been revoked. i
WTESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies th t dayof fG/2Ci�vr�sq 20 )t
Teresa Pesteta, Notary Public
LMS_ 12873_122013
BY:
Gregory W. Davenport. Assistant Secretary