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HomeMy Public PortalAboutphillips and jordan 2016-689 _-12072016141147.pdfSTATE DP GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT THIS AGREEMENT for Debris Removal Disaster Recovery Serviceere%gafter . referred to as "Agreement," is made and entered into as of the day of ece , 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 collection, removal and disposal of white goods on public rights of way and public areas; and WHEREAS, the City has issued a Request for Proposal Number 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, terms and conditions contained in Request for Proposal Number 2016- 689 (Hurricane Matthew Debris Recovery Services for Debris Collection, Removal and Disposal of White Goods on Public Rights of Way and Public 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 collection, removal and disposal of white goods on public rights of way and public areas; and 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 Debris Recovery Services consisting of the collection, removal and disposal of white goods on public rights of way and public areas 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 perform professional Debris Recovery Services from Private Drives and Rights of Way 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. 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 lams. 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 immediate notice to terminate all monitoring 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 tenninate 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. 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 OS 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@cityoflybee.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 partiesidentified 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 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 involves operations by Company's agents, subcontractors, suppliers or employees an 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 shalt 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. 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.61, T :s�4� 16.2 Interests of Public Officials. No member, officer, or employee of Georgia, during his tenure, shall have any interest, direct or indirect, in this contract or the proceeds thereof. ARTICLE 19 DOCUMENTS COMPRISING CONTRACT a. City of Tybee Island's Request for Proposal and all its addenda and attachments issued on 'N-Poop.H.(ea i 2D/6 . b. Contractor's CCertifieate of Insurance as required and stated in Request lot 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: uu t Cxcn,,, Name: 0 v) Title: Vi fie ,((Ivor Attest: Name: Title: 4-40,t} 21 r)ni i i APPROV AS TO FORM: Edward M. Hughes, Ci d omey CITY OF TYREE ISLAND, GEORGIA By: Name: 4;43.4 41.,e<rtn-..n _ Title: .t. /t Attest: Name: Title: J a . 'J i le! L•—U6aec cL%et-i e1 Cocviu1 SPECIAL STIPIILAT1ON Phillips & Jordan debris collection, removal and disposal of white goods on public rights of way and public areas (2016-689) — NOT TO EXCEED $10,000.00 PHILLIPS & JORDAN, INC. CITY OF TYBEE ISLAND Initials 572/1034/689 Phillips and Jordan/Agreement 12.01.16 572/1034/689 Phillips and Jordan/Agreement — rev 12.02.16 per Mitchum CITY OF TYBEE ISLAND, GA REP NO. 2016-689 DISASTER DAMAGED' DEBRIS FEE SCHEDULE SUBMITTAL n yaPhillips & Jordan, Inc. Washar,,Orrt, $.utas, Ott/K1,ti .S, Acmo,w.t,d hatvya}tr Lit $17.0,00 I1S,�'3 .'INk I t Ji,� �hl �!•tu�i !In �n�' �rry ,U �(�tiv �,�,'�I� W , i �4' ' !'F' dial , .(4 ' ! iO,jl i, a T= ,J 3i,u12' n#f r i}.',(I r ((I'�'��!!�°a��n'NII�I,_�!�,� II : t '!,�!lln ' Ar r. Minor Disaster (Category 1-2 Hurricane) $25.00 I l a, � ✓- k t � �` � _ x 1. t � II F� (g,i�, F , , >sa w t �t FiF ti +p a -- I � �t 1'I� S ilh �� itii tlisaste 6 Z'•i�l�...� .,c.{n:t ......... V d .....t Ct -- „ t 5 r I , (��{ vel L• 4 l I'.APi�a•"n , xn EStlina�gCi, ,r:e, 1 S • ,4u !rttit 'PtF, �i a 11 A t r �'1 .0 ..dahM�. :A:�rfnl m.• .,....... 1 'f. (i , :r ry r 1 1 I syk "IRI nal,�i ti�tft,a(.i ,� ��;��.J' ' :kk••l u b I,�•#{�������`��' "fi � 1pF},:I �,x€. .ry 1, ......�� IYII"�likYvn�'M.:tl.i°1 Minor Disaster( Category 1-2 Hurricane) N/A 1 � 55� Vi �,y , h{iW(fl 1 ,,•fit � ' t, 1 4x 'D'sr 1u � � 1 Fv�i �S, u 1 : C 1 4 �vy''A. (.k�'1Ri51ty�I • er. 'a itYr + i -�, i� v g r rc,x t• 11 II �r 'n• - '- ' ' "" I "ht:t€}: Flit � 's�is PP�[n I� tl,���� �I' a ' 1 ' I J I rt { '"�) i =�i ap' it �cr,ll:a . ,' 4 •� 11 �i'`� pj]byl(I�1#'Ij J 1'i' uIa I� ,F I •1 i ,'m , ,{ Iiliilli✓Yi nr �,-} 1_ Minor Disaster (Category 1-2 Hurricane) N/A 3 { ' i N y rislh�'m �9 of�Eiifile tted tTl :,, 19,XIF ul Sef QtlaYer�Is�l& i4ry id,M2r•w dw �'�*"z r 1 , �t t rt r IFPyj 'u x }� • ii x#y„€� f(isrte i',I.azal'S{4tJ£�.r W„� .10. v�(em.. �n. $M,,a ,I ! 1 , �Xi ' 'b u�4nPu lals€xahV .11 1 nd'PfoPef WO at • �J...'�. � .. I.....�,4'�,.. lVAY9k1.A . xC I..:^_ :t h •1 I 4 'F 1 1 - tmµ.dtul our , rt t, ! I... t ..,';I:a..'"2. II UI � �i' ut •fi i� �; Liquid Type of Hazardous Waste $50.00 3 El •[[ app l •n*a' a au?. I,0 •uCVw - q .111 K�taidHazardausr�iya3f�l ryl rrn A� r6 n > n� �tsgfremova�ar F„, "• yri.. r}xt t El i ' z r 0Yt ,'f 4 rtK, v 6{3a(iOper ,.s , + VTaste (HM a ' x Esti`mat'ed QpanitPe r win it�=r € 1 aaex r,i;,ip r t, 2 df 4)° 'i.., ,.. 41U5' £0 gi Solid Type of Hazardous Waste $50.00 3 aril E)ig >ie randy v W } v ' + al'1a�1 "til •w°Sk Q, � ,;: '+ -- II I M xx• irC140ds Dfs °4 11 coowecNr 'JNA Plf eta t t, removal of4E% +a Dads from. U s'• e r ' :t•.bol ' ' Iu">*„ 4 sere res oill? lgfor 4o *�Tatect"V atYI I F�y.Udf 6 ioI ntrVh !baa.City•de�F ell P etyeling ” v- a 1 r ' Refrigerators and freezers requiring refrigerant recovery and decontamination $15a00 n y Ir'L t 1,€ r'Y w:uavxn ry(,i ria » } l iro f${ • Oltenia R tt Ava $! qr 1 rhated: iFiin Inl r4 iw � £,{.. I,d.t1 consisys of N�,rQcovety and recyciin ttKgi4i «F _, .4yant(WPer! n':i• trn n yaPhillips & Jordan, Inc. Washar,,Orrt, $.utas, Ott/K1,ti .S, Acmo,w.t,d hatvya}tr Lit $17.0,00 CITY OF TYBEE ISLAND, GA RFP NO. 2016-689 4 1 •_ JI'Y` i �A 1 T -t ., r :1 71Y�1 11 f 1 1 nr a+,fv¢ w !(�1" { ly�Ain)855'il ,1 � t><aW �I,�•u� __ a:.....•.. , a: 1,,,,, 1 al•Ij G4 1 #.1LY'w.�W" '. :. '*tt� { . i 11 4 s �� ;� � �' �t� 7.Itft�`+by I �,!� �h rhl� • .i`. �I:Ih,,:. a.!. ... .: .,._ .:...,.••1•. ,•nmSnaX��pr ti(i'fink�' ice: $150.00 6�. 4�nliie gp�fl n . (iR ..161 Ei� wii i" , y�,'�'dI!II�F, �" @ ! .i>} ,I .n:.i •i u. :.:u. •. yw>t afi.M .I pW5 t ! '»1'4'%f4 1 ">° 1 Ili ii IIN•t� n�:�•• 1 � �� -G9 li $mP 'Fbdsha wys ijt l'd1l ir'aMtm t>A t,i , 1 , " k •..,... .• •.••�4^.T.a.. .WL,..:c:.SL:u,. t-.J� .h. i•�iY.i!uka It • t'i., II��'U!'I!I{�i ..ati. $1.00 Knuckfeboom oader Truck (Self - Loading 25-35 CY) ta,{I, RNk4.34,. Y: b lui �jp,?:•1 1 i I A rGDIa$ter'De.{rye•7 DI(i .{i n........ - ., i tih] GI'r 'rXTt L"11Id(}�4b'i�{Y Uf ` 9 aM'+.l • rtl�l4 nM:l:inu !!II i X ui li {�i i h� i CL ?.aFfi^'Y€%WI B 4 0 M.4fi p I:.u•�•.•v •.. Vi,m'^^. ... n..... ui T 1yij(, `,� tiu+rc"` V i!�iII 1i i! 611Y ii J!i 6Pa� i I i l•1 R!6 K' AK,., • i:'i u.:. a .. • : : c ......_ ..:. Sand Screening - The Contractor shall screen all sand to remove Eligible debris deposited as a result of a natural $40.00 or manmade disaster. GRAND TOTAL FEE PROPOSALS FOR LABOR & EQUIPMENT PER TASK Phillips & Jordan, Inc. �y�.a Q**OfW1 "V.i h e ,.a�! 3 _..a1, • alandi"•ublld«rf ,of4a rtg`W�+YiI.'1 t� ' u! a.:... u.. � - { ir1 i i IM R� i, � a! rM.. �• 1 "� J, 1 yt '+n 1•' n '! 7�i6•�•d i d rz# n i �fuae Ei14JPlnentr(Operator,,fuei} 1iP�4 �. �'.... ; �4��IJ�GJ.�PS &i..0 . +i#P+uIIII� Il�fit• uld9II.6 •moi »t"�',e. A: t wii i" , y�,'�'dI!II�F, �" @ ! .i>} ,I .n:.i •i u. :.:u. •. Small Loader orLarge eet, (push machine, wheeler or rubber) Hour $110.00 _.. Knuckfeboom oader Truck (Self - Loading 25-35 CY) Hour $165.00 ■-- 1 Supervisor with Truck (1 man, will assist toss operations) Hour $95.00 Operators with Chainsaw (2 or 1 man crew, cut and toss) Hour $50.00 Laborer with Tools (1 man, toss) Hour $45.00 Traffic Control/Safety Personnel (2 man crew, as needed) $90.00 TOTAL HOURLY $555.00 Phillips & Jordan, Inc. THE AMERICAN INSTITUTE OF ARCHITECTS Boned No. 018038111 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Phillips 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 CONSTRUCTION CONTRACT Date: December 2, 2016 Amount: $10,000.00 Ten Thousand Dollars and 00/100 Description (Name and Location): RFP 2016-689 Disaster Debris Recovery Services for White Goods,Household Hazardous Waste, and other specified debris in Public Right of Way. BOND Date (Not earlier than Construction Contract Date): December 2, 2016 Amount: $10,000.00 Ten Thousand Dollars and 00/100 Modifications to this Bond: ] None SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 CONTRACTOR AS PRINCIPAL Company. -phillips.end Jordan Incor.2rate Signature: SURETY orporate Seal) Company: Libe Company 4Y. (Any additional signatures appear on page 3) Signature: ;d- Name and Tit e:Tom H. McCarley III Attorney -in -Fact 0 SeePage3 (FOR INFORMATION ONLY - Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer orother AGENT or BROKER: patty) J. Smith Lanier & Co. 413 Northshore Dr., SW Knoxville, TN 37919 865-588-7200 MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EO. • AIA 91 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON. O.C. 20008 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 theConstruction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 1f there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surely 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 Surety to be held not later than fifteen days alter receipt of such notice to discuss methods of performing the Construc- tion Contract. 1f the Owner. the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right. if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- dared *tidier than twenty days 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 shall promptly and at the Suretys 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 Undertake toperform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; Of 4.3 Obtain bids or negotiated proposals from quaIlied 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 selected with the Owner's concurrence, to be 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 It ex- cess of x•cessof the Balance of the Contract Price incurred by the Owner resulting from the Contractors 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 amount for which 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 Deny liability in whole or in part and notify the Owner citing reasons therefor. S If the Surety does not proceed as provided in Paragraph 4 with reasonablepromptness. the Surety shall be deemed to be in default on this tend 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 shall 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 the Surety has denied Iiabikty, in whole orin part 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 if the Surety elects 10 act under Subparagraph 4.1, 4.2. 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 limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated wtlhout duplication for; 6.1 The responsibilities of the Contractor for correc- tion of defectivework and completion of the Construc- tion Contract; 6.2 Additional legal design professional and delay costs resultingfrom the Contractor's Default, and re- sulting front the actions or failure to aci of the Surety under Paragraph 4; and 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non.perfoa mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of theContractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced Of set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors. administrators or successors. 8 The Surety hereby waives notice of any change. includ- ing changes of time, to the Construction Contract or to Sated subcontracts, purchase orders and other obliga- tions. 9 Any proceediing, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction In the location in which the work or pan of thework is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working w within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever oc- curs first. If the provisions of this Paragraph are void or prohibited bylaw, the minimum period of (imitation avail - Alin DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA e THE AMERICAN INSTITUTE OF ARCHITECTS, 1738 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1687 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Noticetothe Surely, the Owner or the Contractor shall be mailed or dellvered 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 he performed, anyprovlslon in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herelrom and provisions con- forming to such statutory or other legal requirement shall he deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 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 he received by the Owner in settlement of insurance or other claims for damages to which the Contractor b entitled, re- duced by all 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 DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 7984 ED. • AIA e THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20008 THIRD PRINTING. MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 018038111 AIA Document A312 Payment Bond My 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): Phillips 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: $10,000.00 Ten Thousand Dollars and 00/100 Description (Name and Location RFP 2016-689 Disaster Debris Recovery Services for White Goods,Household Hazardous Waste, and other specified debris in Public Right of Way. BOND Date (Not earlier than Construction Contract Date): December 2, 2016 Amount: $10,000:00 Ten Thousand Dollars and 001100 Modifications to this Bond: ❑ None CONTRACTOR AS PRINCIPAL SURETY Company: Cprporate Seal) Company Phillips and Jordan, Incorporated Liberty ® See Page 6 (Corporate Seal) eany Signature:is '!1 Signature: Name and Title: a L Vi pro; j„ + Name and Title: Tom H. McCarley Attorney -in -Fact (Any' additional signatures appear on page 6) (FOR INFORMATION ONLY - Neme, Address and Telephone) AGENT or BROKER: J. Smith Lanier & Co. 413 Northshore Dr., SW Knoxville, TN 37919 865-588-7200 OWNER'S REPRESENTATIVE (Architect Engmeeror6ther p�rJ MADOCUMENTA3IZ. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1989 ED. . AIA® TFW AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W., WASHINGTON. D.C. 20606 THIRD PRINTING • MARCH 1987 A312-1984 4 l 1 The Contactor 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 herein by 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 alt 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 fumished for use lin the pesfs3Tmawce Mika Genet a tics Cowsed, 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 With respect to Claimants, this obligation shaft be null and void if the Contractor promptly makes payment, directly or indirectly, for all 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 contractwith the Contractor have given notice Io the Surely (et 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 amountof the claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or performed; and .2 Have ether 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 unclosing a copy of the previous written notice furnished to the Contractor. 5 if 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 conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 8.1 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 faith by 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 and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and Me Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction 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 obligations 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 provisions 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 shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered 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 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 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1884 ED. • MA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WAS WNGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 5 conflicting with said statutory or legal requirement shall be deemed deleted herefrom 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. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 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 terms labor, materials or equipment' that part of water, gas, power, fight, 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. 152 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. wtdch has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 above is delated in its entirety and the following is substituted in its place; 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted to the Surety, all supporting documentation and any proof of claim requested by the Surety, The Surety shall, with reasonable promptness, notify the Claimant ofthe amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Suretyaball, with reasonable promptness, pay or make arrangements kr payment of any undisputed amount: provided, however, that Ibe allure of the Surety to timely discharge its obtigatiom wider this paragraph. or to dispute or identify any specific defwtse to all or any part of claim shall not be deemed to be an admission of liability by the Surety as to such claim or ethervise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suite against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1491 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1964 6 THIS -POWER £ FA1TORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. this pony of Int the acts of those named herebl,;and they have no authority to bind the Company except in the: manner and totheextant herein stated. ... .. Certificate No. 74451T7 American fire and Casualty Company Liberty Mutual Insurance Company The Ohba Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY ICRr1WWHOI,LPERSGNSSY THESEPRESEMTS: ThathreericanHs&C Ozonary awiTterabloCeithatti taseraorsCatopesa ase cawstationvasia oaaaaisedurdatbe at the Stateeftiori Hampshire, tbatUbedyMJbal:Insurance Company{saearl!aratondulycganized undertlre'Iaws.ofiheState ofMassachusetts, aid West AmerthaninsuranceConipany :'.. e a corpgAM getyogauzed underthelews ofthe theta alrwaia(herdntokeldrelymlledthetcngaaieo—pufsuant to and by author* benin estfidh, doesh rebYnane, ccnalilute and appoint, (Catherine L. McMillan; Marilyn S. SpoWni tdetissa-A. Yardley; Tom It McCariey 111 the dty of.: Knoxville state of TN: eadi IndMdually ifhherebemoro Man one maned its bleaidlawful attmNymfmaim, act to m, taxer; seal, admowledge and deriver, faand.* its behalf as surety andasIts at anddeed, my and all undertakings, bonds,.rsmgnizancesand other Suretyobigations, Inpureuanceof these presents and shat ..:be as binding upon the Companies as 1theyhave been duly -signed by the .presidontend attested by the secretary of the Companies in their own proper persons. _. IN WITNESS WHEREOF, this Power ofAtonieyhas been sdraibed by an authorized officer or official of the Companies' and the corporate seals of the Company have been thereto this em day of August .: 2016 American Fee aid Casualty Company The Olio Casually lr warm ComQar Liberty Mutual InsuranceCompany West ncrerblsufance Company i C. David M. Cee ,Assistant Secretary. STATE OF PENNSYLVANIA ss al- COUNTY OF MONTGOMERY E m -0n this etb day of August 2010 before me personally appeared David M. Carey who acknowledged himself to be the Assistant Secretary of American fire and 0 am Casually Company, Liberty MllhallnsuranceCompany, The ChioCasuatylnslrance Company, and West American lnsurance Company, and bathe; as such, being authorized so to do, p m e%eladethe foregoing instrument ferrite purposes therein contained by signing en behalf of the caporabiansby himself M a duly autltozcd officer @ > IN WITNESS WHEREOF, 1 have hereunto sitscnbed name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above mitten. tag P p4sTCOMMONWEALTH OF PENNSYLVANU Z NW ! Nabaiel Seel C .ice y Teresa Pnablka Nonny Public - By: y OF Plymouth Twp., Montgomery County Teresa Pastan, Notary Pubric s. q My Commission Expkes March 28, 2017 SY: . 0 'rOrYf am'"... Member. PemreNv -Aswaanon of mamas c rap This Poem ofAttomeyLSmade and executed pursued td byathodty of the following By-laws and AuthaizalionsoAmerican FfrealdCasualtyCompany, fie Ohio Casualty Insurance -0 4* Company, Liberty Mutual Insurance Company, and Wesinmedcai Insurance Company which resolutions are now into face andeffect reading as follows: }pp"® ARTICLE IV–OFFICERS–Section 12. Power ofAttomeytt ,AMy, fro other official of the Corporationauthorizedtor that purpose in writing by the Chairman or the President, and subject 40 such iimltatyorl as the Chairman Of the President may peenlbe, stall Maim such atoneys-in•fad, as maybe rieceasay to ark:iebehalf of the Corporation to make, execute, seal. O E acknowledge and deliver as surety any and at undedakings,bonds%cognizancesand other surety obliigaton& Such atomeys4fad,subject tothelimitations set forth in their respective E powered attorney, shall have tet power to bin the Coporrelon bythelrsignaure and execution of any such hNtrumenis and to attach thereto the seal M the Cognation. When so m -executed, such mstimentsshag be as binding as If signed' by the President and attested to by the Secretary, Any power or authority granted to any representative or alloney-in-fact under 4– the provisions of this article may be revoked at any timebytheBoard the Chairman, the President or the officer eroifners granting such power or authority. -. Ts C. ARTICLE Xtt-Execution of Contracts –SECTION 5. Surety Bonds and Undertakings. Any officer of the Company autbolzed forthat purpose n writing by the chamnan or the president ` and subject tosuchrimitatonsas the chairman orihe president may prescribe, shall appoint such attorneys -in -fad, as may be necessary Meet n behalf Of the Companylo"make, execute, O seat; acknowledge and deliver as surety any and at undertakings, bans, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set foot inter Z v respective powers of attorney, shat have full power to hinthe Company bytheir signature and execution of any suds insbumentsand to attach thereto the seal oftheeonpany. Whenao executed such instruments shall be as binding as if signed by the president and attested by the secretary. -• Certificate of Designation –The Resident d the Company, actehg pursuant to the Bylaws of the Company, authorizes Davi M Carey,Assstait Secretary to appoint such ataneysin - fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all jndertakngs, bonds, remgnizahces and other surety obligations: Authorization– By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or ntecheacally reproduced signature Jany assistant secretaryofthe Company, wherever appearing upon a certified copy Jany power of attorney issued by the Company in connection withsuretyhonds, shat be valid and binding upon the Company with ..:the same fooe and effect as trough manually affixed.' .. I. Gregory W.: Davenport, the undersigned, Assistant Secretary, ofAmericai Fire and Casualty Company, The Oleo Casually Insurance Company, Liberty Mutual Insurance Company, and WesfAmenoan Insurarce:Conyrany do hereby certify that the original pole of attorney of wAudlthe foregoing i a fug, true and Coffee IVRY of the Powe 0!AtoneY executed by sad Companies, lsnful iota aldatect and has not been rewired; [' IN TEBTIMONY'WHEREOF, f:have hereunlo set my hand and affixed the seals of said Companies this a day of c f aI' 20 /4 .