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HomeMy Public PortalAboutAD Williams Contract- South Beach Dune 1-28-19.pdfCITY OF TYBEE ISLAND DUNE REMEDIATION PROJECT NOTICE TO PROCEED Pursuant to the Construction Contract signed on the 28th day of January 2019 you are hereby notified to proceed with the Project. Upon receipt of this notice, you are responsible for performing the work on the Project under the terms and conditions of the Contract and in accordance with the specifications in the Invitation To Bid ITB 2018-720. You shall commence activities under the Contract within 7 days of receipt of this notice, prosecute the work diligently, and complete the entire project ready for Final Acceptance by Owner no later than April 5, 2019. Receipt and acceptance of this notice is hereby acknowledged by signature below: L-4,03Lrey---S F}� ti.);\1, enysr eo company ArAA, o 1 af 108 CITY OF TYBEE DUNE REMEDIATION PROJECT SCHEDULE OF DOCUMENTS Bid Bond Performance Bond Insurance Certificates Contract Affidavit OCGA 36-91-21(e) Affidavit OCGA 50-36-1(e)(2) Sand Source Certification ITB 2018-720 Addendums 1-4 ITB 2018-720 Appendix A to Invitation To Bid - Site Development Plan Contractor's Bid GA DNR Shore Protection Act Permit #460 2 of 708 AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE DUNE REMEDIATION PROJECT THIS AGREEMENT, made this 28th day of January, 2019, by and between the City of Tybee Island, GA, hereinafter called the "Owner", and A.D. Williams Construction Co., Inc., hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City of Tybee Island, GA, has heretofore solicited bids for all material, work and improvements and for the doing of all things included within the hereinafter specified as Dune Remediation Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest responsible, responsive bidder for the hereinafter specified South Beach Dune Remediation Project. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings, and agreements, the parties hereto do hereby agree as follows: ARTICLE I - WORK TO BE DONE BY CONTRACTOR Contractor agrees, at his own cost and expense, to do all the work and fumish all the labor, materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Dune Remediation Project for the City of Tybee Island, GA, all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at his own cost and expense, all other things required of the Contractor by said Contract Documents for said work. SECTION B-2 1 AGREEMENT 3 of 108 ARTICLE II- CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions, or, if not attached, as if hereto attached: 1.) Invitation to Bid 2.) Instructions to Bidders 3.) Bid 4.) General Conditions of the Contract 5.) Agreement 6.) Technical Requirements 7.) Contract Drawings 8.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 9.) Any and all other documents or papers included or referred to in the foregoing documents including all Permits 10. Any and all Addenda to the foregoing, all of which are on file with the Owner 11. Certification of a pre -qualified sand source to be used for construction ARTICLE III- CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing all work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work, in the manner and according to and in compliance with the Contract Documents as directed by the Owner or the Owner's representative in accordance with these documents, and for any and all other things required by the Contract Documents: SECTION B-2 2 AGREEMENT 4 of 108 ATTACHMENT E BID FORM DUNE REMEDIATION 2018-720 CUT OF 1TBEE ISLAND SOUTH BEACH DUNE REMEDIATION - TTBEE pia TO 19TH SL CHATHAM COMFIT. GEORGIA BID FORM Rem No. DescrM6on Quaff Units Unit Price Total 1 MobirialioNDemobirmatioNSite Prep. 1 13 $/44Stet IV (de '5. tSCA 2 Said FR 23.000 cT s sq a iT7VCii ori . Comhedbn T i6 ,9e "‘. t We acknowledge the following addendums: Addendum 411 Dated: December 5, 2018 Addendum #2 Dated: December 6, 2018 Addendum #3 Dated: December 18, 2018 Addendum' #4 Dated: December 18, 2018 3 5 of 108 The foregoing quantities and totals on unit price items and the foregoing Total Contract Amount are approximate only, being herein above inserted for the purpose of establishing the face amount of bonds to be provided by the Contractor. Payment of work covered by the above unit price items will be made only on the basis of the actual quantities of work completed in place as authorized, and as measured and accepted as provided in the Contract Documents. ARTICLE IV- CONFLICT BETWEEN COMPONENT PARTS OF CONTRACT In the event that any provision in any of the following component parts of this Contract conflicts with any provisions in any other of the following component parts, the provision in the component part first enumerated below shall govern over any other component part which follows it except as may be otherwise specifically stated. Said component parts are as follows: 1) Addendum Numbers 1,2,3and 4 2) This Instrument 3) Contractor's Bid 4) Sand Source Certification 5) General Conditions of the Contract 6) Technical Requirements 7) Contract Drawings 8) Permits (State and Federal) 9) Instructions to Bidders 10) Invitation to Bid This Contract is intended to conform in all respects to applicable Statutes of the State in which the work is to be constructed, and if any part or provision of this Contract conflicts therewith, the said Statute shall govern. SECTION B-2 4 AGREEMENT 6 of 108 ARTICLE V- STARTING AND COMPLETION The Contractor shall, and agrees to, commence sand placement for the Dune Remediation Project 110 later than Monday February 4, 2019, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner by April 5, 2019. The route of travel for all trucks shall be to enter off Butler at 17th Street, return to Butler on 18th Street. Access to the beach shall be at 18th Street. All equipment shall be staged and sand stockpiled on the beach at 18th Street. Beach seaward of project site and 18th Street access shall be made available for Critz Run February 1-3, 2019. No work will be done on Saturday, March 9, 2019 without prior approval by the Owner. ARTICLE VI- PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE VII -INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not be deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents, and in such event, all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that in such event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken provision. SECTION B-2 5 AGREEMENT 7 of 108 ARTICLE VIII- CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the laws of the State of Georgia without regard to conflicts of laws principles. Further, any dispute arising out of or concerningthe Contract Documents, or any action or inaction performed thereunder, shall be adjudicated in either (a) the United States Court for the Southern District of Georgia, Savannah Division; or (b) the State or Superior Courts of Chatham County, Georgia, and the parties waive any defenses of personal and/or subject matter jurisdiction to the aforesaid venues. (SEAL) A. D. Williams Construction Co., Inc. (Contractor) IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in four original counterparts the day and year first above written. By: A, Attest:4_ It's Title Attest: <_� Approved this3 v day of —t& ( 2019_. By: It's City of Tybee Island, GA (Owner) Title SECTION B-2 6 AGREEMENT 8of 108 IMPORTANT NOTE: If the Contractor is a corporation, the legal name of the corporation shall be set forth above together with a signature of the officer or officers authorized to sign Contracts on behalf of the corporation; if Contract is a co -partnership, the true name of the firm shall beset forth above together with the signatures of all the partners; and if Contractor is an individual, his signatures shall be placed above. If signature is by an agent other than an officer of a corporation or a member of a partnership, a power-of-attorney must be attached hereto. Signature of Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment. SECTION B-2 7 AGREEMENT 9 of 108 AFFIDAVIT Contractor Affidavit Under OCGA 36-91-21(e) Personally appeared before the undersigned officer duly authorized to administer oaths, ,) ;m„,„1 L. W. /),�,./as who, being duly sworn, states as follows: The undersigned hereby execute under oath this affidavit verifying compliance with the provisions of O.C.G.A. § 36-91-21(e) and attest that he has not directly or indirectly made any effort by himself or otherwise to prevent or attempt to prevent competition in the bidding or proposals by any means whatsoever. The undersigned further attests that he has not attempted to prevent or endeavored to prevent anyone from making a bid or proposal by any means whatever nor caused or induced anyone to withdraw a bid or proposal for the work. The undersigned further attests that he is the sole agent or officer who have acted for or represented the corporation in bidding for or procuring the contact. This oath is made in order to be filed with the officer whose duty it is to make payment under the contract THIS a&dayof eta? ,20f`. Title Swom to and subscribed before me, this c ' Vday of Jti r ,e , 20 (6 . Notary Public `rllrra,r • EXPIRES ' � GEORGIA ▪ • Oct. 26, 2019 .,eRY \tt$ XiClieuts10092491Cmtlu,orAffidavit Under OCGA 36-91-21(e) doa CITY OF TYBEE ISLAND DUNE REMEDIATION PROJECT SAND SOURCE CERTIFICATION The Contractor has pre -qualified a sand source labeled as "The McGraley Company Sand" as being acceptable for the above referenced project at Tybee Island, GA. All sand delivered to the project site shall be well represented by the certified sand source material composition, color and grain size distribution. Delivered sand not represented by the sample or containing undesirable material shall be rejected and removed by the Contractor at no expense to the Owner. The Engineer reserves the right to analyze sand source composition during the course of the work to assure compliance. 2.,Azr,Marne,�S Company 340ucaa-. 07019 Date ITB NO. 2018-720 ADDENDUM NO. 1 12-5-18 DUNE REMEDIATION DUE: THURSDAY, DECEMBER 20, 2018 by 10:OOam CITY OF TYBEE ISLAND, GEORGIA Section 1: GENERAL 1.1 The CONTRACTOR shall commence activities under this contract (a) within 7 days of a Notice—To- Proceed (b) prosecute the work diligently, and (c) complete the entire work ready for use by March 1, 2019. 1.2 The CONTRACTOR shall commence site work at South Beach any time after execution of contract. 1.3 The CONTRACTOR shall be complete with all sand placement, sculpting, and clean up by no later than March 1, 2019. 5.0 SITE ACCESS, WORK AREA, AND STORAGE AREAS is amended as follows: 5.2 Truck Route. The route of travel for all trucks shall be on 17th ST from Butler Ave. (changed from 19th Street) 5.3 Truck Staying. Staging and stockpiling of material shall be on the beach at the seaward side of the parking lot directly across from 17th Street. The 17th Street crossover will be removed by COTI DPW prior to start of construction. 5.4 Access/Road Preparation. Deleted. 5.8 Stockpile. The beach area located just seaward of the parking lot at the 17th St crossover area may be used for equipment staging and temporary sand stockpiling. Section 2: DUNE RECONSTRUCTION 3.0 SAND FILL MATERIAL - QA/QC is amended as follows: 3.3 CONTRACTOR shall have sand samples tested and submitted to the Georgia Department of Natural Resources for certification to the standards specified in 3.1 prior to submittal of bids. A Munsell color test should be included in the test. Labs contacts: Whitaker Labs - Clay Kicklighter - Clayk4 4whitakerlab.net Terracon - Hunter Saussy - Hunter. Saussy(& terracon.com Georgia Department of Natural Resources contact: Mark Dodd - mark.dodd(2i dnr.ga.gov 4.0 TRANSPORT is amended as follows: 4.5 is deleted. Crossovers will be removed by COTI DPW prior to start of construction 12 of 108 ITB NO. 2018-720 ADDENDUM NO. 2 12-6-18 DUNE REMEDIATION DUE: THURSDAY, DECEMBER 20, 2018 by 10:OOam CITY OF TYBEE ISLAND, GEORGIA 1. INSTRUCTIONS TO BIDDERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All ITBs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400 and the laws of the State of Georgia. 1.1 How to Prepare Bids: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Typewritten or completed with pen and ink, signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the bid sheet. ALL SIGNATURE SPACES MUST BE SIGNED. Bidders are encouraged to review carefully all provisions and attachments of this document prior to submission. Each bid constitutes an offer and may not be withdrawn except as provided herein. 1.2 How to Submit RFPs: a. One original, one duplicate copy and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the bid number and title, date and time of bid opening, and company name. b.. Include all requested documents. c. Include a copy of the responder's current business license. d. All bids should be mailed or hand delivered in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Mailing Address and Hand Delivery: City of Tybee Island, ATTN Melissa Freeman, PO Boa 2749, 403 Butler Avenue, Tybee Island, Georgia 31328. BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFILD WILL NOT BE OPENED OR CONSIDERED. 1.3 How to Submit an Objection: Objections from bidders shall be brought to the attention of the City of Tybee Island Purchasing Agent in the following manner: a. Bidders shall either present their oral objections at that time or submit their written objections at least two (2) days prior to the scheduled pre-bid conference. b. The objections contemplated may pertain to form and/or substance of the bid documents. Failure to object in accordance with the above procedure will constituth 4108 a waiver on the part of the business to protest this ITB. 1.4 Errors in ITBs: Proposers or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposal(s). Failure to do so will be at the Bidder's own risk. 1.5 Standards for Acceptance of RFP for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the Proposal of a Proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. 1.6 Proposer: Whenever the term "bidder" is used it shall encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island. 1.7 Responsible / Responsive proposer. Responsible bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive bidder means a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in the ITS. 1.8 Compliance with Laws: The bidder and/or contractor 41a11 obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island shall be supplementary to this section and not in substitution thereof. 1.9 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 1.10 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 1 11 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E -Verify System. E -Verify is a no -cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E -Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotliaht/employment/rules. You may go to http.//www.uscis.gov to find the E -Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that otos applicants for certain "public benefits" are legally present in the United States. Contracts with the City are considered "public benefits." Therefore, the successful proposer will be required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package but is only required of the successful proposer. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2 GENERAL CONDITIONS 2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the proposer but shall put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these specifications. 2.2 Multiple Bids: No vendor will be allowed to submit more than one (1) bid. 23 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.4 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in his proposal will be firm for acceptance for a period of sixty (60) days from bid opening date, unless otherwise stated in the ITB. 2.5 Completeness: All information required by the ITB must be completed and submitted to constitute a proper bid. 2.6 Quality: All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality, and of the highest standard of workmanship. Workmanship employed in any construction, repair, or installation required by this proposal shall be of the highest quality and meet recognized standards within the respective trades, crafts and of the skills employed. 2.7 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer shall unconditionally guarantee the materials and workmanship for one (1) year on all material and/or services. g within the guarantee period, any defects occur which are due to faulty material and or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the City of Tybee Island. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. is or mos 2.8 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the RFP as requested by the City, the proposer shall be liable for any injury, damage or loss occasioned by negligence of the proposer, his agent, or any person the proposer has designated to prepare the proposal and shall indemnify and hold harmless City of Tybee Island from any liability arising there from The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island 2.9 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next lowest bidder, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or bis surety) shall be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.10 Certification of Independent Price Determination: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. 2.11 Procurement Protests: Objections and protests to any portion of the procurement process or actions of the City of Tybee Island staff may be filed with the Purchasing Agent for review and resolution. The Code of the City of Tybee Island will control the protest. 2.12 Qualification of Business (Responsible Proposer): A responsible Bidder is defined as one who meets, or by the date of the bid acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required by the Scope of Work, specifications and plans_ These documents will be listed in the Special Conditions further on in this solicitation. City of Tybee Island has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. City of Tybee Island has the right to disqualify the bid of any bidder as being unresponsive or un -responsible whenever such bidder cannot document the ability to deliver the requested product or service. 2.13 Insurance Provisions, General: The selected bidder to whom the contract is awarded shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, 108 rep.esentatives, employees or subcontractors. The cost of such insurance shall be included in the proposal. a. General Information that shall appear on a Certificate of Insurance: i. Name of the Producer (proposer's insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this should be the Company or Parent of the firm the City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (This is to always include the City of Tybee Island). City of Tybee Island as an Additional Insured: The City of Tybee Island should also be named as an Additional Insured. b. Minimum Limits of Insurance to be maintained for the duration of the contract: Commercial General Liability: Provides protection a • ainst bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $1,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer's Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer's Liability coverage is usually included in Worker's Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker's Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker's Compensation limit. iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor's use of automobiles. Minimum limit $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage should be written on an Any Auto basis. c. Special Requirements: i. Extended Reporting Periods: The Contractor shall provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request shall be endorsed to state that it shall not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, retum receipt requested, has been given to the City of Tybee Island. 17 of 108 iv. Proof of Insurance: City of Tybee Island shall be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire team of the City of Tybee Island v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best's rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best's rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by the City of Tybee Island Mayor and Council. vii. Deductibles and Self -Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either the insurer shall reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, offices, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.14 Compliance with Specification - Terms and Conditions: The ITB, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Addendum, and/or any other pertinent documents form a part of the bid and by reference are made a part hereof. 2.15 Signed Bid Considered Offer: The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Bidder after such acceptance, City of Tybee Island may take such action as it deems appropriate, including legal action for damages or lack of required performance. 2.16 Notice to Proceed: The successful proposer shall not commence work under this ITB until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.17 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City of Tybee Island are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912- 472-5024 or City of Tybee Island's Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. Upon completion of the work or delivery of the products, the Contractor will provid%a 108 the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of Tybee Island have been paid in full. d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information. 2.18 Owner's Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right, and sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following. a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Bidder or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Bidder's past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Bidder's contract obligations. 2.19 Debarred or Suspended Subcontractors. CONTRACTOR shall not subcontract, and shall ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at httpsJ/www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor shall immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract 2.20 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer's staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your proposal to be rejected. 2.21 GEORGIA OPEN RECORDS ACT - The bids will become part of the City of Tybe19 of 108 Island's official files without any obligation on the City of Tybee Island's part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, shall belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law. It is the responsibility of the Bidder to notify the City of any documents turned over which may contain trade secrets or other confidential matters. A Bidder submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. 2.22 EORGIA TRADE SECRET ACT of 1990 - In the event a Proposer submits trade secret information to the City of Tybee Island; the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.23 CONTRACTOR RECORDS -The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 3 ADDITIONAL CONDITIONS 3.1 Method of Compensation: The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the CITY OF TYBEE ISLAND. The CITY OF TYBEE ISLAND shall make payments to the CONTRACTOR within thirty (30) days from the date of receipt of the CONTRACTOR's acceptable statement on forms prepared by the CONTRACTOR and approved by the CITY OF TYBEE ISLAND. Should the Project begin within any one month, the first invoice shall cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices shall be submitted each month until the Project is completed. Invoices shall be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice shall be accompanied by a summary progress report which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island shall retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained may be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed. 20 of 108 When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained may be further reduced at the discretion of the City of Tybee Island The CONTRACTOR may submit a final invoice to the City of Tybee Island for the remaining retainage upon CITY OF TYBEE ISLAND'S acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due shall be paid by the CITY OF TYBEE ISLAND to the CONTRACTOR when work has been fully completed and the contract fully performed, except for the responsibilities of the CONTRACTOR which survive final payment. The making of final payment shall constitute a waiver of all claims by City of Tybee Island except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the CITY OF TYBEE ISLAND as unsettled at the time of final application for payment. Acceptance of final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of final application for payment. 3.2 Surety Requirements and Bonds: A. Such Proposer shall post a "Bid" bond, certified check or money order made payable to the City of Tybee Island in the amount of 5% of the bid price. B. Contractor(s) shall be required at time of contract to post a payment and performance bond, certified check or money order made payable to the City of Tybee Island in the amount of 100% of the bid price if awarded the project. Such bond(s) are due prior to contract execution as a guarantee that goods meet specifications and will be delivered per contract. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors. C. Whenever a bond is provided, it shall be executed by a surety authorized to do business in the State of Georgia and approved by the City of Tybee Island. D. Contractor acknowledges that he/she shall forfeit the amount of the "Bid" Bond if he/she fails to enter into a contract with City of Tybee Island to do and/or furnish everything necessary to provide service and/or accomplish the work stated and/or specified in this ITB for the bid amount. 3.3 Warranty Requirements: a. Provisions of item 2.7 apply. b. Warranty required. See Contract Documents 3.4 Terms of Contract a. ONE TIME CONTRACT 35 Audits and Inspections: At any time during normal business hours and as often as the City of Tybee Island may deem necessary, the Contractor and bis subcontractors shall make available to the City and/or representatives of the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It shall also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited shall be available for inspection at all reasonable times in the main offices of the City of Tybee Island or at the offices ofthe Contractor as requested by the City of Tybee Island. zm or roe 3.6 Method of Compensation: The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the CITY OF TYBEE ISLAND. The CITY OF TYBEE ISLAND shall make payments to the CONTRACTOR within thirty (30) days from the date of receipt of the CONTRACTOR's acceptable statement on forms prepared by the CONTRACTOR and approved by the CITY OF TYBEE ISLAND. Should the Project begin within any one month, the first invoice shall cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices shall be submitted each month until the Project is completed. Invoices shall be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice shall be accompanied by a summary progress report which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island shall retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained may be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed. When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained may be further reduced at the discretion of the City of Tybee island The CONTRACTOR may submit a final invoice to the City of Tybee Island for the remaining retainage upon CITY OF TYBEE ISLAND'S acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due shall be paid by the CITY OF TYBEE ISLAND to the CONTRACTOR when work has been fully completed and the contract fully performed, except for the responsibilities of the CONTRACTOR which survive final payment. The making of final payment shall constitute a waiver of all claims by City of Tybee Island except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the CITY OF TYBEE ISLAND as unsettled at the time offinal application for payment. Acceptance of final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of final application for payment. 22 of 108 ITB NO. 2018-720 ADDENDUM NO. 3 12-18-18 DUNE REMEDIATION DUE: THURSDAY, JANUARY 3, 2019 by 10:OOam CITY OF TYBEE ISLAND, GEORGIA The date that sealed bids must be received by has changed: Sealed Bids must be received by 10:OOam local time, on Thursday, January 3, 2019. The City of Tybee Island reserves the right to reject any or all bids. 23 of 108 I18 NO. 2018-720 ADDENDUM NO. 4 12-18-18 DUNE REMEDIATION DUE: THURSDAY, JANUARY 3, 2019 by 10:OOam CITY OF TYBEE ISLAND, GEORGIA New specifics in bold: 3.0 SAND FILL MATERIAL —QA/QC The 51l material to be placed at the work area shall be clean relatively dry sand from a sand source acceptable to the OWNER, free of debris, gravel, rocks, clay balls, vegetation, peat or other organics, oil, pollutants and any other non -beach -compatible materials. Only beach quality sand suitable for sea turtle nesting, successful incubation and hatchling emergence shall be used on the project site. Fill material must be comparable in both coloration and grain size. Fill material shall not contain on average, greater than 10% fines (ie silt and clay; passing through a #200 sieve) and shall not contain on average greater than 5% coarse gravel or cobbles (retained by a #4 sieve). The sand shall be similar to the existing dune sediments in color and texture and to the sand sample submitted by the CONTRACTOR forpurposes of pre -qualification prior to the submittal of Bid The standard for sediment composition is as follows: Sediment Composition- The sediment composition of Georgia beaches is generally fine-grained silica sand (>90%) with very little fragmented shell. Shell content should remain below 15% of total volume. Sediment composition may be determined using the Loss on ignition (LOI) or acid digestion method to quantify the sample weight percent organic matter and carbonate content. If acid digestion is being used, we recommend using the basic methodology described in Twenhofel, W.H. and Tyler, S.A., 1941, Methods of Study of Sediments. New York: McGraw-Hill, 183 p. The ASTM standard for carbonate testing (D 4373-02) should not be followed, as it requires the pulverizing and splitting of samples to obtain a one -gram sample. Pulverizing and splitting of beach sands introduces unnecessary error into the testing. 24 of 108 INVITATION TO BID ITB NO. 2018-720 DUNE REMEDIATION DUE: THURSDAY, DECEMBER 20, 2018 by 10:OOam PRE-BID MEETING: WEDNESDAY, DECEMBER 5, 2018 at 10:OOam CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM SHIRLEY SESSIONS WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN MONTY PARKS DOCUMENT CHECK LIST The following documents are contained in and made a part of this bid package or are required to be submitted with the bid. It is the responsibility of the bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION GENERAL INFORMATION AND INSTRUCTIONS WITH ATTACHMENTS SPECIAL CONDITIONS SURETY REQUIREMENTS SPECIFICATIONS ATTACHMENTS: A. CONTRACTOR AFFIDAVIT; B. SUBCONTRACTOR AFFIDAVIT; C. SAVE AFFIDAVIT; D. W-9/VENDOR INFORMATION; E. PROPOSAL SHEET; F. CHECKLIST SEPARATE ATTACHMENT: EXHIBIT A — SITE DEVELOPMENT PLAN Date: 11-20-18 BID NO. 2018-720 GENERAL INFORMATION FOR INVITATION TO BID This is an Invitation to Bid to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as "Owner") with services or equipment as indicated herein. A pre-bid meeting will be held on Wednesday, December 5, at 10:OOam in the City Hall auditorium. 403 Butler Ave, Tybee Island, Ga. Sealed Bids must be received by 10:O0am local time, on Thursday, December 20, 2018. The City of Tybee Island reserves the right to reject any or all bids. 25 of 108 SPECIFICATIONS AND BID REQUIREMENTS The City of Tybee Island, GA is seeking bids from qualified firms for the reconstruction of sand dunes on South Beach between the Tybee Pier and 19th St. crossover. The project will consist of placement of approx. 20,000 cubic yards of beach quality sand, obtained from an upland source, to be placed in three (3) identified area on the beach. During the bid process, the bidder shall be responsible for obtaining certification of an acceptable sand source in accordance with the procedure outlined in the technical specifications. This project does not include any plantings, placement of sand fencing, reconstruction of dune crossovers or promenade work as described in the permits included herein. All work shall be in accordance with the project contract documents and permits. The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this invitation to bid All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received. The City retains the right to use any or all ideas presented in any bid to the invitation to bid, whether amended or not. Selection or rejection of the bid does not affect this right. Submission Requirements: One original, one duplicate, and one electronic copy (USB flash drive) must be submitted in a sealed opaque envelope, plainly marked with the bid number and title, date and time of bid opening, and company name to the office of the above address prior to the time specified. Include the bid sheet, and all required attachments, which can be found at the end of this document. No vendor will be allowed to submit more than one (1) bit Mail or hand deliver bid to: BID NUMBER 2018-720 DUNE REMEDIATION MELISSA FREEMAN 403 BUTLER AVE PO BOX 2749 TYBEE ISLAND, GA. 31328 Inquiries or other need for clarification in this document should be submitted no later than December 12, 2018. All questions & sand samples to: Alan Robertson 403 Butler Ave. Tybee Island, GA 31328 (847) 525-5040 arobertson(a)cityoftybee.org 28 of 108 METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive, and responsible bidder. Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and conditions of this invitation to bid. Signature of bidder indicates that bidder understands and will comply with attached terms and conditions and all other specifications made a part of this invitation for bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. WAIVER: The City of Tybee Island reserves the right to reject any or all bids received. The City reserves the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City. CONE OF SILENCE: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Invitation to Bid (1113) or Request for Proposal (RFP) or contract by any member of a proposer's staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your bid to be rejected. Limitations A. This Invitation does not commit the City to the award of a contract or to pay any costs incurred in the preparation for a response to this ITB. B. The City may or may not require the prospective bidder to participate in negotiations and to submit additional technical information or other revisions to their bid as may result from the negotiations. C. The City reserves the right to reject any or all bids, to waive informalities, to request additional information, and to award a contract deemed most advantageous for the City. SOUTH BEACH DUNE REMEDIATION PROJECT TECHNICAL REQUIREMENTS SECTION 1: GENERAL 10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK 1.1 The CONTRACTOR shall commence activities under thi s contract (a) within 7 days of a Notice—To--Proceed (b) prosecute the work diligently, and (c) complete the entire work ready for use within 30 days of the commencement of construction at 27 of 108 rTh South Beach between the Tybee Pier and 19th St. dune crossover. 12 The CONTRACTOR shall not commence site work at South Beach prior to February 1, 2019. 13 The CONTRACTOR shall be complete with all sand placement and sculpting by no later than March 1, 2019. 2.0 PRE—CONSTRUCTION MEETING 2.1 Prior to initiating actual construction, the CONTRACTOR shall attend a Pre— Construction Meeting to discuss technical, administrative, and regulatory permitting aspects of the work. The meeting will be held at Town Hall. At that meeting, the CONTRACTOR shall present to the OWNER and the ENGINEER the anticipated schedule, equipment, an acknowledgment of the required traffic route, the method oflruck staging and hours of daily work, and other information regarding themethodsbywhichthe work shall be accomplished. 3.0 PERMITS 3.1 The CONTRACTOR shall be responsible for obtaining any applicable state or local permits for the work. The City requires that a firm will need to register as a Contractor on Tybee at a cost of $20.00 and fill out both the E Verification and SAVE paperwork required by the State of Georgia. The OWNER shall obtain all environmental permits for the fill placement required along the affected shoreline length. By acceptance of the Contract, the CONTRACTOR agrees to abide by all applicable Conditions of the Environmental Permits 3.2 The CONTRACTOR shall maintain at the work site at all times — and make available for inspection upon verbal request of the OWNER, ENGINEER, or authorized public officials — all related permit documents issued by the regulatory agencies in regard to the work. 4.0 SUBMITTALS 4.1 Equipment. At, or prior to the Pre—Construction Conference, the CONTRACTOR shall submit to the ENGINEER a list of equipment and their respective haul capacities (in cubic yards) which are anticipated to be used for the project. For each truck, an identifying number shall be listed by which the truck can be readily identified in the field. The haul capacity shall be determined by the CON _ENACTOR for each truck. The ENGINEER reserves the right to verify a truck's capacity. The CONTRACTOR shall submit to the ENGINEER the identifying number and haul capacity of equipment (not submitted on the initial list) prior to the use of those trucks for the work 28 of 108 4.2 Contact List. At or prior to the Pre -Construction Conference, the CONTRACTOR and ENGINEER shall provide to one another a list of pertinent project personnel and their telephone, telefax, and other numbers by which the personnel can be reached for purposes ofnotification and other matters discussed in these specifications. 4.3 Daily Reports. The CONTRACTOR shall submit to the ENGINEER (by email) or to the City's site representative (in person) a Daily Report for each day during which site work is undertaken. This estimate shall include load counts for each truck in use, location of filling, etc. 4.4 Materials. Transmit each material submittal with Engineer accepted form. Each transmittal shall be sequentially numbered. Any revised submittals chall bear the original number and a sequential alphabetic suffix. All material submittals shall be far enough in advance of scheduled dates for installation to provide all required time for reviews, for securing necessary approvals, for possible revision and resubmittal and for placing orders and securing deliver. For each submittal for review, allow ten (10) days excluding delivery time to and from the Contractor. 4.5 Samples. Samples for review shall be submitted to ENGINEER and OWNER for review and conformance with information given in specifications and design as specified in the contract documents. Each sample shall include identification, including full product information. 5.0 SITE ACCESS, WORK AREA, AND STORAGE AREAS 5.1 Access Locations. The single site access location available to the CONTRACTOR is indicated on the drawings. Procurement of additional access routes shall be obtained by and at the expense of the CONTRACTOR and with written consent of the ENGINEER. At no time shall the CONTRACTOR access the fill area, by vehicle or pedestrian traffic, through private property unless specific written authorization is obtained from the property OWNER, by the CONTRACTOR, expressly for that purpose. 5.2 Truck Route. The mute of travel for all trucks shall be on 19th St. from Butler Ave. 5.3 Truck Staging. Staging should be along 19th St. Flagmen, if necessary, shall be provided by CONTRACTOR. Stock piling of material shall be on the beach at the end of 10 St. Coordination with City personnel and local law enforcement will be necessary to ensure adequate safety precautions are implemented during truck queueing. Contractor shall not impede access to any commercial or 29otms residential structure. 5.4 Access/Road Preparation. The access point at 19th St. has been equipped with Guardian Retention Systems PERMASHIELD sand bags. Any damage to the existing systems shall be repaired by the CONTRACTOR at no additional cost to the OWNER. Live trees shall not be cut without the express consent of the OWNER. 5.5 Storage Areas. The preferred location for storage of equipment adjacent the work area will be designated by the OWNER Pedestrian access shall not be impeded by equipment storage. Construction equipment stored at the work area or access sites shall be done so at the CONTRACTOR's risk. 5.6 Lighting. Lighting of the beach is prohibited except as may be specifically authorized in writing by the OWNER. 5.7 Work Area. The CONTRACTOR will be permitted to exclude the public for safety purposes from the work areas in the immediate vicinity of placement, grading, and fill transport operations. 5.8 Stockpile. The beach area located seaward of the permanent vegetation line northward of the City of Tybee Island Treatment Plant may be used for equipment staging and temporary sand stockpiling. Any material stockpiled for eventual transport to the fill site shall be located well landward of the daily influence of waves and tides. 6.0 PERMISSIBLE WORK DAYS AND HOURS 6.1 Construction activities shall be in accordance with City of Tybee Island Construction Regulations. Hours of operation shall be between 7:OOAM and 8:OOPM weekdays. Work on weekends shall be between 10:00 AM and 8:00 PM. 7.0 NOTIFICATION 7.1 The CONTRACTOR shall notify the ENGINEER and OWNER of the CONTRACTOR's intended date of commencement of the site work at least four (4) calendar days in advance of the work's commencement. 7.2 The CONTRACTOR shall notify the ENGINEER and OWNER if a temporary, voluntary suspension of work is anticipated. Such notice shall be given by not later than 12:00 noon of the workday preceding the anticipated suspension of work. This requirement does not pertain to temporary work suspensions which may be necessary because of unanticipated adverse weather conditions. 30 01108 7.3 After a temporary suspension of work, the CONTRACTOR shall notify the ENGINEER and OWNER ofhis intent to re—initiate site work by at least 12:00 noon ofthe day preceding the anticipated start of work. 7.4 The ENGINEER or OVVNER shall notify the CONTRACTOR ofany observed non— compliance with the drawings and specifications, and/or with applicable federal, state or local laws, regulations or project permits, promptly upon discovery. The CONTRACTOR shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the CONTRACTOR or his authorized representative, shall be deemed sufficient for the purpose. If the CONTRACTOR fails or refused to comply promptly, the ENGINEER or OWNER may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim by the CONTRACTOR for extension of time or for excess costs or damages unless it is later determined that the CONTRACTOR was in compliance. 8.0 PHYSICAL DATA The construction drawings are believed to accurately represent average conditions existent at the time of the survey indicated in the drawings. The CONTRACTOR is responsible forvisiting the work site prior to preparing his bid in order to develop his own understanding of the physical site conditions, the influences of the tides, and for verifying the conditions shown in the drawings prior to construction. 9.0 MOBILIZATION/DEMOBILIZATION/SITE PREPARATION A direct payment for the cost of mobilization, demobilization and site preparation is included in this contract. All costs associated with site preparation, before and after construction shall be included in Bid Item No. 1, Mobilization/Demobilization/Site Preparation. 10.0 SITE CLEAN—UP 10.1 It is the intent of the OWNER that the work be accomplished with minimum disturbance to the natural resources adjacent to the work area (specifically, the existing upland vegetation), and that the immediate and general vicinity of the work area remain in its pm—project state subsequent to completion of the work. All materials utilized by the CONTRACTOR during construction shall be removed from the site; including survey stakes, flagging and other temporary survey controls; and excluding permanent survey monuments and those materials installed in accordance with the drawings and specifications. 10.2 Should the CONTRACTOR during the progress of the work, lose, dump, throw overboard, sink, or misplace any material (including sand) or equipment which in 31 of 108 the opinion of the ENGINEER may be considered unaesthetic, environmentally deleterious, or dangerous to the public, the CONTRACTOR shall recover and remove same with the utmost dispatch. 10.3 The CONTRACTOR shall inspect the work areas at the end of every workday to ensure that all debris left by the CONTRACTOR; and subcontractor's workers has been removed from the work areas and properly disposed of. This includes, for example, lunch bags, soda cans, drink cups, etc. 11.0 SUBCONTRACTORS Full compliance with the provisions of all Contract Documents by subcontractors shall be the responsibility of the CONTRACTOR. 12.0 ACCIDENT PREVENTION The CONTRACTOR shall prosecute all aspects of the work in a manner so as to minimize potential risks to the safety, health and welfare of the personnel employed in the work, adjacent property OWNERs and the public. The CONTRACTOR and all subcontractors shall comply with all applicable federal, state and local laws concerning health and safety; and shall likewise comply with all applicable provisions of the U.S. Army Corps ofEngineers "Safety and Health Requirements Manual" (EM -3895-1-1). 13.0 PAYMENT 13.1 Measurement for Payment shall be as described in the following Sections. Direct payment for the work described in the present Section will be made in accordance with the Bid item described as Mobilization/Demobilization/Site Preparation. All costs associated with the work described in the present Section shall be included in Bid Item No. 1. SECTION 2: DUNE RECONSTRUCTION 1.0 SCOPE The work described in this section consists of furnishing all labor, equipment, supplies and materials, and of performing all operations and surveys in connection with purchase, transport, placement and grading of beach—compatible sand in accordance with the drawings and these specifications. 2.0 PAYMENT 32 of 108 2.1 Payment for the materials and work specified in this section, and all appropriate costs in connection therewith or incidental thereto, shall be included in the contract unit price for the Bid Item for sand placement. 2.2 Modification of Sand Fill quantities. The OWNER reserves the right to modify the total quantity of sand fill specified in the Bid Item "Sand Fill" (hereafter referred to as the "bid volume") by as much as 25%. The total contract sum will continue to be based upon the unit price submitted with the Base Bid 2.3 Measurement for Payment. Payment for in-place sand fill shall be made on the basis of the quantity of sand placed in accordance with the project design and as determined bytruck count and by measurements performed by the OWNER. Truck count data shall be reported in the CONTRACTOR's daily reports for purposes of providing an informal accounting of progress made. The CONTRACTOR shall provide load tickets issued at the sand source which properly identify each truck loaded, the time of day and other features necessary to assure an accurate count of trucks delivering dry sand to the project site. The OWNER shall retain the option ofproviding an independent count and inspecting loads for excessive moisture. The conversion from cubic yards to tons for sand purchased from a pre -qualified commercial sand source shall be 1.5. That is to say, 1,000 cy of sand shall equate to 1,500 tons delivered (placed and accepted) — if the product is purchased by the ton at the source. 3.0 SAND FILL MATERIAL —QA/QC 3.1 The fill material to be placed at the work area shall be clean relatively dry sand, from a sand source acceptable to the OWNER, free of debris, gravel, rocks, clay balls, vegetation, peat or other organics, oil, pollutants and any other non -beach - compatible materials. Only beach quality sand suitable for sea turtle nesting, successful incubation and hatchling emergence shall be used on the project site. Fill material must be comparable in both coloration and grain size. Fill material shall not contain on average, greater than 10% fines (ie silt and clay; passing through a #200 sieve) and shall not contain on average greater than 5% coarse gravel or cobbles (retained by a #4 sieve). The sand shall be similar to the existing dune sediments in color and texture and to the sand sample submitted by the CONTRACTOR for purposes of pre -qualification prior to the submittal of Bid 3.2 Any fill material determined by the ENGINEER or the OWNER to be in non- compliance with these specifications, or otherwise non -beach compatible, shall be rejected and promptly removed and disposed of by the CONTRACTOR at no expense to the OWNER Burial of such material within the dune feature is specifically and strictly prohibited. Credit shall be given to the OWNER for all non -beach compatible material removed by the CONTRACTOR.. 33 of 108 3.3 CONTRACTOR shall submit sand samples to the City of Tybee for coordination and acceptance with GA DNR prior to submittals of bids. Contractor shall allow 10 days for certification of sand samples. 4.0 TRANSPORT 4.1 The method of transporting the fill material from the sand source directly to the dune enhancement area shall be by truck. Temporary stock piling of sand and redistribution by means of alternative equipment is allowable. Stockpiling must occur within the designated staging area at the end of 19`s Street. 4.2 The CONTRACTOR shall provide and maintain barricades, warning signals and flagmen if required by federal, state or local regulations. Any costs associated with this requirement shall be included in the total project cost, and shall not be specifically reimbursed. 4.3 Any damages to private or public property resulting from the CONTRACTOR's operations shall be repaired by the CONTRACTOR at his expense. 4.4 All existing stairs, overwalks and similar beach access shorelines shall be protected from direct fill placement and impact by construction equipment. Backfilling around, or up to such structures, shall be performed by appropriate construction equipment, or by hand, as required to prevent damage. The CONTRACTOR shall provide sufficient flagging and stakes necessary to define the upland limits of filling which will be determined by the ENGINEER and/or the OWNER. Flagging shall be maintained throughout the duration of the project and shall not be removed without the permission of the ENGINEER or OWNER at the time of Final Acceptance. 4.5 Removal of existing dune crossovers as specified in the construction plans shall be included in the bid item described as Mobilization/Demobilization/Site Preparation_ 5.0 WORK AREA PREPARATION Prior to construction of the sand berm, the CONTRACTOR shall remove from the fill area all sand fencing, snags, driftwood, Christmas trees, and similar debris lying adjacent to or within the foundation limits of the proposed dune. Sand fencing materials which could be reused by the OWNER shall be rolled up and neatly placed or stacked on in staging area near the end of 19t St. All other materials removed shall be disposed of in permitted offsite areas provided by and at the expense of the CONTRACTOR Such materials shall not be disposed of in the vegetated areas or dunes landward of the fill area unless specifically allowed by the OWNER Existing salt tolerant vegetation within the 34 of 108 designated limits of the fill berm (only) or waterward thereof may be buried by the CONTRACTOR during dune construction. 6.0 PLACEMENT 6.1 GeneraL The sand fill shall be placed in accordance with the lines and elevations indicated on the drawings unless otherwise directed by the ENGINEER in the field. The ENGINEER reserves the right to modify the lines and elevations in response to changes in site conditions or contract quantities. 6.2 Distribution of Fill Material. The total volume of fill material, as indicated on the drawings, shall be distributed in the specified fill density along the duneline. The intent of this specification is to ensure that the entirety of the project length is filled with sand, in accordance with the lines and sand volumes indicated in the drawings. 6.3 Misplaced Material. Fill sand which is lost in transit or deposited into areas beyond the specified limits of fill shall be removed at the CONTRACTOR's expense if so directed by the OWNER or ENGINEER. 6.4 Tolerances. Alongshore Distribution. As specified above, the CONTRACTOR shall distribute the placed fill volume more or less in proportion to the density of fill required by the Owner, so as to ensure that placement of the total specified volume within the fill area shall result in a dune which is in general conformance to the lines and grades along the entirety of the fill area, as indicated in the drawings. The height of the dune constructed, and density of fill placed (cy/ft) will vary throughout the limits of work. 6.5 Final Grading. At the time of determination by the ENGINEER that the requisite design volume has been placed, the CONTRACTOR shall at the ENGINEER's request, perform a final grading or "shaping" of the dune such that it is suitable for the planting of salt tolerant vegetation by a landscape firm. The intent of the final grading is to ensure that the dune configuration is in general compliance with the project design, prior to demobilization from the site by the CONTRACTOR. Acceptance of the final grading must be performed by the ENGINEER or OWNER prior to demobilization by the CONTRACTOR SECTION 3: ENVIRONMENTAL PROTECTION 35 of 108 1.0 SCOPE The work covered by this section consists of firmishing all labor, materials and equipment and performing all work required for the prevention of environmental pollution or degradation during and as the result of construction operations under this Contract except for those measures set forth in other Technical Provisions of these specifications. 2.0 PAYMENT 2.1 General. No separate or direct payment will be made for the items covered by this Section of the specifications, and all costs thereof shall be considered incident to and included in the total contract price. 3.0 IMPLEMENTATION 3.1 Applicable Regulations. In order to prevent, and to provide for abatement and control of, any environmental pollution, or endangered species impacts, arising from the construction activities of the CONTRACTOR and his subcontractors in the performance of this Contract, the CONTRACTOR shall comply with all applicable federal, state, and local laws, and regulations concerning environmental pollution control and abatement, as well as the specific requirements stated elsewhere in these specifications and applicable State and Federal Permits. Requirements specified herein shall not supersede those specified in the applicable State and Federal Permits, except in those cases where the former are more stringent than the latter. 3.2 Meeting. Prior to commencement of the work the CONTRACTOR will meet with the ENGINEER and OWNER to develop mutual understandings relative to compliance with this provision and any applicable Permits. 4.0 PROTECTION OF LAND RESOURCES 4.1 General. It is intended that the land (including salt tolerant beach vegetation) and water resources associated with South Beach be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. Insofar as possible, the CONTRACTOR shall confine his construction activities to the dune areas defined bythe plans and specifications. 4.2 Location ofConstruction andStorageFacilities. TheCONTRACTOR's field offices, and/or staging area shall be designated by the OWNER. 4.3 Disposal of Waste. Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall 36 of 108 be conducted to prevent contamination. The CONTRACTOR shall transport all solid waste off the properties within the project limits and dispose of it in compliance with federal, state, and local requirements for solid waste disposal. Discarded materials other than those which can be handled in the solid waste category will be handled as directed by the ENGINEER. 5.0 NOISE CONTROL All hauling equipment and associated machinery used on this work shall be equipped with satisfactory mufflers or other noise abatement devices. The use of horns, bells or the use ofwhistle signals shall be held to the minimum necessaryin orderto ensure as safe and as quiet an operation as possible. The CONTRACTOR shall conduct his operations so as to comply with all federal, state, and local laws pertaining to noise. 6.0 MARINE TURTLE PROTECTION 6.1 After 1 September, the CONTRACTOR will be required to abide by and implement all safeguards, reporting criteria, lighting requirements, and other measures required by State and Federal permits to protect turtle nesting and hatchlings within the project limits of work during the entire period of construction. A turtle monitoring and nest marking program will be implemented by the OWNER as required by permit conditions for the proposed work site. The CONTRACTOR shall be required to avoid impacting any marked nests located within the limits of the work area. 6.2 Beginning May 15th, daily early morning surveys of the beach (work) area shall be conducted for the purposes of identifying marine turtle nests. Beginning 1 September, construction operations ma y not commence on an y portion of the beach until after the survey and any nest relocation (as required) is completed along that portion of the beach. Surveys of marine turtle nesting activity shall be conducted by personnel designated by the OWNER, at the OWNER's expense. 7.0 BIRD PROTECTION 7.1 The Contractor shall refer to any Terms and Conditions included within both the Permits and the USF&WS consultation which specifically address certain provisions intended to minimize impact to various types of birds potentially encountered within the work area. 7.2 The Contractor shall coordinate, as required, with any firm or individual performing bird monitoring within the area of interest for the duration of the entirety of the Contract. Such bird monitoring shall be performed by the City pursuant to the USF&WS consultation. 7.3 The Contractor shall coordinate, as required, with any firm or individual 37 of 108 performing bird monitoring within the area of interest for the duration of the entirety of the Contract. Such ongoing monitoring may be being performed by the City, the USACOE, the GaDNR or others. 8.0 TEMPORARY SANITARY FACILITY 8.1 The CONTRACTOR shall supply and maintain, as a minimum, one (1) temporary sanitary facility for the use of land-based employees and subcontractors. A facility shall be conveniently located in the vicinity of the operations. Each facility shall be serviced regularly and removed at the end of the project. 1. INSTRUCTIONS TO BIDDERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All ITBs are govemed by the Code of the City of Tybee Island, Georgia, 15- 2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. 1.1 How to Prepare Bids: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Typewritten or completed with pen and ink, signed by the business owner or authorized representative, with all erasures or conations initialed and dated by the official signing the bid sheet. ALL SIGNATURE SPACES MUST BE SIGNED. Bidders are encouraged to review carefully all provisions and attachments of this document prior to submission. Each bid constitutes an offer and may not be withdrawn except as provided herein. 1.2 How to Submit RFPs: a. One original, one duplicate copy and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the bid number and title, date and time of bid opening, and company name. b. Include all requested documents. c. Include a copy of the responder's current business license. d. All bids should be mailed or hand delivered in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Mailing Address and Hand Delivery: City of Tybee Island, ATTN Melissa Freeman, PO Box 2749, 403 Butler Avenue, Tybee Island, Georgia 31328. BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED OR CONSIDERED. 38 of 108 1.3 How to Submit an Objection: Objections from bidders shall be brought to the attention of the City of Tybee Island Purchasing Agent in the following manner. a. Bidders shall either present their oral objections at that time or submit their written objections at least two (2) days prior to the scheduled pre-bid conference. b. The objections contemplated may pertain to form and/or substance of the bid documents. Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this ITB. 1.4 Errors in ITBs: Proposers or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposal(s). Failure to do so will be at the Bidder's own risk. 13 Standards for Acceptance of RFP for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the Proposal of a Proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to puLfviut the contract. 1.6 Proposer: Whenever the term "bidder" is used it shall encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island. 1.7 Responsible / Responsive proposer: Responsible bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive bidder means a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in the ITB. 1.8 Compliance with Laws: The bidder and/or contractor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island shall be supplementary to this section and not in substitution thereof. 1.9 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 1.10 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 1.11 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work 39 of 108 must sign an affidavit that he/she has used the E -Verify System. E -Verify is a no -cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E -Verity Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.doLstate.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E -Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain `public benefits" are legally present in the United States. Contracts with the City are considered "public benefits." Therefore, the successful proposer will be required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package but is only required of the successful proposer. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2 GENERAL CONDITIONS 2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the proposer but shall put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these specifications. 2.2 Multiple Bids: No vendor will be allowed to submit more than one (1) bid. 23 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.4 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in his proposal will be firm for acceptance for a period of sixty (60) days from bid opening date, unless otherwise stated in the ITB. 2.5 Completeness: All information required by the ITB must be completed and submitted to constitute a proper bid. 40 of 108 2.6 Quality: All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality, and of the highest standard of workmanship. Workmanship employed in any construction, repair, or installation required by this proposal shall be of the highest quality and meet recognized standards within the respective trades, crafts and of the skills employed. 2.7 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer shall unconditionally guarantee the materials and workmanship for one (1) year on all material and/or services. if within the guarantee period, any defects occur which are due to faulty material and or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the City of Tybee Island. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.8 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the RFP as requested by the City, the proposer shall be liable for any injury, damage or Loss occasioned by negligence of the proposer, his agent, or any person the proposer has designated to prepare the proposal and shall indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island. 2.9 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next lowest bidder, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or his surety) shall be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.10 Certification of Independent Price Determination: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. 2.11 Procurement Protests: Objections and protests to any portion of the procurement 41 of 108 process or actions of the City of Tybee Island staff may be filed with the Purchasing Agent for review and resolution. The Code of the City of Tybee Island will control the protest. 2.12 Qualification of Business (Responsible Proposer): A responsible Bidder is defined as one who meets, or by the date of the bid acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required by the Scope of Work, specifications and plans. These documents will be listed in the Special Conditions further on in this solicitation. City of Tybee Island has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. 2.13 City of Tybee Island has the right to disqualify the bid of any bidder as being unresponsive or un -responsible whenever such bidder cannot document the ability to deliver the requested product or service. Insurance Provisions, General: The selected bidder to whom the contract is awarded shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the proposal. a. General Information that shall appear on a Certificate of Insurance: i. Name of the Producer (proposer's insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this should be the Company or Parent of the firm the City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (This is to always include the City of Tybee Island). City of Tybee Island as an Additional Insured: The City of Tybee Island should also be named as an Additional Insured b. Minimum J.imits of Insurance to be maintained for the duration of the contract: Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $1,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer's Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer's Liability coverage is usually included in Worker's Compensation policies, and 42 of 108 insures common law claims of injured employees made in lieu of or in addition to a Worker's Compensation claim Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker's Compensation limit. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor's use of automobiles. Minimum limit: $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage should be written on an Any Auto basis. c. Special Requirements: i. Extended Reporting Periods: The Contractor shall provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request shall be endorsed to state that it shall not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail return receipt requested, has been given to the City of Tybee Island iv. Proof of Insurance: City of Tybee Island shall be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island. v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best's rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best's rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by the City of Tybee Island Mayor and Council. vii. Deductibles and Set%Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either the insurer shall reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.14 Compliance with Specification - Terms and Conditions: The 118, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Addendum, and/or any other pertinent documents fonn a part of the bid and 43 of 108 by reference are made a part hereof. 2.15 Signed Bid Considered Offer: The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Bidder after such acceptance, City of Tybee Island may take such action as it deems appropriate, including legal action for damages or lack of required performance. 2.16 Notice to Proceed: The successful proposer shall not commence work under this ITB until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.17 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City of Tybee Island are specified in the contract document. a Questions regarding payment may be directed to the Accounting Department at 912- 472-5024 or City of Tybee Island's Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. Upon completion of the work or delivery of the products, the Contractor will provide the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of Tybee Island have been paid in full. d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of' Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656- 4065 for additional information. 2.18 Owner's Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right, and sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following: a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Bidder or principals have been terminated for cause or are currently in 44 of 108 default on a public works contract c. Whether the Bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Bidder's past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Bidder's contract obligations. 2.19 Debarred or Suspended Subcontractors. CONTRACTOR shall not subcontract, and shall ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor shall immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.20 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer's staff or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your proposal to be rejected. 2.21 GEORGIA OPEN RECORDS ACT - The bids will become part of the City of Tybee Island's official files without any obligation on the City of Tybee Island's part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, shall belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law. It is the responsibility of the Bidder to notify the City of any documents turned over which may contain trade secrets or other confidential matters. A Bidder submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia 2.22 GEORGIA TRADE SECRET ACT of 1990 - In the event a Proposer submits trade secret information to the City of Tybee Island; the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 45 of 108 2.23 CONTRACTOR RECORDS -The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 3 ADDITIONAL CONDITIONS 3.1 Method of Compensation: The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the CITY OF TYBEE ISLAND. The CITY OF TYBEE ISLAND shall make payments to the CONTRACTOR within thirty (30) days from the date of receipt of the CONTRACTOR's acceptable statement on forms prepared by the CONTRACTOR and approved by the CITY OF TYBEE ISLAND. Should the Project begin within any one month, the first invoice shall cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices shall be submitted each month until the Project is completed. Invoices shall be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice shall be accompanied by a summary progress report which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island shall retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained may be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained may be further reduced at the discretion of the City of Tybee Island. The CONTRACTOR may submit a final invoice to the City of Tybee Island for the remaining retainage upon CITY OF TYBEE ISLAND'S acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due shall be paid by the CITY OF TYBEE ISLAND to the CONTRACTOR when work has been fully completed and the contract fully performed, except for the responsibilities of the CONTRACTOR which survive final payment. The making of final payment shall constitute a waiver of all claims by City of Tybee Island except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of 46 of 108 the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the CITY OF TYBEE ISLAND as unsettled at the time of final application for payment. Acceptance of final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of final application for payment. 3.2 Surety Requirements and Bonds: A. Such Proposer shall post a "Bid" bond, certified check or money order made payable to the City of Tybee Island in the amount of 5% of the bid price. B. Contractor(s) shall be required at time of contract to post a payment and performance bond, certified check or money order made payable to the City of Tybee Island in the amount of 100% of the bid price if awarded the project. Such bond(s) are due prior to contract execution as a guarantee that goods meet specifications and will be delivered per contract. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors. C. Whenever a bond is provided, it shall be executed by a surety authorized to do business in the State of Georgia and approved by the City of Tybee Lsland. D. Contractor acknowledges that he/she shall forfeit the amount of the "Bid" Bond if he/she fails to enter into a contract with City of Tybee Island to do and/or furnish everything necessary to provide service and/or accomplish the work stated and/or specified in this ITB for the bid amount. 33 Warranty Requirements: a. Provisions of item 2.7 apply. b. Warranty required. See Contract Documents 3.4 Terms of Contract: a. ONE TIME CONTRACT 3.5 Audits and Inspections: At any time during normal business hours and as often as the City of Tybee Island may deem necessary, the Contractor and his subcontractors shall make available to the City and/or representatives of the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract h shall also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited shall be available for inspection at all reasonable times in the main offices of the City of Tybee Island or at the offices of the Contractor as requested by the City of Tybee Island_ 3.6 Method of Compensation: The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the Project as authorized by the approved Project Compensation Schedule 47 of 108 and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the CITY OF TYBEE ISLAND. The CITY OF TYBEE ISLAND shall make payments to the CONTRACTOR within thirty (30) days from the date of receipt of the CONTRACTOR's acceptable statement on forms prepared by the CONTRACTOR and approved by the CITY OF TYBEE ISLAND. Should the Project begin within any one month, the first invoice shall cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices shall be submitted each month until the Project is completed. Invoices shall be itemized to reflect actual expenses for each individual task- also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice shall be accompanied by a summary progress report which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The teens of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island shall retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained may be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained may be further reduced at the discretion of the City of Tybee Island The CONTRACTOR may submit a final invoice to the City of Tybee Island for the remaining retainage upon CITY OF TYBEE ISLAND'S acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due shall be paid by the CITY OF TYBEE ISLAND to the CONTRACTOR when work has been fully completed and the contract fully performed, except for the responsibilities of the CONTRACTOR which survive final payment. The making of final payment shall constitute a waiver of all claims by City of Tybee Island except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the CITY OF TYBEE ISLAND as unsettled at the time of final application for payment. Acceptance of final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of final application for payment. 48 of 108 City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) "Purchase Order" or "Order" means this purchase order. (b) "Buyer" means The City of Tybee Island. (c) "Seller" or "Vendor" means the party furnishing the supplies under this order. (d) "Supplies" means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof, and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) "Loss" means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer's act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer's delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller's failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer's option be rejected and returned to Seller at Seller's expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller's sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller's 49 of 108 responsibility until goods have been delivered to Buyer's designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer's delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller's expense, or (2) reject and retum such supplies or other deliverable items at Seller's expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, without Buyer's written consent. Nothing in this order shall be seen as prohibiting Seller's purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. 50 of 108 TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer's sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller's reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer 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; (2) any other Loss caused by or resulting from the acts or omissions of Seller, 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 Seller; (5) any defective products or materials provided by Seller, 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 Seller of any express or implied warranties. If Seller's work hereunder involves operations by Seller's agents, subcontractors, suppliers or employees on Buyer's premises or any place where Buyer conducts operations, Seller 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, Seller shall indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller's agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee's liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION, WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent peuuitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bid documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all 51 of 108 actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding, any other provision hereof , this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Agent. The protest shall be made to the purchasing office having responsibility for initiating the solicitation. The protest must be submitted in writing within 7 calendar days after knowledge of the facts and occurrences giving rise to the protest. The protest chalk: include the name and address of the protestant; include the solicitation number, contain a statement of the grounds for protest; and specify the ruling requested from the purchasing office. Awards will be held at bay until the protests are resolved. PAYMENT The bidder shall specify terms of payment. INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following minimum coverage: Comprehensive General Liability Automobile Public Liability $1,000,000.00 $1,000,000.00 Workman's Compensation Insurance equal to the statutory requirements. TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will be provided with the invoice at the time of payment, if requested. TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of violations by the successful bidder of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiency. 52 of 108 CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET The Bidder certifies that he/she has examined all documents contained in this Bid package, and understands fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid shall not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Bid, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this document or, B. Enter a contract with City of Tybee Island to do and/or fiunish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this document for the bid amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER Ciy of Tybee Island has established goals to increase paflk pation of minority and female owned buses. Inorder toaccurately document partiupaliou,biSwssessubmitting proposals orproposals are strongly encouraged to report ovnasbip status. A amity/ woman business is defined as a business with 51% or greater minority of women ownership or gmaal management please check ownership stabs as applicable: African-AmerxanlBleck Adan American ITspanic Native American Abskan Indian Female 53 of 108 ATTACHMENT A CONTRACTOR AWDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TINS THE DAY OF 20 NOTARY PUBLIC My Commission Expires: 54 of 108 ATTACHMENT B SUBCONTRACTOR AP'PIDAVIT under O.C.G.A. § 13-10-91(6)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub -subcontractor that has contracted with a sub -subcontractor to forward, within five (5) business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _ DAY OF , 201 . NOTARY PUBLIC My Commission Expires: 55 of 108 ATTACHMENT C O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city), (state). Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE _ DAY OF , 20 NOTARY PUBLIC My Commission Expires: 56 of 108 ATTACHMENT D Form W-9 (Rev. October 2004) Drpmtmerrt« Vas Treasury Internal Noone Sots I Request for Taxpayer Identification Number and Certification requester. Do not I Give fans to the send to the IRS. m a co a c&rskuesc c 0 ro a 'Si ..as ,. '`, 'fir .E o. a 4- 0 ct CO li es Nome (351390.tod in JDW inMme 2tlt repHn% namo.'d difkrerd leas above Check aAaopdate PanrxneNp ONer ► ❑ wl& o�� backup box: • Sda propae� ElCorporation• • hddress eavrtor, street and apt or sere m} nep.mmte"s name and address dWran$ CdY, siaia, and ZIP code ust account mmiberts/Sere (optional/ $ J Taxpayer Identification Number (11N) Enter your TIN in the appropriate box. Ther 11N provided must match the name given on line 1 to avoid backup 3 ithholdng. For hndiwduaks this is your social security number (SSN). However, for a resident alien, sole propriekr, or disregarded entity, see the Part I ins[nwdions on page 3. For other ent fes, it is your employer idenescation number (6td). If you do not have a number. see How to get a TNN on page 3. Note. If the account is in more than one name, ae the chart on page 4 for guidelines on whose number to enter. Par Certification Social security numberI 1 1 3 1 1 or 11-111111 Under penalties of pe ury,1 certify that 1. The number shown on this form is my correct la: payer identification number (or 1 am wailing for a number to be issued to me), and 2. 1 an not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) 1 have not been noted by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dNide ds, or (c) the IRS has notified me that f am no longer subject to backup withholding, and 3. 1 am a U.S. person Including a U.S. resident alien). Cert cation insauclions. You must cross out item 2 above if you have been notified by the IRS thatyou are cimenty subject to backup wthholdlg because you have failed to report al interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an in6vidtal retirement arrangement (IRA), and generally, payments other than interest and dividend,. you are not requaed to sign the Certification, but you must provide your correct TIN. (See the instructions on page 44 Sign Here Signature of V.S. person ► Date P. What products/services do you provide to the City of Tybee Island: To whom shall we direct the Purchase Order? Contact: Email: Phone# Fax# Location: To whom shall we direct Payment? NR Contact: Email: Phone# Fax# Remittance Address: Our terms are Net 30. 57 of 108 ATTACHMENT E BID FORM DUNE REMEDIATION 2018-720 CITY OF TYBEE ISLAND SOUTH BEACH DUNE REMEDIATION - TYBEE PIER TO 19TH ST. CHATHAM COUNTY, GEORGIA BID FORM Item No. Description Quan*y Units Unit Price Total 1 Mobilization/Demobilization/Site Prep. 1 1.5 2 Sand Fill 20,000 CY Construction Total 58 of 108 ATTACHMENT F CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with BID NOTE: All of the following items must be submitted with your BID to be considered "responsive". Remember to follow the Instructions in the BID Documents. 1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET 2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued). 3. BID SHEETS COMPLETELY FILLED OUT AND SIGNED. 5. COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID (Attachments A -F). NAME/TILE COMPANY NAME ADDRESS CITY/STATE/ZIP PHONE NUMBER EMAIL 59 of 108 NCINICHVGa 3141C1 NOV39141.110SCHVISI338LL O3001661 El i l 0 J W N 2 bl 2 IOC REVISION HISTORY SUBMITTAL HISTO Z 0 0 W ZLU J Z < i— 0 Q N Z Q V Z Cr) � M LU OH P Q U U Ow ^o Q Lnu- Q w LN $oo o3 Om J wwOZ LU H a0°- > T w >- I- LLI— Val m -' W 0 V) 0 z Q J W W CO OCTOBER 9, 2018 J-27503.0000 PREPARED BY: 40 Ito I- 0 I I— Camstili• 4910S NO11flH SVNOFi1 9310N lV!131139 a. NOWP3011D3PWd NO111/1031138 311 d K3V3B HMOS owls, mean WHIM 338A1 a AM ILIOTZLIVILIPMSISKIMMIn 0061=16 • SOOIEV9 yea. Ana auto p 40•105 NOl111HsvY N:OHS 1 SNOLUONO3 IOV39 sMAsua NOaW31110 143030 HMOS (0111151 330A1 O1nsl 336AL AO ASO wzruciimpaacunniwn 4100u.W PIDdR NO11flH svwmu .L 11130, - Ntlld NOW/103fld 3110 11011111.151713; 311110 113138 MOOS 01If191339A3 NNW a 40110 r O WET "'a' 11 ; , -r SI MEP AU NOLLfH„ svw'oru 1 3 93119 - Nrla NULL/1 313M 3191a NOaW18Y138 Yap Home HIOOS 1311WN1338x1 MIMS 11171 aNr79133NA140 Ala N 0 V 3.3..3>...i r . L 9 F € -....._- ;iii .0 r i N- r 1 anion sou i r. na __ FT- -I Iv- -'t F € -....._- ;iii .0 r i N- r 1 anion sou i r. auk_I POMP 1111 4. NOILIH SVI•4014.1. £ V381/ - Nnd N011V1aWJ 3110 NYNf¢913M 3 H3100 H OOS OKHI 336A1 OV10330A1 d0 AID 0 I i 1 1i 1i f eye I i 1 4 1 f eye A- -1 } , a� iria.1—.._., + 11 lT . . � '- ._...ry 1 f A- -1 J , I_ I inn swam. + lT . . � '- ._...ry f A- -1 1 { THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we A.D. Williams Construction Co., Inc. 4125 Ogeechee Rd. Savannah, GA 31405 as Principal, hereinafter called the Principal, and Ohio Casualty Insurance Company, 175 Berkeley Street, Boston, MA 02116 a corporation duly organized under the laws of the State of NH, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Tybee Island, GA as Obligee, hereinafter called the Obligee, in the sum of Five (5) Percent of Bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for the South Beach Dune Restoration NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of December, 2018. Onuarefriaufbara_ &Ytness) { A.D. Williams Construction Co.; Inc, (Seat) fes'^ (Surety) Mlle (Witness) 1 (Trtle AT:`OT iVEr - iN - MCI SA. i6 -s ti4isai AIA DOCUMENT A310 • BID BOND • AIA® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W. WASHINGTON. D.C. 20006 Sterling Seacrest Partners 1001 Whitaker Street Savannah, GA 31401 912-544-1909 , 66 of 108 c m =o 15 E Um O> mm r c Ore 0 G a a 0 CO 0)rut Ec Em out c > O ZU Liberty Mutual.. SURETY This Power ofAttorney Omits Ike acts oft hose named herein, and they haven authority to bind the Company except in the manner midis) the extant herein deed. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No 8197953.016172 KNOWN ALL PERSONS BY THESE PRESENTS That The poo Casualty Insurance Company is a corporation may organized under the taws of Stam of Nat Hampshire, tat Liberty Mutual Insurance Canpayis a saturation duly aga ized under the laws dam Swed litasathusetts, and West Antillean insurance Cartpanyisa mpeatim Adyagaizod under the lam of the State of Indiana (herein mlledvely called the 'Co paries", pursuant to and by authority herein ser nth, does hereby none, constitute and appoint Pad It Baker, John H. Earl; William H. Griffin; Misty L. Haig; W. Wesley Hamilton, Jr.; Pamela K. Hays; Debra Johnson; Margaret S. Mayas; John W. Miler, H; Richard W. Naylor, David E. Paddisom Brian Peary; Nick W. Poles; E AndersonPlullips; James R -Ramsay; Douglas L. Rieder; Charles W. Sella; S. Lynn Sabath; Cynthia L. Trickey; Cart R. Wise at ofthe alyof Atlanta stated GA each iciwomty ttere berme tan one named, llshue and lawful asmeyat-bctbmake, remade, seat acknaebdge and deliver, for and m is behalf as surety ed asps ad and deed, any and oro w delal®tgs, bora vac grdzam s and ober surety obligations, in pursuance d Mese presents and sed be as Wag upon the Companies as dthey have been Ally signed by the president and attested by the secretary dine Companies b their am proper persons err WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or cNda of the Companies and the corporate seals of to Companies have been affixed thereto this 13th day of November , 2018 . Slate oPENNSYLVANIA Canty dMONTGOIERY ss ' On tis 1311 day of November, 2018 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual InsuranceCompany, Ter Ohio Casually Company, ad West American Insurance Company, and tlurt he, as such, being authorized so to do, execute the keeping instrument for the purposes therein contend by signing on behalf dthe corporatism by himself as a duly authorized officer. It WITNESS WHEREOF, I have hereunto subscnbed my nane and ellxed my notarial seal at King of Most, Pennsylvania, an the day aid year wanner retell David M Carey, AssiskmtSeaetay WIaWMmELM OF PINESYLIffilia Notarial Seal Team Paseo. May Public tuppvwanTwp. Mordgaterry oawry My Commission Ex$es giant Maki lamb= P ws1ta tmkmalMat By:T iLIV erase Pasta Notary Public This Power of Marey is made and executed pursed to and by authority of to broaeg Byisrs and Authorizations of The Ohio Casually Insurance Camay, Italy Muhal Insurance Company, and West American Insurance Company Wide rsdudasare nay is full force and effect reaingas follows: ARTICLE IV -OFFICERS Saba' 12. Power ofAttorney. My officer or other dfida Of the Caporalbn authorized for that peptise in wriffng by the C hemmn or the President, and subject to such limitation as the Charman a the President may prescribe, shag appoint such attorneys -in -fact, as may be necessary to ad in behalf of the Corporation to man, execute, seat admowledge and deliver as surety any and all undeaalings, bonds, reoognizanes and ether surly obligations. Such attorneys -in -fare subbed to the Rattans set forth in tear respe five powers of attorney, slag have het power b bad the Capaakm by tae signature end execution of any such inammaib and to attach thereto to sea of the Corpaa&L Ntien so executed, such instruments stmt be as Nixing as II signed byte Presided and attested to by the Seaary. Any pacer or au hefty graded to any representative a amnm$i-fact under the provisions dads arida may he revoked a any fume bythe Board, Ire Chairman, the President or bythe officer orclfioasgrating such ponaorautaty. ARTICLE Xln-Execution of Contracts: Sectio' 5. Surety Bonds and Undertakings. My officer etas Company authorized forma purpose in writing bytes chairman or the president and abject to such hnistas as the chat man or the president may presaibe, steal appoint sure amnmys-in-ted, as may be necessary to act in behalf of the Company to make, execute, seal. adusrMedge and dater as surety any and at udafaldngs boas, receg nares and other surety caption Such alaneyshHnt subject to the bran set forth in their respeck a powers d Ganey, shat have fill para to tied the Company by their signature and execution of any such newels aid to attach teen to awl ofthe Company. When so executed such instruments real be as binding as d signed byte presided and attested by ger secretary. Certificate of Designation -The President oily Company, stag pursuant to the Bylaws dthe Company, aAa¢es David M Carey, Assistant Seadaybappontsuch attorneys -in - tut as may be necessary to act az behat ofthe Company to make, emcee, seal, adm wledge and deer as surety any and all undaslmigs, bonds, recogi¢aga and oto surety obligation. • Authorization -By unanimous consent of Ire Compares Board of Directors, the Cwg'ary consents that facsimile or mechanically reproduced signabreofany assistant secretary ofthe Company, wherever appearing upon a certified copy Bary parer dattorney issued byte Company in mmectaa with surety bonds, sed be vredSd hinting upon to Company with the same brae and elect as trough manually ataed. I, Renee C. Liawayn, the undersigned, Assistant Se aetay, The Ohio Casualty Insurance Company, Italy Minna Insurance Ccagwsy, and West Manan Insurance Company do hereby csbTythat the minimal power of attorney ofwhich the foregoing isa het, tum and correct copy ofthe Power of Attorney executed bysad Caapiaiise, is in her face and effect and has net been revoked. W TESTIMONY WHEREOF, Maya hereunto set my hand and abed the seas of said Companies this 20th day of December :=`2114$ 1115-12273 tIOC OCIC WAIC %IWO Co 062018 By: Renee C. UewelyrtAstitml Seaelay .- -. 67 of 108 CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET The Bidder certifies that he/she bas examined all documents contained in this Bid package, and nnderstauds fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid shall not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Bid, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this document or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this document for the bid amount, and; 415 _ (Ai''IG4..n4 &1rhourdrr.. Cheraw" D'ic.. �, 6us.} a8 all COMPANY DATE Pecomeierzel- NA�> TITLE a`� Coo r r TELEPHONE NUMBER Qty of Tybee Island bas eked goals to increase participation of minority and Bale owned teases. Inostler toaamatelydostpardon,businesses submitting proposals ori are strongly encouraged to report mama* status. A minority/ woman badness is defined as a business with 51% orgreater minority ofwomen owncrshiporgeneral management Please cheek owncrship stains as apptirable: AS n-Amerirnn\Black Asian Amok= Han Native American Alaskan Ian Female Page 29 of 35 68 of 108 ATTACHMENT A CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.GA § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ca% l-7 as J c Federal Work Authorization User Identification Number Apr; l 301 3010 Date of Authorization /41). isa;Wigs.* Cd»stemajanrkn• Name of Contractor Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on -9,n , a , 201^-1 in, (city), 42. (state). ``� 'L Sfgnature� of (7 Authorized 1 icerroor Agent C . AAP; s Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE2111)AY OF , 20ff. NOTARY PUBLIC My Commission Expires: dO . a(olaol' ``,1111rrdr� �.• pV 1 D S/Y4'. 2?O pSARy•Gy"� EysiR_S " 2$ GEORGIA : Oct 26. 2079 Page 30of35 69 of 108 ATTACHMENT B SUBCONTRACTOR AFFIDAVIT ander O.C.G.A. § 13-10-91(6)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with A -h WillttlNlj i ATTACHMENT B SUBCONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(3) By exccuting this affidavit, the undersigned subcontractor verifies its compliance with O.C_G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with AD WilliarnS Const Co. (name of contractor) on behalf of CITY OF TYREE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C_G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.GA. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub -subcontractor that has contracted with a sub -subcontractor to forward, within five (5) business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 40133 / 579650 Federal Work Authorization User Identification Number 7/9/2012 Date of Authorization The McGraley Company. LLC Name of Subcontractor South Beach Dune Remediation Project Name of Project City of Tybee Island Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on January , 2 , 2019 in Springfield (city), GA (state). - Signature of Authorized Officer or Agent Nicole Rahn - Owner Printed Name and Title of Authorized Officer or Agent CRIBED AND S RN BEFORE ME ON THIS THE 2 DAY OF January 2019 . NOTARY PUBLIC `s}+t�� pt0ERR,,, ?Q4 t*Pled My Commission Expires: ZT l� — 7n . 3: t tat'. v g :y,g y _ n. .... Page 20 of 24 s . 9*N 71 of 108 ATTACHMENT C O.C.GS § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) a rfs9r„c f -inn contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one .of the following with respect to my application for a publics benefit 1) ® I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The�^secure and verifiable document provided with this affidavit can best be classified as: S Gi k` ,ii�✓s d In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed inSG.f/0rir b (city), %ear (state).4ern r - of lieannt� tint t.60, -Th a,c- Printed NtEme of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ds4DAY OF ,"3„0—„...‘ , 20 Imo) NOTARY PUBLIC My Commission Expires: ocivier ace, brae sic, pit u l j��,.��TAR y •.'Cis. a EXPIRES Z -t GEORGIA Oct 26.2019 P \Gala - YA C ' O .` . testi sa Page 32 of 35 72 of 108 73 of 108 ATTACHMENT D ram W'9 e � wpwaaw e I Request for Taxpayer identification Number and Certification Give form to the requester. Do not Send seto the IRS. Print or typo See Specific MaMapllons on page 2. Hama CBS reported on your Incase me ran* •.y ' a < Business r nor, m altered from t% Check appropriate Weida Ogler b.❑ �dop bac •Sckck feoaiab �YrRebmanna9 . Rebmry III esmxldag Address ambos sheat andapt or suite no.) 1((a6 o echew goes Renssebfe awns aadaeareas (wean* abr. ad, and 2lP 'e, ?P -trig Iaf.J.-. ant mato*h, • a r , I Taxpayer Identification Number (rim Enter your TIN in the date bat ThellN provided must matchthe name given onlime 1 tie avoid bacititpWiMbokklg. FOr this is eke, sole proprietor. or titeregerded *Ay. sere osoda security renter no page otherSSN). Hanover, for =Went , is Yowemployar idenlifloa§on nmbm Ighl it you do not have a number, see Now to geta 71IN on page a. Social seati@y number 11114111 Note.If the account as in more dean one name, see the chats, page 4kr g en whose number g ithete-160,1 _ to mite: CertificationI$'-l14ISlt (SISI] tinder penalties of pwjnsy,1 awry that 1. The rumbereharm on this form le my coned sapayjr'itiettiflcation somber (or I ern wailing for anumber- to be Issued to me), and 2. 1 am nam subject tobachp wimlwkxng became (4 tam exempt from hookup wnht oldig, or(ilt hessact been notdwd by the h.tem,al notfied �ologers tor! withholdinbackup g, mwidaaewh dFafaretc report all htaestmdiv'Wanda. or (c)tla.xlS nes 3. 1 an a-0.3. pawn fitelialg a U.& resident atom). CatificaHom.inehmedons. You must cross out hen2 above 8you have been muted by *BIM that you areavrenty hada*,s subject to hato wfhhoidFg becaseymtbaefe_leitt report al kdastand dividends on yotrMUM. urn. Por reaF eMe"m taeatians, keen 2 dors not apply. Fw modgage interstpeid, errithertdorenant c seamed property, cancelon, of debt, wnmhimmnf to am hndviduel retirement am^gsmem ORAN and payment's oxwr than interest And dividends, you are not required in Signer* CmG'wtiae, and yen oust provide Yourcorrect TIN. (Seo the tsWegmns on page 4.) Sign simmers et Here uaperson►, %✓d= What pioducts/services do you provide to the Oty of Tybee Island: non P. Teruo," 131 c2015 To wham shall we direct the Purchase Oat& Contact:SeiS Wilicnt Email:acilachnt 03P.. fe//soo4s.»64- Phonetht9) --23 e -Con Fax#ral979-7097 Location: 9' ?S puchee r.tn.�ti t'.eh.':a 71405 To whom shall we divert Payment? NR Cordact: ,1oAttnr, laiieiw,s F_rnail:a J urine -one, he<llsa.t43 .0e4- Pflones&s'a) 93(o - (por7 Fax#f ./ 994-.7057 Remittance Address: efla. f Sc.r..nneJ, t 4%eors;: ,. 3IGnS Our terms are Net 30. Page 33 of 35 74 of 108 ATTACHMENT E BID FORM DUNE REMEDIATION 2018-720 CITY OF TYBEE ISLAND SOUTH BEACH DUNE REMEDIATION - TYKE PIER TO 11711ST. CHATHAM COUNTY, GEORGIA BID FORM Dem No. Desolation Quantity UM* Unit Price Total 1 Mobittation/Demobitzation/5de Prep. 1 IS 4/q 6,44. m',Pt. 447 S . as 2 SandFlR20.000 CY 5c3gi:aR F(ant COO. OC Constructor %etosC 99, cap,.e We acknowledge the following addendums: Addendum #1 Dated: December 5, 2018 Addendum #2 Dated: December 6, 2018 Addendum #3 Dated: December 18, 2018 Addendum' #4 Dated: December 18, 2018 75 of 108 ATTACHMENT F CHECKLIST FOR SUBMITTING BID Skin below and submit this sheet with BID NOTE: All of the following items must be submitted with your BID to be considered "responsive". Remember to follow the Instructions in the BID Documents. 1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET 2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued). 3. BID SHEETS COMPLETELY FILLED OUT AND SIGNED. 5. COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID (Attachments A -F). isitill cr,s NM/W./ME Tks,tiskvi- Sonivt A. b. W#Otcons ereteuttWorn &o hp,.o.y COMPANY NAME 41a5 d9a2cs,Ae ''mss' ADDRESS se.✓c...sat, Geb.S, t PVo c CITY/STATE/ZIP /Q l l 1?) c9scn — ten PHONE NUMBER acfwehr:s c2IJ J/5Oaf6.reit- EMAIL Page 35 of 35 76 of 108 PERCENT FINER Particle Size Distribution Report o A S. S.- - Opening Size Percent Finer 000 0 IS 2 00•• 3/4" 100.0 1 1 1 1 1 1/2" i 1 1 1 1 1 i 1 1 1 1 3/8" 100.0 1 1 1 • 11 1 1 ; 1 11 1 1 1 1 1 1 1 1 *20 95.6 #40 742 90 283 1 1 1 I 7.1 1 1 1 1 1; 1 1 1 1 2.6 1 1 4 , 1 1 , 1 1111 1 1 1 1 80 1 1 1 I1 1 1 1 1 1 1 1 1 1 1 70 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 60 50 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 40 7 1 1 1 1 11 1 1 11 1 1 1 1 1 1 1 1 301 1 1 1 1 1 1 1 1 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 III 1 1 1 1 1 1 1 . 10 7 1111111 1 1 1 1 7 1 1 11 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 11 1 j 100 10 0.1 o.01 dram GRAIN SIZE - mm. %Gravel % Sand %:Ave Coarse Fine Como Medium Fine Sut Clay 0.0 0.0 0.0 0.4 25.4 71.6 2.6 TEST RESULTS Opening Size Percent Finer Spec" (Percent) Pass? »@Fait) 3/4" 100.0 1/2" 100.0 3/8" 100.0 44 100.0 #10 99.6 *20 95.6 #40 742 1160 283 *100 7.1 0200 2.6 (no specification ponied) Location: Stockpile -Tyke Island Sample Number E81151021.0017 Material Descriotion I0Y Diagram - Value 7/2 - Very Pale Brown Medium -Fine Sand PL= NP Atterbera Limits (ASTM D 4318) LL= NV P1 - Classincadon SP- AASHrO (AA 145)= A-3 Coefficients Due 0.5148 D30= 0.2556 Cu= 2.10 USCS (D 2487» Dgp= 05948 DOd-- 0.3210 -Dir 0.1704 Memorial Natural Moisture Si% No shells found in sample DKr 0.3575 D15= 0.1973 CC 1-07 Date Received: 12/11/18 Date Tested: 12/13/18 Tested By: BLU Checked By: BLH Title: Soil Lab Date Sampled: 12/11/18 lierraco niProkect No: E8151021 Client: The McGraley Company Project Borrow Pit Testing 77 of 108 TWO PHYSICAL SAND SAMPLES PROVIDED TO CITY OF TYBEE ISLAND AT PREBID MEETING ON WEDNESDAY DECEMBER 5TH 2018 MUNSELL® SOIL COLOR CHART 10YR w 35/ COLOR TEST RESULTS INDICATE VALUE OF 7/2 SOIL COLOR 4/ iii /2 - /3 /4 /6 CHROMA--� 78 of 108 Transmittal Letter December 14, 2018 A.D. Williams Construction Company Inc. 4125 Ogeediee Road Savannah, Georgia 31405 Phone: (912) 236-6077 Fax: (912) 236-7052 To: Georgia Department of Natural Resources Attention: Re: Job Number: Mark Dodd South Beach Dune Remediation Project, Tybee Island, Georgia SUB -001 1 12/13/18 Beach Sand Testing Results gip ' b4- ->..'R4.'�a_ fir' -, 3; g rt ...n Q`.� �'- C"�xl-: Eby x Attached 0 ,_ Under Separate Cover via: [Type text here] the following: ❑ Shop Drawings 0 Contracts 0 Plans 0 Testing Report ❑ Copy of Letter 0 Change Order LRS Sample 0 Total Quantity 0 Reproducible 0 Specification SUB -001 1 12/13/18 Beach Sand Testing Results 79of108 t WE E:'4$p _j YE ,i� a }des +. :yam. i' For Approval For Your Use As Requested 0 0 0 Approved as Submitted 0 Resubmit copies for approval Approved as Noted 0 Submit [#] copies for distribution Returned for Corrections 0 Return [#] corrected prints • ❑ • For Review. and Comment FOR BIDS DUE: 0 Revise and Resubmit/Work May Not Proceed 0 PRINTS RETURNED AFTER LOAN ❑ f �4u 'x��C€ Kr M$�? u.�Yn Signature 79of108 RE: Tybee Island - South Beach Dune Remediation Project - Submittal 001 - McGraley Company Sand Testing Results 2018_12_14 From: Dodd, Mark (Mark.Dodd@dnrga.gov) To: roberthatch@themcgraleyco.com; arobenson@cityoftybee.org Cc: nicolerahn@themcgraieyco.com; jasonrahn@themcgraleyco.com; adwchris@bellsouth.net; Deb.Barreiro@dnr.ga.gov Date: Friday, December 14, 2018 03:20 PM EST Hi AII, The sand samples meet the requirements for sand grain size and color. The results indicate that there were no shells found in the sample. Was that as a result of an acid test or visual inspection? An acid test is required for this volume of sand. Thanks. Mark Mark Dodd Senior Millie Biologist Wildlife Conservation Wildlife Resources Division (912) 280-66921M: (912) 506-7260 Facebook • Twitter • Instaaram Buy a hunting or fishing license today! A division of the GEORGIA DEPARTMENT OF NATURAL RESOURCES From: roberthatch@themcgraleyco.com <roberthatch@themcgraleyco.com> Sent: Friday, December 14, 20181:03 PM To: Dodd, Mark <MartDodd@dnr.ga.gov>; arobertson@cityoftybee.org Cc: nicolerahn@themcgraleyco.com;jasonrahn@themcgraleyco.com Subject: Tybee Island - South Beach Dune Remediation Project - Submittal 001 - McGraley Company Sand Testing Results 2018_12_14 CAUTION: This email originated from outside of the organization. Do not click (inks or open attachments unless you recognize the sender and know the content is safe. 80 of 108 Mark/Alan, Please find attached submittal detailing the beach sand, quality control testing results for the proposed material to be provided by The McGraley Company for the Tybee Island South Beach Dune Remediation Project - ITB NO. 2018-720. Feel free to let me know if you have any questions. Best Regards, Robert Hatch The McGraley Company, LLC Direct 843.452.0220 roberthatchtta themcoralevco.com NOTICE - This communication may contain confidential and privileged i nfom lion that is for the sole use of the intended recipient Any viewing. copying or distribution of, or reliance on this message by unintended recipients is strictly prohibded. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 81 of 108 Best Regards, Robert Hatch 82 of 108 The McGraley Company, LLC Direct 843.452.0220 roberthatchOthemcgralevco. com TELE V ,. Y CO. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended redolent. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 83 of 108 "� GEORGIA OuasaNraNMU ALFalw s COASTAL RESOURCES DIVISION ONE OONSm,IION WAI • BRUNSWICK. GA 31581.912264.7118 GOPSTALGADNILORG MARX WILLIAMS DOUG HAYMANS COMMISSIONER DIRECTOR APR 112018 Shawn Gillen City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 RE: Shore Protection Act (SPA) Permit #460, Dime Restoration and Improvements to an Existing Pedestrian Promenade for South beach area, Atlantic Ocean, Tybee Island, Chatham County, Georgia Dear Mr. Gillen: The Shore Protection Committee considered and approved permit #460 referenced above under the Shore Protection Act O.C.G.A. §12-5-230 et. seq. The permit placard and permit conditions are attached to this letter. All decision documents, as well as all other plans, documents and materials submitted during the application process become terms of this permit and are now enforceable conditions. This letter and attachments are to be held by you for your files and for inspection by any authorized persons. The expiration date for the permit is five (5) years from the date of issuance. Permitted Project Description: The approved project consists of dune restoration, modification to existing DNR Approved Vehicular Access Points, and enhancement to an existing pedestrian promenade. The total jurisdictional impacts of the existing and proposed hardscape would be approximately 153,405 square feet (31%). Approximately 340,930 square feet (69%) of the State's jurisdictional area will be retained or improved to a more natural vegetated and topographic state. The dune restoration includes approximately 20,000 cubic yards of beach quality sand, obtained from an upland source, to be placed in three (3) identified areas on the beach, planting native vegetation, and installing sand fencing. a. Project Area 1 consists of approximately 43,475 square feet of beach front and will have approximately 11,000 cubic yards of sand added and sculpted into a dune field that would average approximately 811. in height. b. Project Area 2 consists of approximately 27,870 square feet of beach and will have appmximately 5,000 cubic yards of sand added and sculpted into a dune field that would average approximately 6ft. in height. 84 of 108 APR 112018 City- of Tyke Island SPA Permit #460 Ps_'e 2 of 3 c. Project Area 3 consists of approximately 1,500 square feet of beach and will have approximately 4,000 cubic yards of sand added and sculpted into a dune field that would average approximately 4ft. in height. The modification to the existing DNR -Approved Vehicular Access Points includes permanently closing the existing vehicular access point at 1 g16 Street and improving the existing vehicular access point at 19* Street. The improved vehicular access point at 19th Street will consist of subsurface stabilization that would be comprised of a series of Permashield sand bags filled with beach quality sand obtained from an upland source. The subsurface stabilized vehicular access design calls for the strategic placement of specially engineered sand bags filled with beach quality sand, an engineered fabric overlay within the travel corridor and native vegetation. The enhancements to the existing pedestrian promenade include improvements to the hardscape areas landward of the beach. Existing public amenities such as parking, sidewalks, seating, showers and restrooms will remain. New hardscape associated with the promenade total approximately 1,650 square feet of additional impervious surface. The additional impacts will create outdoor seating areas adjacent to the promenade. These seating areas will be at grade and available to the general public. The creation of outdoor shower areas, serviced by a shallow well, will impact approximately 400 square feet. Drainage from the public shower facilities will be directed to environmentally friendly rain gardens. Bike rack stations will be installed within existing impacted areas. All existing lights along the promenade will be replaced with turtle friendly lighting that meets City ofTybee Lighting Ordinance requirements. Standard and Special conditions apply to this permit Permit Placard: Enclosed is the permit placard to be posted at the work site (within 24 hours) for the duration of the construction activity. Post Construction tion Requirements: Compliance Certification and File Maintenance Also enclosed is a Certification of Compliance that must be submitted to us within 30 days following completion of the permitted activity. Please include this compliance form with the post -construction survey, if required under the special conditions. Department staff will assns compliance and provide you with a written verification of project completion and compliance. Conveyance of Ownership Interest: If you as the permit holder sell, lease, rent, or otherwise convey the land or any portion of the land for which the permit was issued, you must notify the Department within 30 days of this transfer or conveyance. The permit shall continue in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application. The Department will transfer the permit to the new owner with all of the original terms and conditions. 85 of 108 APR 112018 (itv of 14ixe bland SPA Prnnii 4360 Pari 3 of 3 We ask that you carefully read through this document and attachments and comply with the terms and conditions of this permit. Feel free to contact me if you need clarification of any of these conditions or for assistance with this project. Sincerely, Jill Andrews Chief Coastal Management Section Enclosures: SPC Permit #460 and Permit Conditions, Compliance Certificate, Permit Placard, Drawings, GADNR Sand Fencing Guidelines cc: Alan Robertson City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Thomas Angel Verdant Enterprises, LLC 3 West Henry Street Savannah, GA 31401 File: SPA20180002 86 of 108 MARK WILLIAMS COMMISSIONER GEORGIA DEMRDADITOF MURAL MINCES COASTAL RESOURCES DIVISION ONE CONSEINATION WAY •IRWISWIa GA 31520.9123647218 C OASTNGADNR006 Shore Protection Committee Permit #460 Final Conditions March 30, 2018 DOUG HAYMANS DIRECTOR City of Tybee Island Tybee Island, Georgia Project Description: The approved project consists of dune restoration, modification to existing DNR -Approved Vehicular Access Points, and enhancement to an existing pedestrian promenade. The total jurisdictional impacts of the existing and proposed hardscape would be approximately 153,405 square feet (31%). Approximately 340,930 square feet (69%) of the State's jurisdictional area will be retained or improved to a more natural vegetated and topographic state. The dune restoration includes approximately 20,000 cubic yards of beach quality sand, obtained from an upland source, to be placed in three (3) identified areas on the beach, planting native vegetation, and installing sand fencing. a. Project Area 1 consists of approximately 43,475 square feet of beach front and will have approximately 11,000 cubic yards of sand added and sculpted into a dune field that would average approximately 8ft in height. b. Project Area 2 consists ofapproxiinately 27,870 square feet of beach and will have approximately 5,000 cubic yards of sand added and sculpted into a dune field that would average approximately 6ft. in height. c. Project Area 3 consists of approximately 1,500 square feet of beach and will have approximately 4,000 cubic yards of sand added and sculpted into a dune field that would average approximately 411. in height. The modification to the existing DNR -Approved Vehicular Access Points includes permanently closing the existing vehicular access point at le Street and improving the existing vehicular access point at 10 Street The improved vehicular access point at 19th Street will consist of subsurface stabilization that would be comprised of a series of Perm:shield sand bags filled with beach quality sand obtained from an upland source. The subsurface stabilized vehicular access design calls for the strategic placement of specially engineered sand bags filled with beach quality sand, an engineered fabric overlay within the travel corridor and native vegetation. The enhancements to the existing pedestrian promenade include improvements to the hardscape areas landward of the beach. Existing public amenities such as parking, sidewalks, eating, showers and restrooms will remain. New hardscape associated with the promenade total 87 of 108 City of Tybee gland SPA 460 Page 2 of 3 approximately 1,650 square feet of additional impervious surface. The additional impacts will create outdoor seating areas adjacent to the promenade. These seating areas will be at grade and available to the general public. The creation of outdoor shower areas, serviced by a shallow well, will impact approximately 400 square feet. Drainage from the public shower facilities will be directed to environmentally friendly rain gardens. Bike rack stations will be installed within existing impacted areas. All existing lights along the promenade will be replaced with turtle friendly lighting that meets City of Tybee Li *bring Ordinance requirements. Standard and Special conditions apply to this permit. SHORE PROTECTION ACT O.C.G.A. 612-5-230 STANDARD PERMIT CONDITIONS 1. The project must comply, as applicable, for areas permitted herein, with all other Federal, State, and local statutes, ordinances, and regulations, and the applicant must obtain all licenses and permits prior to commencement of construction. 2. This permit does not resolve actual or potential disputes regarding ownership of or rights in or over the property upon which the subject project is proposed, and shall not be construed as recognizing or denying any such rights or interests. 3. All plans, documents, and materials contained in this permit application, required by the Shore Protection Act O.C.G.A. 12-5-230 et. seq. are a part of this permit and conformance to such plans, documents, and materials are a condition of this permit. No change or deviation from these plans, documents, and materials shall be permitted without prior notification and approval by the Department or Committee. 4. No further encroachment or construction shall take place within State jurisdiction, except as permitted by the Shore Protection Committee. Any modification of the plans or structure in the jurisdictional area must be reviewed and approved by the Department prior to construction. 5. A construction placard will be required to be obtained from the Department up to 30 days prior to the start of project construction and must be posted at the site. This placard will include certain steps in the construction of the permitted project that must be approved by the Department prior to construction. 6. The exact location and configuration of this project must be reviewed onsite and approved by Department staff immediately prior to beginning construction. Minor changes to the location may be allowed or required in areas that have eroded or accreted subsequent to the original jurisdictional determination. 7. No construction materials may be disposed of in the jurisdictional area of the Shore Protection Act. 8. Any incidental impacts associated with the construction of this project must be rectified by restoring areas to their pre -construction topographic and vegetative states. 9. The public shall maintain rights of ingress and egress on the foreshore beach area seaward of the ordinary high water mark. 10. If the permitted improvements are damaged, fall into disrepair, become dilapidated, are not meeting their expected usefulness, or are not maintained at a serviceable level, then it is the responsibility of the owner to remove the improvements. A new permit will be required to 88 of 108 City of Tybee Island SPA 460 Pate 3 of 3 retain and repair the structure, improvement or asset if it loses its structural integrity and is no longer serviceable. 11. The Shore Protection Committee is not bound in the future to protect any asset or improvements authorized by the permit 12. The permit must be posted onsite within twenty-four (24) hours of beginning construction. 13. A copy of the above conditions must be supplied to the person in charge of construction. SPECIAL CONDITIONS 1. Permitted dune restoration activities may not occur May 1 through October 31. 2. Only beach quality sand suitable for sea turtle nesting, successful incubation and hatchling emergence shall be used on the project site. Fill material must be comparable in both coloration and grain size. All fill material shall be free of construction debris, rocks, or other foreign matter and shall not contain on average, greater than 10% fines (i.e. silt and clay; passing through a #200 sieve) and shall not contain on average, greater than 5% coarse gravel or cobbles (retained by a #4 sieve). 3. A final landscape plan must be submitted to the Department for approval prior to installation. The plan shall consist of native species to be used in the dune restoration component of the project and native species used landward of the sand dunes in association with the enhancement of the promenade. Landscaped trees will not change the Shore Protection Area jurisdiction and must be noted as landscaped on the final landscape plan. 4. The native landscaping shall be irrigated and fertilized to establish the plants, but may not be trimmed or maintained in the future without appropriate approval from the Department or the Shore Protection Committee. 5. All sand fencing shall be designed and installed in accordance to the GADNR Sand Fencing Guidelines. 6. If GA DNR staff determines the Permashield bags at the 19"' Street vehicular access have failed or are not serving their intended purpose, the bags will be removed and the sand will be distributed in a manner that is consistent with the surrounding topography. 7. To protect marine turtle hatchlings, placement and use of exterior lighting on the subject parcel must be consistent with the Department of Natural Resourceb' Wildlife Resources Divisions sea turtle nesting guidelines as well as the lighting ordinance of the City of Tybee Island. 8. Permittee may be required to provide a post -construction survey that locates the proposed structure as indicated in the application materials. Such survey shall comply with the Georgia Plat Act, O.C.G.A. § 15-6-67 et seq. 9. The SPC has considered the particular geographic area and public considerations related to this permit and has determined an emergency exists per 12-5-239(k)(2). Only the dune restoration and modification to existing vehicle acc ss points are allowed to commence immediately. The permitted activities landward of the existing sand dunes are not approved to commence immediately. This component of the project must comply with 12-5-239(k)(1). 89 of 108 ^c �� a to Z a Q f 00 rat ed rti 04 0 ba cu v U' E. w c E -cgs f4 O -400c0 gis M O o, six 't td a 4 J :N o .: ;4' .- 0 U. =z f-' r 40 as to 're °f0. p <4 e) , 4-4 C14 �+ 0 1.4 U ch r per. a '" cv O ag.g. '2 1 g O is ,m.. C ) y O 0 + in �co F MARK WILLIAMS COMMISSIONER ee L.,AGEORGIA ER3ARIIaeifo NQUMERRRu n COASTAL RESOURCES DIVISION ONE CONURYAnoN WAY • BRIRISWLa, GA 3020.917 43218 COASTACGAtnotto CERTIFICATION OF COMPLIANCE FOR THE CONSTRUCTION AND MAINTENANCE OF PROJECTS PERMITTED UNDER THE SHORE PROTECTION ACT PERMITTEE: Name: City of Tybee Island City or Town: Tybee Island Island or Waterway: Atlantic Ocean County: Chatham Permit Number: SPA#460 DOUG HAYMANS DIRECTOR Within 30 days of completion of the activity authorized by this permit, sign this certification and return to the Marsh and Shore Management Programof the Coastal g Management Section at the address listed below. Please note that your permitted activity is subject to compliance inspections by DNR representatives before and after completion of the project. If you fail to comply with the permit terms and conditions it may be subject to suspension, modification, or revocation. Permittee Statement "I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit." Signature of Permittee: Date: 91 of 108 p\ eiAIli las O aeeAew esD viim Georgia Department of Natural Resources Sand Fence Guidelines 191GEORGIA 0EffilinlaITOFNEWALRE5011105 WILDLIFE RESOURCES DIVISION Sand fencing is used extensively along the Atlantic Coast to build and stabilize dunefields and control human access to the beach. Unfortunately, some sand fence configurations have been shown to restrict or inhibit sea turtle nesting. The ManagementPlan for the Protection of Nesting Loggerhead Sea Turtles and their Habitat in Georgia (H, B, 2, C) stipulates that 'fencing must be placed so as not to deter turtles' access to nesting areas, and arranged to prevent trapping nesting turtles'. The following sand fence guidelines are designed to provide good dune building and stabilization performance, while minimizing impacts to sea turtles. Standard sand fencing consists of 4' wooden slats wired together with spaces between the slats. Woven fabric type fencing has also been successfully used in dune restoration projects. However, it is important that fabric fencing have a 40% to 80% open to closed space ratio to be effective. Fabric fencing is susceptible to ultraviolet degradation causing it to sag and lose its original shape. With sufficient maintenance, this problem may be avoided. Guidelines for Sand Fence Placement 1. Installation and repositioning of sand fences shall be conducted outside the marine turtle nesting season (May 1 — October 15) unless approved by the USFWS or GADNR Nongame-Endangered Wildlife Program. 2. Sand fence shall be installed in a temporary manner in accordance with the attached conceptual drawing. Configuration 1 consists of 10 foot sections of fence spaced at a minimum of 10 feet on a diagonal alignment to the shoreline (facing the prevailing wind). Configuration 2 consists of two 10 foot sections placed in an "open V' shape with the wider end facing the shoreline. Minimum space between ends of the V is 10 feet, and minimum width between the close ends of the V is 7 feet. For both configurations, the approximate angle of the fence to the shoreline is 45 degrees. 3. Sand Fence shall not be placed in the inter -tidal zone. Sand Fence must be placed above the highest spring high tide line, preferably adjacent to the primary dune. 4. Sand Fence strati not be placed within 7' of a beach scarp. 5. Sand Fence shall not be placed in front of an existing fence until the existing fence is completely buried. 6. Sand fences shall not be placed to control pedestrian traffic seaward of the secondary dunes. A post and rope fence may be used to restrict pedestrian access without impacting nesting marine turtles. 7. 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LOC NO_o__Oa_mM 104 of 108 o LOC NOILtl3OL53M 3N00 ONtl1813fA1 105 of 108 m cc & Eso �f§ �.n o;c9_-§®, § # |;!/k.7! °E !!00. -mm,.... ) 28sso &� ! -) glr0 I!|: !&a ® t! ;2 w !a cs,,noc )\ \kk )\/ ( ) i o g 4r ) § re b§- S ! i; f7!: �K « ;-c«.Qa /§ oo o /cccc �� &• %§!■kikf=#!f e.;la§;30- O( k6q!!;f!§ 0- !0 !a.», q 2 )f ;!!_ U !a! a! !;°£� v.a 77 &O !:«;!§_S)lW.- /� |k7§�kk k§} -it !o : §;|;ou| LOC �Y4012111_aa_MAL 106of 108 t, � f�5/0 coe a4�o ej gJr 2� R°\ f 7 7 Pferionakt �. 2243-03020 ® g o 4—� / :b3 LOC NOUV1101$1113N110 CIPM1SI tirgi_ 4 APPROXIMATE PROJECT LIMIT: +/ 492,285 SF (=11 ACRES) APPROXIMATE PERVIOUS SURFACE (BEACH & DUNES): 340,930 SF (t7.5 ACRES, 68% OF TOTAL AREA) APPROXIMATE IMPERVIOUS SURFACE (PARKING LOT & PAVILION): 151,355 SF (•3.5 ACRES, 32% OF TOTAL AREA) DUNE RESTORATION & MAINTENANCE: DUNE 1: 43,475 SF ® 8' AVERAGE HEIGHT 4/- 22,000 TONS (+1-11,000 CUYDS) OF SAND DUNE 2: 27870 SF G 6' AVERAGE HEIGHT m 4/- 10,000 TONS (4/-5,000 CUYDS) OF SAND 0 a O 0 0 U 2 P- 8 au 0 0 rriv .yam ® Y 8 v� E W K Z z o N EXISTING SAND RETENTION STRUCTURES: 4/- 1,303 LF PROPOSED SAND RETENTION STRUCTURES: SINGLE UNE STRUCTURE: 4/. 1,975 LF OPEN LINE STRUCTURE (TURTLE FENCE): 4/. 1.780 LF PLANTING AND IRRIGATION (SAND STABILIZATION): 4/- 190,000 SF SUBSURFACE STABILIZATION (VEHICULAR ACCESS): 4 a 0 0 a LL K N O ca Z 0 0 N 5 W _.1 0 0LL > 00 2 M n Z in z =0 0 O 110 U a u 1 0� O 'WA z. • a a o� <0 R ®a O LC 1 lap UV, R. wO 4 Q> s as '?w °• w it Eo hss, is;I- xO y N '0 W o aj O W z 11 Fa • W -J 0 z 0z 20 0- O N 0 E. U 00 �� w wa z BLOC NOLLVMO153M 3Nna ONV751330u 108 of 108 CITY OF TYBEE ISLAND CONTRACTOR REGISTRATION CERTIFICATE A D WILLIAMS CONSTRUCTION CO JOANN C WILLIAMS 4125 OGEECHEE RD SAVANNAH GA 31405 Business Location: OFF-TYBEE Certificate #: 01838 Date Issued: 1/28/2019 9918 REGISTRATION - CONTRACTORS This Certificate must be displayed in a conspicuous place in your business establishment. Tybee Island City Hall must be notified of any change in status. This Certificate is Non -Transferable and is subject to being revoked if abused. This Certificate expires on 12/31/2019 George Shaw Assistant City Manager P.O. Box 2749.403 Butler Avenue • Tybee Island, Georgia 31328-2749 (912) 786-4573 • FAX (912) 786-5737 AIA® Document A312114- 2010 Performance Bond CONTRACTOR: (Name, legal status and address) A.D. Williams Construction Co., Inc. 4125 Ogeechee Road Savannah, GA 31405 OWNER: (Name, legal status and address) Tybee Island, GA 403 Butler Avenue Tybee Island, GA 31328 CONSTRUCTION CONTRACT Date: Amount: $699,665.** Description: (Name and Location) Bond # 016219135 SURETY: (Name, legal status and principal place of business): Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 Dune Remediation Project BOND Date: (Not earlier than Construction Contract Date) Amount: $699,665."£ Modifications to this Bond: ❑ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) A.D. Williams Construction Co., Inc. Ohio Casualty Insurance Company_ = aiimi% s Hot. smart-- - /9��/%/ p, -. Y 7- MORNEY - IN *elk Signature: Lt .0./.1 vvv,eiy Signature: -; g.4 cdsg'_- _ Name yvl L Name Charles W. Seiler, Attorney-in-fact— - and Title: e �. '' �' S and Title: An additional -signatures a� ( yppear on the last page of this Performance Bond.) (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER6te 1fnj Seacrest Partners OWNER'S REPRESENTATIVE 1001 Whitaker Street (Architect, Engineer or other party:) Savannah, GA 31401 912-544-1909 i This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contactor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond, into one form. This is not a single combined Performance and Payment Bond. AIA DOCUMENT A312.- 2010. The American Institute of Architects Init. 061110 1 AIA® Document A312 - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) A.D. Williams Construction Co., Inc. 4125 Ogeechee Road Savannah, GA 31405 OWNER: (Name, legal status and address) Tybee Island, GA 403 Butler Avenue Tybee Island, GA 31328 Bond # 016219135 SURETY: (Name, legal status and principal place of business): Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 CONSTRUCTION CONTRACT Date: Amount: $699,665." Description: Dune Remediation Project (Name and Location) BOND Date: (Not earlier than Construction Contract Date) Amount: $699,665."' Modifications to this Bond: 0 None 0 See Section 18 This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) A.D. Williams Construction Co., Inc. Ohio Casualty Insurance Compan Signature: k i" Signature: Name C'm+wH L.. i\'' PIO"- S Name Charles W. Seiler, Attorneym-fad- and Title: `t1- ggs dery r and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION NL1 y- Name, address and telephone) AGENT or BROKERS er ina Seacrest Partners OWNER'S REPRESENTATIVE 1001 Whitaker Street (Architect, Engineer or other party) Savannah, GA 31401 r 912-544-1909 C1-1ARLES MJ: _SEILER ATTORNEY-1M„'fAC$ 'GA..t41- 46 t5 AIA DOCUMENT A312- - 2010. The American Institute of Architects Init. 4 Client/0: 1988814 595ADWIL ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(IAWDDMYY) 1/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGriff Insurane Services 7391 Hodgson Memorial Drive Savannah, GA 31406 9125445050 CONTACT NAME: FHFIFIEWC,N,, moi, 912 544-5050 FAX (A/C, No): 9125625782 E-MAIL Ate' INSURER(S) AFFORDING COVERAGE NAICO INSURER A:Hewes "AY lineman denims 26301 INSURED A.D. Williams Construction Company, Inc. 4125 Ogeechee Rd. Savannah, GA 31405 INSURER 8: anda.ruld antra/ Insuam. Cemrmy 10335 INSURER c: 03/07/2019 INSURER D: $1,00,000 $500,000 INSURER E: INSURER F : X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY' REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLSUBR INSR IA/VD POLICY NUMBER POLICY EFF JMMIDWYYYY) POLICY EXP (MMIDD/YYYY)_ LIMITS A X COMMERCIAL GEiiERALLIABILITY X 82256060 03/07/2018 03/07/2019 EACH OCCURRENCE $1,00,000 $500,000 CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) MED EXP (My one person) s15,000 PERSONAL & ADV INJURY $1,000,000 GENL AGGREGATE UMITAPPUES PRO- POUCY JECT OTHER: PER: LOC GENERAL AGGREGATE s3,000,000 PRODUCTS- COMPXWAGG s3,000,000 $ A AUTOMOBILE X X LIAaLI1Y ANY AUTO OWNED AUTOS ONLY AUTOS ONLY jc SCHEDULED AUTOS AUTOS ONLY S2256060 03/07/2018 03/07/2019 COMBINED COMBINED SINGLE OMIT $1,000,000 BODILY INJURY (Per person) $ (Per BODILY INJURY accident) $ PROPERTY (Per accident) DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB jt OCCUR CLAIMS -MADE S2256060 03/07/2018 03/07/2019 EACH OCCURRENCE $5,00,00 $5.000,000 AGGREGATE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY LIABILITYANY N / A 019638623 03/10/2018 03/10/2019 PER STATUTE OTW ER PROPRIETOR/PARTNER/EXECUTIVEE.L OFFICERRAEMBER EXCLUDED? (Mandatory in NH) if , descrbe under ES DESCRIPTION OF OPERATIONS below VIN N EACH ACCIDENT $1,000,000 E.L DISEASE - EA EMPLOYEE 51,000,000 E.L. DISEASE- POLICY OMIT $1,000,000 DESCRIPTION OF OPERATIONSI LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it mot space is requ red) The City of Tybee Island is listed as additional insured for general liability. CERTIFICATE HOLDER CANCELLATION City of Tybee Island PO BOX 2749 Tybee Island, GA 31328 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /day 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016163) 1 of 1 The ACORD name and logo are registered marks of ACORD PRAKE 8S228313781M21335030