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:
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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
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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
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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
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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.
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Unit Price
Total
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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
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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
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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
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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:
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Title
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Approved this3 v day of —t& ( 2019_.
By:
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City of Tybee Island, GA
(Owner)
Title
SECTION B-2
6
AGREEMENT
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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
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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
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• EXPIRES
' � GEORGIA
▪ • Oct. 26, 2019
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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.
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Company
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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
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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
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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
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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..
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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:
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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:
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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.
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es
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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
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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
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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
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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
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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. If fence material is damaged, debris must be removed from the beach area by the
owner in an expeditious manner.
92 of 108
93 of 108
94 of 108
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PRESENTED BY:
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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
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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):
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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