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HomeMy Public PortalAboutAgreement- Hwy Median Improvements & Landscaping Project- The Greenery(Contractor)- 3-6-19AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE HIGHWAY MEDIAN IMPROVEMENTS AND LANDSCAPING PROJECT THIS AGREEMENT, made this (p day of 10(0\ , 2019, by and between the City of Tybee Island, GA, hereinafter called the "Owner", and The Greenery, Inc, hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City of Tybee Island, GA, has heretofore solicited proposals for all material, work and improvements and for the doing of all things included within the hereinafter specified Highway Median Improvements and Landscaping Proj ect. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest responsible, responsive and preferred offeror for the hereinafter specified Highway Median Improvements and Landscaping Project (hereinafter "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 furnish all the labor, materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Highway Median Improvements and Landscaping Project for the City of Tybee Island, GA (Project), 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 8-2 1 AGREEMENT 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.) Request for Proposal RFP No. 2018-719 2.) Instructions to Proposers 3.) Contractor's Proposal 4.) General Conditions of the Contract 5.) Agreement 6.) Technical Requirements 7.) Contract Drawings / Bid Plans — as finalized and issued for construction on January 18, 2019, landscape plans of median improvements 8.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents\ 9. Any and all other documents or papers, including all DOT permits, included or referred to in any of the foregoing documents including all Permits 10.)Any and all Addenda to the foregoing, all of which are on file with the Owner or at the office of the project engineer, Thomas & Hutton A.B. TICL,E 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 C ity or its Engineer in accordance with these documents, and for any and all other things required by the Contract Documents: See attachments hereto which are incorporated herein. SECTION B-2 2 AGREEMENT ARTICLE IV- SPECIAL CONDITIONS Owner agrees that Contractor will perform watering and maintenance to the project for thirty (30) days after substantial completion and Owner's acceptance is deferred for a thirty (30) day period following substantial completion; however, Contractor agrees that acceptance will be in two parts as identified in the irrigation plans as System A and System B. Following the install of Section A, watering will begin at that time and then Section B will begin watering with a proposed overlap of approximately two to three weeks. Toward the end of the thirty (30) days the parties will perform a walk-through to determine if any plants need replacement. Once replacement and watering have occurred for the period of thirty (30) days, maintenance and watering will be the City's responsibility. As a result of the solicitation process and the proposal of Contractor, the parties have agreed that the total amount payable under the contract for all work, equipment and plants is $258,364.52, which is to include a base bid, plus irrigation system installation and the substitution of certain plants for a grant total of $258,364.52. This includes the charges for the special conditions concerning the watering and replacement of plants thirty days following the installation according to the division of Systems as described above. ARTICLE V- STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project within 1 calendar days after the Permitted start date of moats t 11 , 2019, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within 4 2- Calendar days. 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. SECTION B-2 3 AGREEMENT 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. 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 conceming the 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. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in four original counterparts the day and year first above written. (SEAL) Attest: __ By: THE GREENERY, INC. (Contractor) 15vancY tAcc4-tacleAv Title %&alit rret*cv SECTION B-2 4 AGREEMENT City of Tybee Island. GA (Owner) By: wr-r- It's inky "— Title C t e 02., Gr_, 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 ca partnership, the true name of tate rum shall be set 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. $ignature of Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment, SECTION B-2 5- AGREEMENT Contract Unit Price Schedule : City of Tybee Island, Georgia - Hwy. 80 Median Improvements 0 I- I� I. -O U O• N. 69- O N c0 v) u) CO 64 CO C7 OD 'Cr 0V co 1., V c1 c0 O. N N 69- $ 5,583.10 11 $ r- ch cU d' O` 64 LO O• Ni: OO — - 64 'd' N 'O u) tC1 64 — o, W W — N 64 N -3 of R N �O a 4,228.75 11 $ Q n h O W a^ 6, O — W h 64 5,568.29 11 CO M o CO O O 64 V N (NI h N 64 r` — n L V 64 $ 52,582.40 1 N ces V 'co or) N N UNIT PRICE -40 U O` 6N4 W )CJ Ln.. CO R7 'V' V CO p c r 0% p 69- $10.424 1 $10.972 1 $8.229 1 " .3 r` 64 $16.458 V N h 6g co V N. 6.46 co.m V N. CO p �h O ONO u) 64 TOTAL PROJECT : City of Tybee Island, Georgia - Hwy. 80 Median Improvements I-, Z LS LS 1 EA WWWWWWWWN EA EA EA EA EA QUANTITY .— — — 244 GOO M In V• M Op N. 'o N N. 0 N ••O ^ ON. N _ R I, O'0 N M 581 O . CV ITEM DESCRIPTON ....--...--.-.. Remove and dipole of exisitng plantings, prune remaining crepe myrtles J Addition of and fine grading of Improved soil (See landscaping specification 3.1) _ J 3" Double Shreaded Hardwood Mulch Serenoa repens !Andropogon gerardii Bulbine frutescens Helianthus debilis Lantana 'Chapel Hill Yellow' Plant Patent #19,548 f Lantana sellowiana 'Monma' Lomandra longifolia 'LM300' Plant Patent # 15,420 Muhlenbergia capillaris Panicum virgatum 'Northwind' Pennisetum orientale Rosa'Meigalpio' Plant Patent #17,877 Rosa 'Meijocos' Plant Patent #18,874 Spartina bakeri Turfgrass overseeding [ Irrigation System, Complete Z 'O a S D '-NI M V h c• r--, co O.O - p 12 M7h--O^ co V of Tvbee Median Proiect-IFB #2018-719 From Plans and Specifications Provided: 1.19.18 CO CC co co 0 16 cn to z o rt CI' cn 0 on no co o 0 co 0 CV LO CO LO cn CO LO o cp. co E 1— } cn \) = 0. co co CO co CI - 0 CD 0 CO rg C 11 \O.on ca ca ca cr. ci cn co ro oo en 0 CO CO co 00 0 \\\ cOa in CO %f 7 ) at PLANTING and PLANTING SYSTEMS CO CO Cr CO On 1.6 CV CO CO CO (} CO 0 0 !(coCC ■0000Rrm$gq!3r— or 30 -Day Transitional Maintenance Until Owner Final Acceptance o 01 CO DO 3.6 LO CO CO J CC Ca 10.1 'co ta rn \\\\\\}\}/as \co \(5g2 #z!!:a!!!!,¥\!,z CO /O COI CO CO O. 0 CI Inue u Baia Z m o W > 0 0 f m a City of Tybee Median Project-IFB #2018-719 Adjusted to rounding to match owner UPS m < m r o 00 c• r- ow r e O 0, m ¢CC GO O z F m y F__ • LO 15. Z Z CO LLI 0LC U›- OF w a m R s W gti z o C U- Z 0 I I O a O ¢ Z 65 gj5 • w n a Z z LANDSCAPE ALTERNATES 0 .22 OD 16*16" Pewter Wausau Stepper N. 0 eCO Ca ce DJ m w GENERAL BID NOTES C CO 0 G co a 0 2m m u a) N y Fo yo m E .o 2 a, o m a m a N a o o m o E o Ti m m Wo uwcc=• o mN -2 - o > a =m - yo b m= C 0 N m - a z > :2¢ (Sr E d CO N U m .cc .-2 - .N =cd z.2 m >YacN ammN a> c2aa Uo LN0=Ni0_Om o N CO n N'aN ( _ In ao oZt L 0 o r c� a 0 m £ yOm` ° m oazcyam mds_• cFir £=_ A = 8 -N E E c w o m na 2 f co d wrnaaoai oy a oc o o m= m m m m ` .oa ac o La yama- £ o u e do a m inuNcV =cm -m ¢U o' Jm -ia c mE ca • i E 2 c m _ m > mmmo NLLUoL o EcNo- -o ' m oow4 0£2 ' C.p'°L wV a W mo W"$ m CO Nno c o azj d tm mn o- ` ct a OOoaC TO' H Dm o "• o m 0 o¢ o U o£ o 'a = co as a.-wWu.�k c "mam mo 5¢ 0 U ca �a ▪ a o • o g m 0 a ..i W - m¢ m w E ao e_ E w rn _ z a - m w 9 CD = o F _c c E8- r UUa m mo am a C T =ao Eo =aN = O N a m d R N.d om :7• G,La_o o m - ava _ar G- m'__ai0 v a: o N 03 or g -0= _m 2 m 3 N d m o c - m CO .- a m `o o m_ m'm mam • ` m .E a'N aE m co _ .0 1,8, ._ 5 C� 6 m o • pUmi m c o • N mF 6 m 0 ce O`d . ¢m O m O''_ ¢- cm 0 =m o a-COa oy_mCO t m J mZ 0) a= 0 >. 0 5 au al o a or a o- �' ¢ £ a i -w m 2ci m - t - -mo • = o o m ¢ i -a m d r co _1 2 0 0 `m 2 F 0 co MDw ciZ 0d 0 c I- 411 FeeW-9 (Rev. Novemoer201Jj Department of the Treasury Interne' Revenue Request for Taxpayer Identification Number and Certification "► Go to www govlForrnW9 for instructions and the latest information Give Form to the requester. Do not send to the IRS., Print or type. See .Speciflc Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line The Greenery. Inc 2 Business name/disregarded entityname, if different from above 3 Check appropriate following seven boxes, ❑ Individual/sole single -member Ei Limited Ilabilitycompany. Note: Check the LLC if the LW another LLC that is disregarded ❑ Omer (see instructions)* tux for federal tax classification of the person whose name is entored on line 1. Check only one of the 0 Trust/estate 4 Exemptions(codes ceriaim engdes instructions Exempt payeecode Exemption code Gf any) tarws.sm apply only to not individuals; see anpage3): of any) proprietor or 0 0 Corporation ® E Corporation- ■ Partnership GLC. Enter the tax classification (CC corporation, 3=3 corporation, PePartnership)► appropriate box in the line above for the tax classification of the single -member owner. is classified as asmgie-member LLC that is disregarded from the owner unless the is not disregarded from the owner for 0.8. federal tax purposes. Otherwise, ise, a single from the owner should check the appropriate box farina tax classification ofits ownen from FATCA reporting Do not check owner of the LLC is -member LLC that umu•aeua) 5 Address (number, street and ,apt. orsuite no.) Eee insGoctions. P.O. Box 6569 Requesters name and: address (opllonati 6 Coy; state, and2IP code Hilton Head Island, SC 29938 7 list accountnumber(s) here (optonal) Taxpayer identification Number (TIN) Ender your TiN in the appropriate -box. The TIN provided must match the name given on line 1 to avoid backup withholdng. For individuals. this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entitles, it is your employer identification number(HN). 1f you do: not have anumber, see Flow to get TNN, later,. Note: if the account isin more than one name, see the tnsbvctions:for line 1. Also see What Name and Number To. Give the Requester for guideflnes on whose number to enter; Social secede/number or I. Employer identification number 5 6 1 0 2 7 4 9 Pa Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am wafting fora number to be issued to me); and 2.1 am not subject to backup withholding because (a) I am exemptfrom backup withholding, or (b) I have not been notified by the Internal Revenue Service (1115) that t am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I -am no longer subject to backup withholding; and 3,1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that:) am exempt from FATCA reporting is. correct. Certification instructions. You must crass out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all nterest and dNidends on your tax return. .For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment property, cancellation of debt, contributions to an individual retirement arrangement. (IRA), and generally, payments other than interest and dividends, you are not :twined to sign the certification, but you must provide your correct TIN. Seethe instructions: for Part ll, later. ►il' Date' 1 \I©‘?.O1Q. • Form 1099 -DIV (dividends, including those from stocksormutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds). • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) _. • Form 1099-8 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (Home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt). • Form 1099-A (acquisition or abandonment of secured property) Use FormrW-9. only if you am a U.S. person (including a resident alien), to provide your correct 71N. lfyou do notretu n Form W-9 to Nue requester with a TIN, you might be subject to backup withhoidrng. See What Is backup withholding, later. Sign Here uU signature erson► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.bagov/FormW9. Purpose. of Form An individual or entity (Form W-9 requester) who is required to file an infomration return with the IRS must obtain your correct taxpayer identification number (Tit) which may be your social security number (SShl), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information retumsindude, but are not limited to, the following. • Form 1099 -INT (interest eamed or paid) Cat No. 10231X Form W^9 (Rev. 11-201?) Client#: 1182200 112GREENINC2 ACORDrM CERTIFICATE OF LIABILITY INSURANCE BATE(MM/OD/YYYY) 11/27/2018 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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 endorsemeM(s). PRODUCER McGriff Insurance Services PO Box 1909 Bluffton, SC 29910 843 815-0522 CONTACT NAME: PHONE 843 815-0522 FAX Ext): INC, No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL q INSURER A: Nen Ivens Manufacturers Assoc lnz co 12262 INSURED The Greenery Inc. P.O. Box 6569 Hilton Head Island, SC 29938 INSURER B: "stern Alliance Insurance company 10724 INSURER c: 06/30/2019 INSURER D: $1,000,000 $300,000 INSURER E : INSURER F: OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADM NSR SUBR WVD POLICY NUMBER POLICY EFF (MOLIC/YEFF ( POLICY POLICYEYV LIMITS A X COMMERCIAL GENERAL LIABILITY X X 8218008776965 06/30/2018 06/30/2019 EACH OCCURRENCE $1,000,000 $300,000 CLAIMS -MADE X OCCUR PREMISES (ERENTED coccurrence) MED EXP (My one person) $10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY 1 XI JECT OTHER: PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO AUTOS AUTOSS ONLY HIRED AUTOS ONLY X SCHEDULED NON -OWNED AUTOS ONLY X X 1518008776965 06/30/2018 06/30/2019 (EeammeDtrINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acddent) $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE X X 6518008776965 06/30/2018 06/30/2019 EACH OCCURRENCE $6,000,000 s6,000,000 AGGREGATE DED X RETENT ON $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILJTY 1./N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 01000009356603 06/30/2018 06/30/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Tybee Island is additional insured with respect to liability. CERTIFICATE HOLDER CANCELLATION City of Tybee Island P.O. Box 2749 403 Butler Ave. 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 Omen. E,. Ptr teleAta ACORD 25 (2016/03) 1 of 1 #S22425228/M20268433 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regist red marks of ACORD CAPD This page has been left blank intentionally.