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HomeMy Public PortalAboutEarth Balance 1-13-20AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE DUNE VEGETATION AND LANDSCAPING PROJECT THIS AGREEMENT, made this 1 3 day ofvµ2y , 2020, by and between the City of Tybee Island, GA, hereinafter called the "Owner" at P.O. Box 2749, Tybee Island, GA 31328, and EarthBalance Corporation, hereinafter called the "Contractor", of 2570 Commerce Parkway, North Port, FL 34289. 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 Dune Vegetation and Landscaping Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest responsible, responsive and preferred offeror for the hereinafter specified Dune Vegetation 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 Dune Vegetation 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. 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. 2019-742 2.) Instructions to Proposers 3.) Contractor's Proposal 4.) This Agreement 5.) Technical Requirements 6.) Contract Drawings / Bid Plans 7.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 8.) Any and all other documents or papers, including all permits, included or referred to in any of the foregoing documents including all Permits 9.) Any and all Addenda to the foregoing, all of which are on file with the Owner. 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 City 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. ARTICLE IV- SPECIAL CONDITIONS As stated in the RFP. ARTICLE V- STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project within calendar days after the Permitted start date o02.0 , 2020, and to complete fully all work required by the Contract Documents to the pint of Final Acceptance by the Owner within / 9 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. 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 m 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 concerning 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 cots the day and year first above written. (SEAL) Attest t • 'N (`� [ �-- Title EarthBalance Corportation (Contractor) r� k Cristine Borowski It's Vice President City of Tybee Island, GA (mer) By: It's -Managew n7 ,4-yBe Attest Title Approved this day of , 2020. Approved as to form By: e1•%�1`6 City Attorney TO: EarthBalance Corporation 2570 Commerce Parkway North Port, FL 31328 NOTICE TO PROCEED DATE: PROJECT: CITY OF TYBEE ISLAND, GA, DUNE VEGETATION AND LANDSCAPING You are hereby notified to commence site work at in accordance with the Agreement dated Tq.ruvimj 3jp:a on, or after/.2oA_ a . and you are to fully and satisfactorily complete the work to the point of Final Acceptance within 90 days of commencement of work. The City of Tybee Island, GA By:1/ (SIGNATURE) ii l r,,z— (1T1LE ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged this day of 2020 EarthBalance Corporation By ('1'1'I LE) REQUEST FOR PROPOSAL RFP NO. 2019-742 DUNE VEGETATION AND LANDSCAPING PROPOSAL DUE: TUESDAY, DECEMBER 3, 2019 by 2:00pm PRE -PROPOSAL MEETING: THURSDAY, NOVEMBER 7 at 10:OOam CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM MONTY PARKS WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN DOCUMENT CHECK LIST The following documents are contained in and made a part of this RFP Package, and are required to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER INTRODUCTION SPECIFICATIONS AND REQUIREMENTS INSTRUCTIONS TO PROPSERS GENERAL INFORMATION PROPOSAL AND PERFORMANCE BONDS ATTACHMENTS: A. SIGNATURE SHEET: B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F. DEBARMENT CERTIFICATION G. PROPOSAL FORM; H. CHECKLIST SEPARATE ATTACHMENT in: DUNE VEGETATION PLANS & SPECIFICATIONS INTRODUCTION This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as "Owner") with services as indicated herein. Sealed proposals must be received by 2:OOpm local time, on Tuesday, December 3, 2019. The City of Tybee Island reserves the right to reject any or all proposals. A pre -proposal meeting will be held on Thursday, November 7, at 10:00am in the City Hall auditorium (403 Butter Ave, Tybee Island). Interested vendors are encouraged to attend, as they will have the opportunity to discuss specifications, visit the site, and ask questions. METHOD OF AWARD: If the City of Tybee Island awards a contract as a result of this RFP, it will be awarded to the responsible proposer deemed able to provide the best value for the City. The award will take into account price among other factors as specified in this RFP. The City reserves the right to select the proposer which best meets the City's goals and objectives, needs, budget constraints, and quality levels, as well as its educational and service level expectations. The City reserves the right to award a contract to one or multiple vendors. Signature of proposer indicates understanding and intended compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this request will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the proposer, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. Instructions for preparation and submission of a proposal are contained in this RFP package. Please note that specific forms for submission of a proposal are required. The City of Tybee Island has an equal opportunity ity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City of Tybee Island is seeking a proposal package for service or materials equalto 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 RFP. All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the proposers will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposal does not affect this right. SPECIFICATIONS AND REQUIREMENTS The City of Tybee Island is soliciting proposals from qualified vendors to landscape approximately 154,770 square feet of beach dunes. The vendor will be required to supply, deliver, and install various native salt and drought tolerant grasses, plants, and sea oats as specified in the attached Planting Plan (Attachment #1). The planting area is comprised of five specified dune sections, from the Pier at Tybrisa Street, south to the 19s' Street vehicular beach access. Proposer must provide a material warranty with each proposal to insure 80% survivorship of all installed plants for a minimum of 90 days. Proposal must also include an estimated delivery and installation schedule from the Notice to Proceed date. Alternate Proposal: Installation of an irrigation system in accordance with specifications in the Attachment #1 plans. A proposer may submit an alternate irrigation plan, as long as it will maintain irrigation of plants for ninety (90) days. Toward the end of the ninety (90) days the parties will perform a walk-through to determine if any plants need replacement. Once replacement and watering has occurred for ninety (90) days, maintenance and watering will be the City's responsibility. The proposal must clearly indicate the type of irrigation system it is proposing. 1. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a proposal to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs 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. Proposers must carefully review all provisions of, and attachments to, this document prior to submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein. This RFP and any attachments, plans, and/or other related documents can be found on the City's website at https://www.citvoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the website for additional information and/or addendums. 1.1 How to Prepare Proposals: All Proposals must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Proposals must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Proposal. ALL SIGNATURE SPACES MUST BE SIGNED. 1.2 How to Submit Proposals: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, and proposer's company name, to the office of the address below prior to the time specified. Include your proposal, and all required attachments, which can be found at the end of this document. • Include all requested documents, including required proposal bond, in addition to a W-9 and certificate of insurance. • City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of thein- Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga • Include at least three (3) references documenting your experience with similar projects. Include name of project, construction cost, location, and current reference contact information including name, phone number, and email address. In addition to the information above, submit a written and/or photographic description of bow these projects relate to this RFP. • All Proposals must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include RFP #2019-742 Dune Vegetation on front of envelope. • Courier or hand deliver response package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYREE ISLAND, GA. 31328 • Proposals may be submitted via US Mail, but proposers choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential proposers must present any written objection to this RFP at Least seven (7) days prior to the proposal due date. The objections contemplated may pertain to form and/or substance of the RFP documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftvbee.org. Email subject line: Objection to RFP #2019-742. 1.4 Errors in RFP responses: Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications of this RFP before submitting a proposal. Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the proposal, the unit price will govern. 1.S Questions concerning RFP: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this RFP must be made by email, sent to the below named individual, who will be the official point of contact for this RFP. Questions must be submitted at least seven days before the proposal due date. All questions will be answered in the form of an addendum to this RFP and posted on the website. Mark subject line on e-mail "Questions on RFP 2019-742, Dune Vegetation." POINT OF CONTACT: Melissa Freeman mfreeman®cityoftybee.org Failure of a Proposer to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Proposer's acceptance of all of the terms, conditions and requirements set forth in this RFP. 1.6 Addendums to RFP: Any changes to the conditions or specifications in this RFP must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will be posted by the Purchasing Agent on the City's website. The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Proposer must acknowledge each addendum in the response. It is solely your responsibility as a proposer to ensure that you have received all addenda and incorporated the changes into your response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the proposer but will 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., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Proposal 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. 2.3 Proposer: Whenever the term "proposer" is used it will 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. 2.4 Responsible / Responsive proposer: Responsible proposer means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms in all material respects to the requirements set forth in the RFP. 2.5 Compliance with Laws: The proposer will 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 will be supplementary to this section and not in substitution thereof. 2.6 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 filly specified in the contract documents. 2.7 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). 2.8 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 perforrning 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 ernoloyment 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.gnus/spotiiaht/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." Responders are 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. 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 can hire only persons who can 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 any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will 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. 2.9 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. 2.10 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in the proposal will be firm for acceptance for a period of sixty (60) days from proposal opening date, unless otherwise stated in the RFP. 2.11 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this RFP, will be of the best quality, and adhere to the highest industry standards. 2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer will unconditionally guarantee the materials and workmanship for one (I) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will 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. 2.13 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 Proposal as requested by the City, the proposer will 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 will 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. 2.14 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 higher ranked Proposer, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or his surety) will 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. 2.15 Certification of Independent Price Determination: By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal 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 proposer 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 proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor, and c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications and plans define a responsible Proposer as one who meets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City 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. The City has the right to disqualify the proposal of any proposer as being unresponsive or un -responsible whenever such Proposer cannot document the ability to deliver the requested product or service. 2.17 Insurance Provisions, General: The selected proposer to whom the contract is awarded will 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 must be included in the proposal. a. General Information that must appear on a Certificate of Insurance: i. Name of the Producer (proposer's insurance Broker/Agent). ii. Companies affording coverage (there may be several). Name and Address of the Insured (this is 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 (See below). THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE LSLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY COVERAGES. b. Minimum Limits of Maumee ee to be maintained for the duration of the contract: i. 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: $2,000,000 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: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be written on an Any Auto basis. TAE INSURANCE REQUIRMENTS AND LI1VHTS STATED HEREIN MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR EXCESS COVERAGES. c. Special Requirements: i. Extended Reporting Periods: The Contractor must 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 will not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request must be endorsed to state that it will 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 must 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 contract. 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 will 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 will 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 will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.18 Compliance with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Addendum, and/or any other pertinent documents form a part of the Proposal and by reference are made a part hereof. 2.19 Signed Proposal Considered Offer: The signed Proposal will be considered a binding offer on the part of the Proposer, which offer will 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 Proposer after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance. 2.20 Notice to Proceed: The successful proposer must not commence work under this RFP 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 continence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.21 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted no later than 48 hours prior to the date the award recommendation is scheduled to be approved by City Council Recommendations to Council are usually posted on the preliminary agenda on the City's website on the Thursday prior to the Council meeting date. It is the proposer's responsibility to ascertain the City's recommendation for award.. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman®cityoftybee.org, with the subject line Protest: RFP #2019-742, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. RFP number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 2.22 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City 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. 2.23 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 proposals, and any proposal 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 Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Proposer 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 Proposer'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 Proposer's contract obligations. 2.24 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will 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 will 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. 2.25 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 will cause render your proposal invalid. 2.26 Georgia Open Records Act: The responses 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, will 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 Proposer to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Proposer 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) will 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. Proposals will not be opened in public, and the information is exempt from disclosure, including the Open Records Act, until the RFP has been awarded, or all proposals have been rejected. City of Tybee Island will not be held accountable if material from responses is obtained without the written consent of the proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.27 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. 2.28 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. 2.29 Method of Compensation: The compensation provided for herein will 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 will be paid to the contractor after receipt of the invoice and approval of the amount by the City of Tybee Island. The City will 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 will 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 will be submitted each month until the Project is completed. Invoices will 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 will 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 will 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 will 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 will 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's acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due will be paid by the City 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 will constitute a waiver of all claims by the City 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 as unsettled at the time of final application for payment. Acceptance of final payment will 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. 2.30 Terms of Contract: a. ONE TIME CONTRACT 2.31 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will 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 will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 2.32 Proposal Surety: Each proposal shall be accompanied by a qualified bond/surety, cashier's check or certified check in the minimum amount of 5% of the total proposal price. Proposer will forfeit this amount should it be offered a contract by the City and refuse or fail to promptly enter into such contract. 2.33 Performance and Payment Bonds: a. Prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one -hundred -percent (100%) of the total contract amount to ensure the Contractor's satisfactory performance. b. Also prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Payment Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one -hundred -percent (100%) of the total contract amount to ensure the Contractor's satisfactory payment of subcontractors and material suppliers. c. The Contractor shall be solely responsible for keeping the surety informed as to the total contract price, significant changes in project scope, and overall progress and completion of project for the entire life of the contract. d. If the surety on the bonds furnished by the Contractor is declared bankrupt or becomes insolvent, or it's right to do business in the State of Georgia is terminated, the Contractor shall within five (5) calendar days thereafter substitute other bonds and surety acceptable to the City of Tybee Island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of Tybee Island may consider the Contractor in material breach of contract and take appropriate actions. 3 EVALUATION CRITERIA This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Team in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not based on what is inferred. After thoroti,ghly reading and reviewing this RFP, each team member shall conduct his or her independent evaluation of the proposals received, and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. Criteria Possible Points Demonstration of Ability to Meet or Exceed all Requirements 20 Prior Experience - Quality of, and Response from, References 30 Cost of Services 40 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package? 10 I ! 1 i Mt e i a« % 1t $ $ €a 0! s ■ es if • i• i3 e s � 14111 i1114i1 11 ,1;ij lip.yew..% DTI 5351II&Ri31N3 INIVC1113A Nd1d `JNIINV1d ✓ 9 ON Y1Si 1221 • 3 [lNBAY U2Y 81S N a f 1 r it 0 1 i 1 ft ma G f1 3 3 4 8 1 1, S 8 3 5 5 ; Mt t ti E 18 Es a • is 1 • 13 15 ■ ti 21 II i111111111'� 111 I 1 E E 1 a E E ■ S ! 4 42 h h hi 55 4 • 4 & a as 1 4 3 rr 7 2 Y v8 1 6Y: EL 24 h 2 b• b4 i • *as • 4234 L 1 11 FI 51 1l.lii;€9 1 e 6 • 53 g.garryi MI • SO, .1•411r mr-rlre • a0 trrOmiS4.4 v•Ite, 4:•••.•• 11.4..1 • DTI S3S111cIllgIN3 INVCIIRA NVld 14011VOINt31 ¶ SNOIIVOldipajS 1 i i !H 41 :0 r li Lis 'A; ..li =!:1 Ili II • 1.1 A I Os fil !II 0 4c ' i m I 112 ii, g Ji 01 2ilk .ill ,rii T 111: t• 'if p 1. 131 111 12! ll 4e1 4: li;! tg &if lc; 1.!E! Vii qit• !ziii i ili:g izI Ill T a. a a. lig .15. ilq 101 pill illi i 1! ifs! Iiii illi V: .z •F iggzt nub Wil , 1 ilk II! In li il .01:v I:i14:0 !It 11- !; ”; IJ i 41 jt Iri 0 U _gt g Pi lig . i . :iii .'.!1! 1 lit i,1 k is $ 2 , 3 1 •-' :!;-1 - i ili„ . .1 =•: . .. ,- • I 3 -..E. - .-s4•1 1•14 :- ,ir •- l'-'1 i ! • 1 . v ' i 5ii air :li ill LE Jig 1 u ri 1 . ,- ,.l I 1 1 gi I ; i • • . I 1 : E 11 d1 . . " , . . . . • 4. r EARTHBALANCE® 2570 Commerce Parkway North Port, FL 34289 941,426,7878 WWW.EARTHBALANCE.COM Proposal Dune Vegetation and Landscaping RFP No. 2019-742 City of Tybee Island, GA Attn: Melissa Freeman P.O. Box 2749 Tybee Island, GA 31328 Proposal Due: December 3, 2019 @ 2:00 P.M. Proposal Respondent: Project Manager; EarthBalance® James Barron 2570 Commerce Parkway jbarron©earthbalance.com North Port, FL 34289 941.426.7878 rEarthBalance. November 27, 2019 City of Tybee Island, GA 403 Butler Avenue Tybee, GA 31328 7EarthBaIance Subject; RFP No.: 2019-742 Dune Vegetation and Landscaping To Whom It May Concern: EatthBadances is pleased to submit the following information in response to the City of Tybee Island's RFP 2019-742. As evidenced herein, we have the expertise and resources to successfully complete the work described. Ea►tfzBalancea anticipates a 1 -week delivery and installation schedule from the Notice to Proceed date. EattiBalance9 is one of the largest hands-on vegetation management firms in the country. We are an employee -owned ecosystem restoration and environmental consulting firm headquartered in Florida and have been In business since 1985. On a daily basis, we have our trained, equipped, and well-managed teams waridng to implement vegetation management projects across the country. Eart'Balances owns and operates a native plant nursery and is a year-round grower and supplier of plants in the southeastern 1.15. We grow and Install native plants to restore damaged ecosystems or build new ones. In most cases, we produce plants for projects at our nursery, which enables us to meet client demands for timely delivery of high-quality plant material in sizes and quantities to fulfill their needs. In addition, we maintain a cache of native seeds and possess a license from the State of Florida to harvest bare root wetland plants. Earthlialances has a successful history providing dune restoration services. For over 30 years, we have been installing native dune vegetation and constructing sand fencing. We have provided these services on several U.S beaches Including Myrtle Beach, South Carolina; Gulf Island National Seashore, Florida; Tybee Beach, Georgia; Gulf Shores, Alabama; and Palm Beach, Florida. We are a `"safety first" company and have an excellent safety rating with an Experience Modification Rating (EMR) of 0.71. Our in-house crews receive safety training on the proper use of equipment, plant identification, and safe operation of a variety of off-road vehicles. Thank you for this opportunity to present our qualifications and submit this proposal. Based on our excellent qualifications and reputation in the industry, you can count on us to provide you with Impressive results that we've achieved for so many others. Please feel free to contact me If you have any questions regarding our qualifications. Sincerely, y ( AL3' L6-4.- QristFne Boravald Vice President of Business Management •; EarthBalance 2570 Commerce Parkway North Port, FL 34289 (941) 426-7878 www.earthbalance.com 2570 Commerce Parkway North Port, FL 34289 941.426.7878 earthbalanCe.com Earth&la ai& Table of Contents 1. Signature Sheet 2. Contractor Affidavit 3. Subcontractor Affidavit 4. Save Affidavit a. Driver license S. Vendor Information 6. Debarment Certification 7. Proposal Sheet 8. Checklist 9. References a. Edisto Beach Sand Fence and Dune Planting Project b. Hilton Head Post -Hurricane Matthew Island -wide Dune Restoration Project c. City of Tybee Island Dune Plant Installation d. Beach Dune Vegetation Service for Coastal Dune Rehabilitation e. North Myrtle Beach Fencing and Grassing f. Myrtle Beach Fencing and Grassing (Reach 2) 10. W-9 11. Occupation Tax Certification — North Port Business Tax Receipt 12. Georgia Certificate of Authority 13. Certificate of Insurance 14. Proposal Bond www.earthbalartm.cam "EarthBalance Contents ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET The Proposer certifies that he/she has examined all documents contained in this RFP package, and is familiar with all aspects of the RFP and understands fully all that is required of the successful Proposer. The Proposer further certifies that his/her Proposal will not be withdrawn for sixty (60) days from the date on which his proposal is submitted to the City. The Proposer agrees, if awarded this Contract, hefshe will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all services and/or items indicated thereon as specified in this RFP for the proposal amount; 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 RFP for the proposal amount, and; EarthBalance Corporation COMPANY 4 + SIGNATURE (941) 426-7878 TELEPHONE NUMBER 11.27.2019 DATE VP of Business Mgmt TITLE MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council established goals oriented to increase participation of minority and female owned businesses, tbmugh MBFIWBE ce ficathon and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownershipstatus. Aminority orwomen business isdefined asabusinessthat isat lust 5l%owned aid managed i y minority orwomen. A responder that is certified by any agency ofiheFecletai Omani or State of Georgia may submit a copy ofthear certification with theme proposal as ptoofofqualifications. Prnpaser that intends to engage in joint ventures or utilize sub -consultants mustsubmit a !upon ofn y/WormnB> Enterprise panicipatiantoMelissaFteeman,P.O Box2749, and City ofTybeeLsiand, GA 31328. Afiican-Amesicaebek Asian American Hisparic Native American Alaskan Indian Female ATTACHMENT B 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.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 TYBgE OLAND 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-I0.91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 59-2612208 Federal Work Authorization User Identification Number November 27, 2019 Date of Authorization EarthEalance Corporation Name of Contractor RFP No. 2019-742 Dune Vegetation and Landscaping Name of Project N/A Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Nov . , 27 20I9 inNorth(city), FL (state). Port +CSO • Signature of Authorized Officer or Agent Cristine Borowski, VP of Business Management Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE2 77 DAY OF Nov ., 2019. to NOTARY PUBLIC My Commission Expires: 51. 1$ • ?a LISA STANS!URY Notary Public - State of Florida Commission / GG 100936 NI Caner, Ekes Apr 18, 2022 banded Mash NOUoaai Homy atn. ATTACHMENT C Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(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 NIA (name of contrp9tor) on behalf of intone of public employer) 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 business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: EarthBalance will not utilize any subcontractors to complete this work 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 20 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 .20_, NOTARY PUBLIC My Commission Expires: ATTACHMENT D 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) x I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) 1 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: Driver License 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 will 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 North Port (city), Florida (state). SUBSCRIBED AND SWORN BEFORE 411ZW4.0taNALTLIAts) NOTARY PUBLIC My Commission Expires: Signature of Applicant Cristine Borowski Printed Name of Applicant ME ON THE 27 DAY OF Nov ,20 19 ATTACHMENT E CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: EarthBalarice Corporation Product or Services Provided: Ecosystem Restoration Sales Contact Int rmation Contact: Wendi Nance Email: wnancetearthbalance .com Phone: (941) 426-7878 FW (911) 426-8778 Address: 2570 Commerce Parkway, North Port, FL 34289 Accounts Receivable information Contact: Lisa Stansbury Email: lstansburyaearthbalance . cam Phone: (941) 426-7878 Fax: (941) 426-8778 Remittance Address: 2570 Commerce Parkway, North Port, FL 34289 Federal Tax id #: 59-2612208 Attach Copy of W-9 and Occupational Tax Certificate Provide Copy of Workers Comp Coverage when providing any service involving labor on City property. Our terms are net 30 ATTACHMENT F CERTIFICATION REGARDING DEBARMENT INSTRUCTION FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: By signing and submitting this proposal, the prospective lower tier participant is providing the signed certification set out below. 1. The certification referred to in this paragraph is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Tybee Island may pursue available remedies, including suspension and/or debarment 2. The prospective lower tier participant shall provide immediate written notice to the City if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The terms "covered transaction," "debarred," "suspended," "ineligible,, "lower tier covered participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this paragraph, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 49 CFR part 29. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. 5. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 7. Nothing contained in the thregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this paragraph. The lmowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City may pursue available remedies, including suspension anchor debarment. NAME OF COMPANY: EarthBalance Corporat ion COMPANY TAX ID: 59-2612208 NAME OF AUTHORIZED REPRESENTATIVE: Cristine Borowski TITLE OF AUTHORIZED REPRESENTATIVE: VP of Business Management SIGNATURE: DATE: November 12 , 2019 ATTACHMENT G PROPOSAL FORM DUNE VEGETATION RFP# 2019-742 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total proposal cost below, TOTAL COST OF PLANTS: TOTAL COST QF INSTALLATION: TOTAL COST OF PROPOSAL: 566.693.33 569.200.52 S135.893.85 ALTERNATE — COST OF IRRIGATION N/A Eart hBalance Coproation (Firm) aQJCX. t 'Ct-''iASluIe) VP of Business Matt (Title) ATTACHMENT 11 CHECKLIST FOR SUBMITTING PROPOSAL Sign belox► mIsubmit this sheet with voter Proposal NOTE: All of the following items must be submitted with your proposal to be considered "responsive". Remember to follow the Instructions in the RFP Documents. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS x (3) REFERENCES AS REQUESTED IN SUBMISSION INSTRUCTIONS X W-9 x OCCUPATIONAL TAX CERTIFICATE x CERTIFICATE OF INSURANCE x PROPOSAL BOND x COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE PROPOSAL: A. SIGNATURE SHEET x B. CONTRACTOR AFFIDAVIT x C. SUBCONTRACTOR AFFIDAVIT x D. SAVE AFFIDAVIT x E. VENDOR INFORMATION x F. DEBARMENT CERTIFICATION x G.PROPOSAL SHEET x H. CHECKLIST x Cristine Borowski, VP of Business Mgmt NAME/TILE EarthBalance Corporation. COMPANY NAME 2570 Commerce Parkway ADDRESS North Port, FL 34289 CITY/STATE/ZIP (94i) 426-7878 PHONE NUMBER nczi€ra@earthbalance.com EMAIL SIGNATURE EarthBalance& Edisto Beach Sand Fence and Dune Planting Project Project Location: Project Owner: Project Contact: EarthBalance Position: Project Manager: Contract Amount Contract Dates: Colleton County, South Carolina Town of Edisto Beach Steven Traynum 160 Gills Creek Parkway Columbia, SC 29209 803-799-7949 straynum@coastalscience.com Prime Christina Hensel $105,555.00 June, 2017 Project Description EarthBalance" was contracted by Town of Edisto to supply the labor and materials to install sand fencing and beach plants. The work included installation of sand fencing and planting of beach vegetation along approximately 16,000 linear feet of beach along the Town's beachfront, extending from Ann's restaurant to Edisto Street. Fencing was installed in 'V-shaped' chevrons with the point of the chevron oriented landward, with 10 feet lengths for each side of the chevron and the depth of the chevron 5 feet. Fence sections was placed 5'8" apart, except at homeowner access points (10 feet spacing) and Town public beach access points (40 feet spacing). Fencing was placed along the top of the dune feature, near the seaward edge of the dune. EarthBalance" supplied, delivered, and installed 3,858 1 -inch Sea oats (Unfo►ia paniirulata) and 3,858 2 -inch Bitter panicum `north Pennsylvania variety' (Panicum amarum). Dune vegetation was installed with an approved fertilizer. Earth8alance( Hilton Head Post -Hurricane Matthew Island -Wide Project Location: Project Owner: Project Contact: EarthBafance Position: Project Manager: Contract Amount Contract Dates: Dune Restoration Project Beaufort County, South Carolina Town of Hilton Head Island Scott Liggett One Town Center Court Hilton Head island, SC 29928 (843) 341-4600 scotti@hl Itonheadislandsc.gov Prime Christina Hensel $130,082.40 April, 2017 - May, 2018 Project Description EarthBalances was hired to install approximately 19,120 linear feet of sand fencing, 225 walkover corridor units and approximately 62,140 native plants for the purpose of dune protection. Primary plant species installed were sea oats (Unfcda panicuIata), panicgrass (Pontoon spp.), cordgrass (Sparmrne spp.), and beach morning glory (Ipemeaa pies-caprae). All plant material was propagated at the EarthBalance Native Nursery located in DeSoto County, Florida. All sea oat material was grown from seed harvested from St. George Island, Florida and Palm Island, Florida; while the coastal panicgrass was grown from stock material at the EarthBalance` nursery. Earth8alancee City of Tybee Island Dune Plant Installation Project Location: Project Owner: Project Contact: Earthealance Position: Project Manager: Contract Amount: Contract Dates: Chatham County, Georgia City of Tybee Island Erik Olsen 2618 Herschel Street Jacksonville, FL 32204 904-387-6114 eolsen@olsen-associates.com Prime Charles Kocur, Jr. $ 14,300.00 October, 2015 Project Description EarthBalanc&' supplied, delivered, and installed 11,000 2 -inch sea oats (Unrda panlcrdata) for the City of Tybee Island project site in Chatham County, Georgia. Plants were installed with hydrating gel and fertilizer. The plants were grown at our native nursery located in DeSoto County, Florida. Earth&laaca Beach Dune Vegetation Services for Coastal Dune Project Location: Project Owner: Project Contact: Earth Ballance Position: Project Manager: Contract Amount; Contract Dates: Rehabilitation Flagler County, Florida Flagler County Richard Cordon 1769 East Moody Boulevard, Suite 304 Bunnell, FL 32110 (386) 313-4046 rgordon©flagiercounty.org Prime Christina Hensel $338,582.46 May, 2018 - April, 2019 Project Description EarthBalance/ was contracted for the supply, delivery, and installation of dune vegetation on approximately 1,128,608 square feet of the Flagler County dune system in Florida. A total of 535,082 native dune plants were installed, a mix of bare root sea oats (Unfo/a panlcufata) and 2 -inch panicgrass (Panicum amarum), salt meadow cordgrass (.Saartmna patens), beach morning glory (Ipomoea impe/a 7) and beach elder (Iva umbrrcata), Work was completed by an eight -man crew utilizing hand augers and a IJTV. A EarthBalanced) North Myrtle Beach Fencing and Grassing Project Location: Project Owner: Project Contact: EarthBalance Position: Project Manager: Contract Amount Contract Dates: Horny County, South Carolina Ames 1, LLC Ryan Hash 2320 Post Road Anchorage, AK 99501 (954) 703-9156 rhash@amesl.net Sub -Contractor Christina Hensel $314,972.92 March, 2018 - April, 2019 Project Description EarthBalanace! supplied all labor, equipment, and material for planting, fencing and signage Installation for the Army Corps of Engineers' Dune Restoration profit located in Horny County, South Carolina. Project locations included Cherry Grove Beach and Windy Hill Beach, as well as some additional miscellaneous areas. A total of 46,800 units of bitter panicum (Pan/cum amarum) and 101,100 units of sea oats (Uncia paniculata) were installed, which were grown by the firm's native plant nursery in DeSoto County, Florida and transported to the North Myrtle Beach area. A total of 19,580 linear feet of sand fencing comprised of 979 panels and 2,937 posts were installed. EarthBalanaceR also provided one year of fertilizing events. EarthBa/ancei Myrtle Beach Fencing and Grassing (Reach 2) Project Location: Project Owner: Project Contact EarthBalance Position: Project Manager: Contract Amount: Contract Dates: Horn, County, South Carolina Ames 1, LLC John Mahler 2320 Post Road Anchorage, AK 99501 (907) 3014551 jmahler@ames1.net Sub -Contractor Christina Hensel $595,244.51 November, 2018 - April, 2019 Project Description EarthBalance" supplied, delivered and installed sand fencing and dune vegetation along 46,960 linear feet of Reach 2 of the Myrtle Beach Shore Protection Project in Horn, County, South Carolina. The send fencing was installed as the first part of the project between the shoreline and the perpetual easement line arranged in V -sections. The planting matrix consisted of 158,103 bitter panicgrass (Panicumamarum) and sea oats (Uniofapranic'ufata Ntrtripa). They were planted in rows beginning at the oceanside ad the fence panel post, extending 9 -feet across the beach fill away from the ocean. Murtu M1-9 (Flew Ocluber 20161 mt Inerle'Revenue5er Troup, Request for Taxpayer identification Number and Certification Go to www.lrs,gov/FormW9 for instructions and the Iffiest infomraeien, Give Form to the requester. De not send to the IRS. 1 NOroo(n5 s1sOwn On Nur iicOne lits let _on) Nu•1e Is eqvretl Qui lna'+n . ks norlaevn llrt in.•. Itla�lk EarthBalance Corporation 2 Ci.i,.nr•., 5rr;.:•1,',1 • 1arn4 :r11HfNlal4MlAnaVa 3 eheck appmpnale mux fix totem' lax class Imam of the person *meas Oblate entered on too t Check only one at Ise folicwirg seven boon, ❑ Inrtulouaysoe proprietor or fl 0 Caroom:ion 0 3 Wrporehen ❑ Prrbimetup L Trust/estate simple-membet LLC ❑ towel 'Welty company Freer the tax classficoltcn(C-C capacitors. SvScorperabo P-Pertrers•up)► Nate: Check the approanate box ee 116 line above for the tar dara ltcation of he angle -member owner Do not check LLC if the L L0 is Oiosiecii as a single-Yteaioer LOG mat is disregarded hem the ovular tenses me sure et ire LC is another I LC that rs net .fererp-rriek tram the owner 'or Lt S *demi cmc purposes, Othenuiae, a smgle-neamee LLC • . d m dlerege•ded from the owner sham! stuck the sppropuate box fm Ilia rani datedet:alcat of its owner ' } Other urea narnX oraiP ' • 5 ofoleo. itV r' 1'r • gNert and apt or =v.te no I See instruct s , • 2570 Commerce Parkway 6 Cay, stain, aid LIP 'North Part. Fl 34289 r T Lot aeeot.ra nimbejsl her. topaaneli Mg Taxpayer Identification Number (TIN Enter your TIN in the approprfaIa r ... -he 11N provided must match the name given on lure 1 to avoid backup wiltthoioing. For indrv.duals tivs is generally your social security number(SSN) However, for 8 resident alien, sate proprietor. or disregarded entity, see e instructions for Pert tater. For other entities, 11 .s vour employer (dent/Heaton number (EI th N), If you do not have a number. see Now to Tier a TIN, later or 4 Fxe r Orions (coders gpply only 10 carton aniline, no; iridividuab rem irI6in bons On page 3) - Exempt payx coda (f any) Esoinnt' n from FATCA repo -ting code Of enyi M1..' 0 eh•wri.m•nko mel affirm rt••1.151 err :xrkrss •,tp}AAi. tl Social aewnly numbs• Note; II the account la in more than one name. see the instructiotfor line 1 Also see Mier Name and Mur•ber Tp Give the Requester for guidelines on whose number to enter. Part II Certification E,rp oyer ideiittlii ation number 5 Al - 2'I 81 11 2J 21 018 tf.r panailiea of penury. 1 certify that 1 The number shown on this foam is my cermet taxpayer identification number Or I am wetting for a number to be issued to me); and 2. 1 am not sLblect to backup withholding because: (al I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Seduce (IRS) that I am subiect to backup withholding as result of a failure to report all Interest or dwrderrds. or (c) the IRS Iran notified me that I am no longer subiect to backup withholding: and 3 I am a U.S citizen or other LiS, person (defined below); and 4 The FATCA cadets) entered ort 1116 font If aryl ndicabng that I ens exempt from FATCA reporting le correct Certification Instructions, You must cross out dam 2 above d you have been notified by the IRS chat ycu are currently sublet• 10 backup withholding because you have faded to repor ell interest euro dividends on woo tax return. Forrealesta!e trensertions, item 2 ogee sot apoty. Fcrmottgage ettarest part. acquisition or abandonment of secured property, cancellation of debt, contrbutiorrs to an etdividu.l retirement arangerrett IIRA), and generally, payments other than 'merest ants di idands you are set recuired to sign tie certification, bit you most provide your correct TIN. See the instructions for Part II, toter. Sign Here • Signature ofr U.S penpn►� •1/4216� [ 1.441/L r t General instructions Section references are to the Internal Revenue Coda unless otherwise noted. Future developments For the latest rntornahbn about devetopntenti5 related to Form W-5 end it8 instnrctlons, such as legislation enacted c@ertheywere published, go towwworegov/FarmWN9. Purpose of Form An ndie duel or entity (Form W-9 requester) wl•o is required to lila an information return wltn the IRS mast obtain your correct taxpayer identification number (SIN) which may be your social security number (SSM, individual taxpayer idertfrcabon member (iTINt, adoption ten:layer identification number (ATIIVo or emprnyer fdentitlr etion number (EN) to report on ao iniotmetion rattan the amount paid to you, or otoer amount reportable an an information !stout. Examples of information ratter's Include, but are not amend In. the following • Form 1099 -INT (interest eamed or paid) Date le 1_. 3n.2618 • Form 1099-01V (dividends, including those tram stocks or mutual funds) • Fcrm 1099•MISC (various types al income, prizes, swards, or gross proceeds) • Form 1099.8 (stock or mutual hind saes and certain other transactions by brokore) • Form 1099-S (proceeds from real estate transactions; • Form 1099-1( (merchant card and third party network transactions) • Farm 1098 (hone mortgage ntretti. 1098-E (student loan intoned). 1098-T (tuitronk • Fnrm 10994; Ic:liatelen debt) • Form 1099-A (acquteihon or abandonment of secured property) Use Form W-9 only it you ere a U S person (including a resident aten), to prowde your correct TIN. Of you da not return Form -N-9 to rhe rm.-ester with a TIN, you might Ce SUblect to backup withholding See What is backup withholding, rare Ont Nn rttzfex Fnm1w-9fReu 10.20151 CITY OF NORTH PORT BUSINESS TAX RECEIPT Valid Thru September 30, 2020 EARTH BALANCE CORP(CONSULTING) 2570 COMMERCE PKWY NORTH PORT FL 34289 DODD, ANDREW 2570 COMMERCE PKWY NORTH PORT FL 34289-9353 Issue Date: November 19, 2019 This Business Tax Receipt is hereby issued for the occupation of SERVICE GENERAL. The Business Tax Receipt Number is 20.00000128 and is valid with the City ofNorth Port at 4970 City Hall Blvd. North Port, FL 34286. COMMENTS: ENVIROMENTAL CONSULTING RESTRICTIONS: The person, firm or corporation named above is granted this Business Tax Receipt to the provision of Chapter 34 of the North Port Code of Ordinances. Issuance of this tax receipt is not an endorsement, or certification of compliance with other ordinances or laws. This tax receipt does not assure quality of work or confirm that regulatory or zoning requirements have been met. Holder must comply with all city ordinances and state codes. This Business Tax Receipt must be exhibited conspicuously at your place of business. Control NO. 0701 5596 STATE GF GEORGIA Secretary of State Corporations Division 315 West Tower #2 Martin Luther fang, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF AUTHORITY 1, Karen C Handel, the Secretary of State and the Corporations Commissioner of the State of Georgia, hereby certify under the seal of my office that EARTHBALANCE CORPORATION a Foreign Profit Corporation has been duly formed under the laws ofFlorida and has filed an application meeting the requirements of Georgia law to transact business as a foreign profit Corporation in this state. WHEREFORE, by the authority vested in me as Secretary of State, the above Profit Corporation is hereby granted, on 02/21/2007, a certificate of authority to transact business in the State of Georgia as provided by Mlle 14 ofthe Official Code of Georgia Annotated. Attached hereto is a true and correct copy of said application. WITNESS my hand and official seal of the City of Atlanta and the State of Georgia on February 21, 2007 4L‘.4.(edi,e Karen C Handel Secretary of State CATHY COX Stcretaly of Stats OFFICE OF SECRETARY OF STATE CORPORATioN5 DN19ION 3.16 Wail Taw. G aspIa i1S. 3RJr. No AMA%We wan Mote sd agora, Mit ally dales InitnoallGl Oaths lntam t APPLICATION FOR CERTIFICATE OF AUTHORITY FOR FOREIGN CORPORATION 00 NOT WRITS M PNAMLO AM* -503 UIE ONLY ;1 J.41. Canlrol No: 07016(11)6 Dale Filed: 02/2112307 12400 AM Karen C Handal Seclslary of State '7.1 O J' .t -4; rn res HRI f10 SON SPAM 10 v 6 SUSAN Od D —4 iV It.. OLS reeve ry,tor s ciiil:w:• :Foe.•. NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF T1115 FORM ^.scoot C01Q Ti a { 0 anal) =to ams L! a ' d la (NOTE: 11 Me dab preen ided true is more glen 30 P to be ata aha a Juan la Data • Ikiw oSienstery ) received by tie 500015 y of Skis, . SSOOpen```rIIIIIy mos! Wreck peaty It and canna( be .d r � Wale-) z. %72 NCL5 T CL nJGGV i _I 41- -71? 7� Telephone Numbs Name of Virg person wen&cale war be mailed ba Ih's parson. at mien beam) 251C? AJ TaL t7Xj 8[.R -De- &VD NDRTN PAz - % 6.4 a7 City Stabs ZIP Cols Address 3. Z57:4 NJ -DDS i -SDG b i-vb Nota -74 -Rat FLo2, r. 31,1 Z S'c' P. v w.,r.1117n1et Mailing flndfnr.r, (n,,,y 219 P!t, Lt7F) City Stat. Zip Cod C T Corporation System Name of Registnrcd Apinl in ()milli; • 1201 Peachtree St. N.B. noststoled Onto Strout Addres In Gedr013 (Past MI bat or mar drop not aCCeptabis for registered oaks address) 30361Atlanta Fulton GA Stott Ap Code city C•da.ONE p rror +oFrr - f -v tr mss 0l%cit 1 CEO Count Aubilston f Wreal kcorgorelson In !TOMS aim: ;Home stats or Cd 1 FLS L #' `1 1qCN 26°714 N i o1-aba /54,►DV 3(-Vb &D2T* r FL 3142101 Murex Erik+ alpCeee r-Rigi Ac• . CU},vc'E y -,571-1 fiJ 7D 4.61,0 $1,4-)D&BLD Noe -R-0 f�a.r 94289 OlhaaN:;F6 Aedlur Che Slee do Cod! 2PNcls x O .PnLc ey 2.57 r r aL cD DQE 8L D l/o2e-)4 Ara- p'A 'Y757 arnurrSCC Y. NOTICE: Nan or sleelve the fOlo►dn2 nems tO the Sociality at Ilett dine eeew addnre (1) od mil arid orle.o►XstIris application .ll,eadNl.iaylkeham.HMaar.otmb7, nem borne pI An°3irl01NALeeniaemsr.>tIIDenadrI0odriaadhlae.8awn*.i3SiI54 EUI! may not be nom giants days old. tesprolaNdas.11eearpenNea boo boob able ah.did N01 In ..aelttoN Moe to. et IMO waists 15 wilabnoleryalSURF CEng Sun NNON41IMadeba. 447 Request aprelltestes and obtain clicky InIOlmttlen 1/4 Addrmot Clef 51410 decade isl 6,09 rr- GoNOI .O IAY170e C T sins Orlin 1. 01" 7 state of Geagle Expedite Creation - Pongee Erday 7 Pig* • '1111111111111 11111111,1111111-111111111 - 1 • State of Florida Department of State l certify from the records of this office that EARTHBALANCE CORPORATION is a corporation organized under the laws of the State of Florida, filed onNoveml�4, 1985,effective November 1, 1985. The document number of this corporation is H84315. I further certify that saidration has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on April 24, 2046, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given render my hand and the Great Seal of Florida, et Tallahassee, the Cayita6 this the AISI/IY Fourth day of January, 2007 Secretary of State wdeoaia:aian ID: 1006861115OOi-e12407. 100686115001-111240741,1315 Toruthestisybthis certiHone.visitthe folkovbtg rile, War thio ID, end him Mow the Instruetian 0i at)ed. www.simblzorglaodd.himl ACGRD D• CERTIFICATE OF LIABILITY INSURANCE DATE IMNIDOrYYYY; 321(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(iesl 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCE, Wallace Welch & Wtlingham, Inc 300 1St Ave, So., 5th Floor Saint Petersburg FL 33701 INSURED EarthBalance Corporation 2570 Commerce Parkway North Port FL 34289 EARTcoR.ar Ni.IpAC7 Cert+ricates'Commercial Lines FHCNE LIC No Ertl 727.522-7777 A gss• certihcatae N3lns com IFA. NpJ' 727-521-2902 Lac INSUREN(S) AFFORDING COVERAGE MRCS INSURER A: National Trust Ins Co INSJRER a . Monroe Guarantor Ins Co 20141 32506 1NSJRER c. Homeland Ins Co of New York 34452 IHS.,RER 0 • Amerisure In. Co irEuRER E N5cRER F - 19488 GE CERTIFICATE NUMBER: 456925520 REVISION NUMBER: THIS 15 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI -E INSURED NAKED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDNNG ANY REQUIREMENT, TERM OR CONDR1oN OF ANY CONTRACT CR 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 PCU CIES, LIMETS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TNSR • LTR - TYPE OF INSURANCE A7'iR15JB Naa 11 WNo POLICY MAURER POLICY EFF POLt[r EBF (MAIVISF "YY,r INN• oarrYYI UNITS A X CONs�NCIALGENERALFJABIUTY Y Y GL100028275-01 $!2312018 811112019 EACHOCCURRENCE51000 DOC CLAIMSMADE © OCCUR PREMISESXiocilse>t.^el 5100120 4 ED EXP (Am ole pow) 5 5 ODO X XCU Included PERSONAL II ABU INJURY 51 000 000 GEN L AGGREGATE APPLIES PER GENERAL AOOREGATE $ 2 DOD 000 pL�IMN, POLGY n M. LOG PRG0U::TS- COMP/OP AGO S 2 COQ 06C X OTNEN Pommy lion Lae E B AUTOMOBILEUAaIUTY Y CA10003408904 81232018 82312019 L£A erA I dsC' 1) srNC.iE LIANr n 51.000.000 ANY AUTO BCOILYINJUR,(Fe•pmol S GAINED A ONLY SCHEDULED aODI.T INJURY (Per emeriti S x NIXED AUTOS ONLY NCN.ONMED AUTOS ONLY ISPOPERFYDAVAGE (Pr a.ttler+J I A X UMBRELLA LIAB X occi N Y Y UM810001653?01 0/2312015 8/23/201B EACHOCCURRENCE s10 00C,000 1— EXCESS IJAO AGGREGATE S 112 000000 7 DED I X RETENTIONS? Vlrein S D WORKERS COMPENSATION SE PLOVERS' Y WC2Q964860401 4/1/2019 4(1/2020 X J g Ate' { Tu -re i I aa J S. H AND LIABILITY ANYPROFFMETORIPARTNCERIEXELMVE Y E L EACH ACCIDENT S 1 DCO MO --- OFFrCERIN£NSEA EXCLUDED? 'Mandatory In NH) ©N t# E L DISEASE • EA EMPLOYEE S 1 000 000 4 yrs dean be under DiEscRPrlgrl OF OPERATIONS Wee EL 7: EEA E-POL:CY LIMIT 51003000 0 Rob *Nona! Polelen LIAR Retro DER 211511 EEO 7930075900001 2!18.'2093 .7 ._„.i EachOlmrADFNITN Decimetre 2.II000002.0C00C 15 00C OESiCR1P110NOFOPERATIONS rLOCATIONS/ VEINCLE$ (ACORD101,AddllimulSmartie acMdt mybeattadMd'moreepeesIsrequired) CANCELLATION For Informational Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED PLIES BE CANCELLED BEFORE THE EXPRRATION DATE THEREOF, NOTICE %MLL BE DELIVERED IN AccoRDANOE WITH THE POLICY PROVISION8. A17TleDRIiE o REPR E.E NFATi V E ACORD 25 (2016103) B 1998-2015 ACORD CORPORATION. AB rights reserved. The ACORD name alai logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS Executed in 1 Counterpart 1 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Earthbalance Corporation Mere Irani fun Ranee and address « legal litre of Cenusetorl 2570 Commerce Parkway, North Port, FL 34289 as Principal, hereinafter called the Principal, and North American Specialty Insurance Company Moe Innen fall name and address er legal lith of Suralrl 1200 Main Street, Suite 800, Kansas City, MO 64105 a corporation duly organized under the Taws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto City of Tybee Island, GA Mere lanae full name and address or legal stele oI Owner) 403 Butler Avenue, Tybee Island, GA 31328 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ ---5%--- 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 Stye Man s,tlname, address and delauaRw;rte Bid # 2019-742, Dune Vegetation and Landscaping (approx 154,700 sq ft of beach Dunes. Required to supply, deliver and install various native saly and &ought tolerant grasses, plants and sea oats), From theAPierat Tybrlsa Street, South to the 19th Street vehicular beach access, City of Tybee NOW THEREFORE. If the Obligee shall accept the bid of the Principal and the Prineipel 5hatl staler roam a Contras with die Obligee in accordance with the terms, of such bid, and She such bond or bonds as be opecibsd itt the bidding or Contract ooc u sets with cod and sufficient swede for the fa€ttr#W performance of such Contact and for the proms payment of labor acid furnished in the prosecution thereof, or in the event of the failure of the Principal to enter wilt Contract and eve such bond or bonds, if the Princip l shell pay to the Obligee tete different, not to enweed the penalty hereof between the amount specified in said bid and suds larger amount for whish the Cbeee dealt in good faith contract with another party ro perform the Work coveted by said bid, then this obligation shall be pull and void, otherwise to romarn in full farce and effect. Signed and sealed this 3rd day of December (Witness) Ad lana Melend Witness Earthbalance Corporation 2019 rPrincipaf) V LLD'?r�e.�-t (7it)e) t5eaf) North American Specialty Insurance Company l,n-� f�1 (Surety) . (Seal) C�€D f as j-1—,Til) Jeffrey W. Reich(, Attomey-in-Fact and GA Licensed Non -Resident Agent AIA 00411 T A1q • SID SONO • AIA 6 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 7 41) Printed on Recycled Paper spas SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON iNTERNATIONA1. INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North Amen= Specialty Mumma Coaipaay, a oarpecsdon duly oeganfeed and oxtsd under lows ofthe State oMNew Hampshire:, and having its principal office la the City of Overland Park Kansas Ind We rhkigfoo c i*iic lel Imam= Company a corporation orgseh od and existing under the lows of Ute Slate of New Hampshire and having its pnfedpii office in Uro City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the lows echo Stats or Missouri, mid having its principal dike In the Ow of Overland Fa*, Kansas each does hereby make, constitute and appoim: JEFFREY W. REiCH, SUSAN L, REICH, KIM E. NIV. TERESA L. DURHAM. GLORJA RICI4ARDS, CHERYL FOLEY, LISA ROSELAND SONJA AMANDA FLOREE HARRIS, ROBIN P. MINN and SARAH K. MINN J9INfLY OR SEVERALLY Its arae and lawful Anornay(s)-rn-Fact, to make. cxeaul . seem and deliver, reread on its behalf and as its else and deed, bonds or other writings abligsiery in the nature ofsl:end on behalf orcach amid Companies, as surety, on contracts of suretyship manor may be required or permitted by law, mattladen. contract or otherwise. provided thin no bond or undertaking or contract or eurelyshlp exceeded under this authority shall exceed the amount esti ONE HUNDRED TWENTY FIVE iV TLLiON ($125.O1/0.000.00) DOLLARS This PowerorAthiraey h minted mid *signed by lhosiaracunder mid by tit, authority or the 1b11owttg Reeolotiotts adopted by the Bards or Directors 0Narrh American Specially itgmmsaeCompeay eiid Washington lulcrn,tional Insurance Company >it mothers duly called and held on March 24, =DIM %Miert trainee Caspovrelion by Wass Caere arils Executive Committee dated Jablit, 201I. "RESOLVED, siert soy two probe President, any Senior Vice President, any Vice Preshlenl. any Pulseless Vice Pmident, the Secretary or any Assistant Secretary be, and cooh or any °Mem hereby is susttorlaed to ertecuie a Poser or Attorney qualifying the attorney named IntheOven PowerorArwrney lo etoctntoortMoir ortheCompany bands. undertakings aidallennsechorsuirty,midthateachorargrofthan booby R oulharterd to attest to the mention orany such Power of Attorney and toattach therein the seal elite Company; and it Is FURTHER REVOLVED. that the signature orate* olfieore and the seal of the Company may he Mold as any such Power orAttomgy or to any cordSealo ra>afiag thael, by Illegrank and any such Poivero[Atemgy etcciiilieate bearing stools fbwimile signatures or facsimile seal scall be bhtdfag upon the Campagr wont so snood end in the fissure witlt mord* any bond, uadenaking ot.on fact orrniety to which it a attached" sky eaq..r O dda e0e, Miller WNW i Arnim 9reel,Xy luuna,s Cme,q aru1,r Vtrs frtdFkwr dernnpe►n tarimin Omissive m w.ea, i Eleni' VVIce holiest r VW PRZ1114111 ifICA�K..++w Cm4+mr IN WITNESS WHEREOF. North Areerioan Specialty Inauranca Company. Washington Internedoad insurance Company and Westport ins armee Corpnretios have amused their official seals to be hoietnno alined, and these presets to be signed by their authorized officers this this 22nd day of Ftp 40 1s . &me of Illinois County of Cook ss, On this 22iii day or Mow .201: berme me, a Notary Public personally appeared Staves F. Anderson , Senior Vire President of Washington inkmational Insurance Campy ars! Senior Vke President ofNorth American Specialty Insurance Compen7 and Sensor Vire President or Westport Insurance Corporation end Michael A. lin Senior Vire President of Washington International Insurance Company end Senior Vice President of North American Speciahgr Insurance Company and Senior Vice President of Westport Insurance Corporation. personally known to me, who being by me duly swum, nekaowledged titan they signed the above Power or Attorney as otrcors grand acknowledged said instrument to be the voluntary net and deed of their respective companies. North American Speelairy Insuring Company Washington Internatlorsl Insurance Comp. ty Westport insuranceCarperatien LAN M. Kenny. Notary Public \s 1, haw Goldberg 4 thadulyelected V1Fe President and Assistun Secre of Noah AmeriemSpsaialny IroursioatOmmory. Wasimrgtas lottma cored Insurance Camper y sed Westport Insurance Cnrpor ltoo do hereby genie, that the above and tbrtwohm as a ince and comet copy ore Poser of AUorncy given by amid North American Specialty insurance Compaq. Watkin Ion International Iiraamsee Comply and Weepers Intone= Corpoeaton which is edll in MI force and effect. IN WITNESS WHEREOF, i tweed my hand and omired the seals orihe Companies this 3rd day of Oerember . 20 19 , harm G.( ¥k, N,adw! .l�a..r ra,.a.r.r W I.4w.�i�l l�u,wn h�1r7 & ir, tiw,fer W1pj.'I Iti.Ary! Nks 1►rd.lh Aad, ku q.tWwa[lw�r Cegnrr RIM -_ End of Proposal Package -- Page Left Intentionally Blank 4 , FLORIDA SURETY BONDS, INC. December 16, 2019 City of Tybee Island, GA 403 Butier Avenue Tybee Island, GA 31328 620 N. Wymore Road, Suite 200 Maitland Ft 32751 407-781x--11 Fax 407-786-7766 8B8-786-130ND 26631 Fax 888 -718 -BOND 0663) tivw.v.FkridaSu etyBonds com RE: AUTHORITY TO DATE IIONDS AND POWERS OF ATTORNEY I'C1ncipal: I:arthbalance Corporation Bond No; 2295667 Project: #2019-742, Dune Vegetation and Landscaping (approx 154,700 sq ft of beach Dunes. Required to supply, deliver and Install various native saly and drought tolerant grimes, Jeal• Sir or NiadamPlants and sea oats) Please be advised that as Surer} on the above referenced bond. executed on your behall i'or this project, ++e hereby outhorire you to insert the contract date onto the contract bends and rimers of attorney. Once dated. please email to me at teresa@floridesuretybonds.com or lbx a cop) o1'the bonds to our office at (407) 786-7766. Sincere!), North American Spedatty Insurance company . VV Jeffrey W. Retch r�llomer•-In-raei and GA Uc eased NonResident Agent Performance Bond CONTRACTOR: t\ rr. Ikt.rl4,lu. dm/rrldrr7,1 Earthttalanae Corptxadon 2570 Commerce Parkway North Port, FL 34289 OWNER: Ph: (941) 425.7878 \ae.re. r.•.,fi.r4l:vu City of Tyner Island, GA 403 Buffer Avenue Tybee Island, GA 31328 Ph: (912)786.4573 CONSTR[.CrION CONTRACT Executed In 1 Counterpart(s) Bend No. 2245667 StR1T: \.1.6r.. {,.lt'I.,/It .rnJ/' itiatol pilre el ,arenrrrl North American Spedalty Insurance Company 1200 Main Street, Suite 800 Kansas City, MO 64105 Ph: (913) 6765200 .1tm,unt: ($135,93.15 ) I) nli:u.n: #2019-742, Dune Vegetation and landscaping (approx ,\,oar de11a..,IIxa1 154,700 sq ft of beach Dunes. Required to sappy, deliver and install Various native saly and drought tolerant grasses, plants and sea oats), From the Pier at Tybrisa Street Samir to the 19th tbeet vehicular Mach access, City of Tybee Island, GA BOND 1);ne: ('to(e rrl%rdt,a { uu'tmifita Pak) Imunnt: ($ 1355,893.85 111siltic;uiilns u. this RtimI: CONTRACTOR AS PRINCIPAL. x:,InI rnt: ft.arfverrr $.10 Earthbaianoe Corporation Srt(::. turf 4.4C rirlttuun:: Name Name Jamey W. Reich 1 and Trrh::;' 51• 426 nntl'l iris: Atson ey*Faaand GA ttc NonResident Agent r 14.4 ,r„'.•&anr:.rl l,IJ.r Pur. .. nu !/�.' I.LJ f:rt+• tiller t 1•ronaturRi !kat Tguiries: (4073 786'7770 See Siva Ir. 'Ibis tlrrt:lrncnt lm• Imp( mot k•}gilesatteytnnt s.i:rntsidt&iurm pith an:au rtntw r cncour,iged 7th respect It* LIS er,rnpletiunt tkr ern,diFn atir,n. Nut :Angular reference ti, :r:ntmetr, rr, Stiret. { )tt MT r M 11 her pant ,hall lir et insillemi plural a here applicable. litre►Ir,cumcnt crnnitates !MIk separrn► lit mil... a It►7lunternee lir knit .nttl :► 11,1t mimi Mind. into one harm. lbu. is rtln :1 :angle ernnl,ttt dPCrliamuck•:rit►I P:tt mem Moil. St RETY t:1,mpao2,: Ir rrlgrue North American Spedaity Insurance cxmpany t!rJRR1\t'takll 1t7ii\t1\l.)— .rr•d.,.- •n'+ AGENT kir BROKER: OWNER'S REPRLISLNI`ATIVII: Florida Surety/ Bonds, Inc. r Irhil:l. 1.warmtrargiber j•.alt:; 620 N. Wymore Road, Suite 200 Maitland, R. 32751 Phone: (407) 7867774 B} arrarmement ttith the Anttwican Institute. of Archki cls. the Vatitalul Association of Stacy Bolsi Prudutxrs INASI3P} tomu.orebn xttgt makes this km ducumtai mailable. to ire mantas. otlitiabs. :rnd associate; in KiiCmsoli Word Frtnrtut For use in the regular ixturse aunt.. businais. NIASBP tiuurin.•s that the original wit of 11tig document ccnIbrrtts exactly la the kW in AIA Doctrinism A3 x2.2010. Pt: innan 4 Bund and Pa?mitt Bond. Su Subuzquent :rx1►fil ia:aricros:my he mace to the a'igimil tot of this tikcurnau by users. so onMLil en, ii. ul' its aordineand ctriculittiiun.ti iah un :atonic), an: cneuufat ed berate its conviction. =gentian or awcapium . } 1'Iri• (:rents:itror tutor Soren, jt,irrtli• sold sdt'prullr..bitxl Illetnv:rtrs, ihttir.lielht,.e;tfctnott±, administrators',bLiCee $ori and 1101Ans Kt the Owner for the perFn manee•irf.ihe Construction nt iii , ttftleh is. incorporated berttin 1tr referent e. S 21 P t riv.ctn,trdcinr performs dug (ons imctic,n C.r minuet, the Sutter~ nail the t a rntrne:i tp ahap inure to. riblimliran t un1cr ;bis Bona. esetipf uhcr, plofhl -.ttu •P.irticipiae suit cwrikrence as provided in••lec:tlran 1 3 Il Ibereis: nr, f hrn rDefault tnulry theS:onstrimitin C:uttte::Cr,;he:Surett•'s nE 1i itarn tinier this ls,,iut shall arise lifter .1 the Owner lien provides make tsrlbe,Contr xea•md rlie Surely 'ha) ail! I n r i cx i j frig det:lnrinr; a (:rintracti* Dead'. Such NAV NU) erh1.•ther the OwnLais ngtleeatir a•axntierence among •the Owner, i,rrotr;n ri r and Surciv tel thstliss thus: (:u stnicttlrs perOE mgnee. lithe Owner dt1*R aur recitmct rs eun1crcitce.lite'r+rsret tmiv, n-ithin ii i- } busine tlstys.after rc i•ilu nitres t*In s mice, nalticstsuch a t:i,rrfereneti. If the wen is i h'ieIs rt.•dl iii tc a etanfeircin tl (Una -skit :tt1w,ia, I,intev.k int. 4'fi nen art,vt [ATerwiFe. nti' 'conference livlumed ander thisISectirn,...1 i;hnll be held irhin wii (11 -business days. rif thr Survtt:'s receipi of dry il•hritGr`:s.nntit v. If the (:rings. the Gummier and the Surest Atom, the (aatu,teror shalih tillristrd;item uttsliIi• dine ti, perforin the Construilionf:onfract,.hut such art ape anent shall ni r ;mese Hie ()iti ncr i~ph ij if gn}; aiibitcgtieml± hi deelati: a C:omme nt'DeGwlr: .2 the. _/:ietterdeelke.*n 1;rint rwitornerd tui, rennin,c3rcithe x:r}nrtiri1Ctk n C;rrnrriet and rnflikks'ibe'Siircls: and .3 the l h,nei hgg.stgreed tcrpra) tate 13sdance of 11rrdi.r matt .1! ice in accordance with the term urThe Cntitauciirm Cs,itrrart tit the Sunny onus avontr,icyrreselected in 1+er:i tent the: Crtnsrruedisn tnntrscr. 4 Nikita ton tlti::piet.of ibe C>renttfit :minat with ,rhe tinticc regt>rretnern in• ctit in 3.1 shall tint enlist -Little a fiue re) ce,s',pl .mithacondieiun•esus'on.t.httheAtret}'s•ed,frlglrinns.orreltap:etheStlret;t: irrltreitstihNliki s,ixirpt••tothe extentshc Surets'dennunFtratt.s actual melt bits. $5Whoa the () ttcrhas s:riisftedthe eettiliiitini; in;1.riie•Birth•shifllpromrilrittdatte•SuretS'.s.e:epr.'tu:trr:il;i� one.tiirhe it,lltsnit :nxiunte § 51,1hnug for the C)intractt,r, Frith the cr•a,scnt-uftlte 41►,•ner,,ii pc rl"r.rni ansi•rautnplete the 6:drnsttutaion-t:tent>nit. 5.211ndeerritkt to.perform anti compleie she Constructiontkituract iixcll: aha u h int .01.I t'n nr insleptitiient 5.3 tibiain bids tn. i>Gsirxiatixl pry lion is fromt•civalified a,nriaciuea atx-Tuhk to alit ( /MILT fur a utitttrsrt t far performance and convict iron of the l•.rnisiitistiuii l:ttttirrace..trixng fir neennei* t rn he pre pared liar tacecution Its the I lwi .Inti4 et int mkt sr uckcttcd stiizh fht 4)woes's outruns ace, /6 be ectiitxi a iili•lttrliittitsuttar.:ind purmtsit builds mewled .i . qurdifirtl surety mitiiralanr ret the brinda Issued tel the (n.11t m:t.:unte.tet, tind pay ttithc flwner the amount elf flaitatgds-ns tleywnitedin Setction "in c•seear; of the rulers [If the (:ui rtuct Prtce itte mid by sloe(lu•nee':* n result of the (jrm icrne Befouls: cit § 3r4•llaifve ir* dii hr uperfiinn:und•er,tnplt:tc, rtri:etw C>tv utipletktiiotr nliriin>ratrw contractor nod with' irrt;oiwirle pr{mtprtti;ss•rtxulcrerrsiir�u• ansa; ,]f ]Flee inn:200m ddx4tmline,the.:mom for whi> h it -rmi}• he li;tltle to lit; i himerand.:i?soon os itricdcab1c after the amu•unt•i.•t deic eui f nake paprient to Mr: t to nen; ter 2 Dens liitbiiity in whole nr in part and notify rho ihvtrr, iirin tlu pe»nns for denial. $ 6I r'ihi ~unser doss not mewl 4s ori ivkit:d in Section 5-nith n i i i lini.inli mess, the Sun.ty dein be cieenwel in he in default un -i hiic linen seven days after 1ix•cilat r ti an additiorusfasritti; n e 'fiat frim rhe Owner us the Suety durnandinzOttit the Sinal fief:trrn itis nhkinii,nsunder•rhis flt,n l.:Ind.thc't7wri^rsihailheentitktl to calm! l,1 • remedy ed inai1 ih1e rt, geedhrner..•Ifdie Slur pet*retia ea• nvniiitxli'nSecriein soul the 1;luster 0..11kits the payiiwit.•nr the Sufery hnsiki feel rinliike. in whtyk 1tr in p:i'rt,wiihsnie (urrhrr.itntine fhtitJuner:tb;tll h1 wielded nit eitfspi-i: any retnedravaibilil : to the (7nrnca B' strolmiernild tenet the American Instiirnd vl` Arvhittris, fit National Association ofStuiy Boast Producers (NASBP) (uwttr,i}akitgstttfl mates, this Corm document avtrifitble to its Members. afiiliults. tied associates in MicrusalR Word format fur lass in the ttijular circ. o1 wz tv tniisinem NASBP vatrr7les.thsir. the original w t dr ting documgai ct'nfdirm i vuiectbb to the tda rte AIA DOcument A312-2010. Performance •J36o,d o d Payment' nr Bnatf. Subeequem1rsdil'icaticanmata•bemst1Fto. the' htildt tldocurinniinnwen. sa•eurefulrawieWof its wordiusand consultation with an atttartn7 meet txrnl{e t! Wore119-carnplaiielat. cxer:tui<n mac:celttratnr:. 571fthe Suhtr•ticettkitratrunt1CrSecticm..Ii52tn'5.1,tlteaithereivimtAiilitit'atnf'thtr.tiirrctt►(ritethenershallanttt Ire greater than flu tel ,il'tired;rini>iicturrittcltrthranrn tkitr-f.ntur€iv;Kttilthe rt. ptinsitilift t,fthe ('peru,.the Soret'' Shxl I mit In wester than risme of•the 11}torr tmder the C,tinrtructirm P;tmitact.•,1ubjea tort etran'rmit> ient Itr rho(1.Wrier to pay -the liitilttttrc of the ti;artttaft' I'rice,.the ?mets► is ++ltliguetl;-1►ithuttt. tjluftli`s;:itiattt, for .t the rasprmsilisliiux t if tint t•;itnttticttte for correditniof A;fectisc nrk anti conviction t>f the rionstrucrioR i.tmtrut:r. .2 aalciiirm>tl tk it wrail itiiil riul tick crises fit>trlrin}; fiOn'ti:rkr Colttmetni$' 13yfultr,•und msuIting. Furan tlic•stCrit4151•pfrrtiltirr.ri=:IUUuf rite titular uritirc Suet "[M. S: sort .3 liquidated cbi nttr es•,itrirrtet3ieltiidsted diumt;es are ipecifict1.in the C:tinro:ycium•t;trnri:icr,aerual tit€mttt►ts •cstu>xil lir• &bleed performance ow et in;perfortnance untie Contractor. St 11 rhe &wilt ch,utt ru suit ouster &r:tii sal a 53 or 5.4. the zitrr tt• :Iiibilw t' Iirnittt l err to snit -runt til this .lit roti. S-9 `Che-titartcly shrill nor 1x hg ,ic to the (liitY *. or'ra114rs fete axtottioriparhe [:r.Orrstetttritua are iron t' nvil tq..the Construction (:lrtttrter.and the: Balance nfthe Contract Price t til eui lx• rc itct,til ter et.o i onaccount of nm such unit-Ian:d u>'il'iltstiniue. No eight of arrin t xhal l accrue on this Bond twang person •ur entity miter-rhan rho Owner or its•hdtw. usecntrtr>t.Aministraioes, sueee:sois.sncl assigns. S10 The:Sim hereby w:tivix txirked any c.hiing . iticitrcfirg.tlt;rnws•siftiroc, ci the C:nlstrucdon Comma. or to n:Inted Riilxinturncc p;trabafr•rmlcrsx;teal rtthrr.riasllgstirms, 111 1 i tcc ening hid ur cytiititldc, entire this Bond troy be insti[uK I.In any cc ion of competent hitesrlictiun in - the rtc[ttiitn•inWhirh•t6cntprk•nr iirt>i"fritewciikis;.incatw1acidshallhc:lm:Mutedvt`ithint'tiic:tertrsaftvrn (Icelandic/ of (:rtrarse'tor Default or within.tat•+i yr:arr; slier the 1:enntactor treni€t tl +ttaking or within nal year Of* ilex Stampor faiLc u pettonn•ias rtlsli atn,tu•under iitii: 'kind, whichever keel= flat. if the pa -n unx of -this 13trtrguip6iis voit1 ar .Prohibited by law, the ttutristst>tit lirrittal of limitation am krill: to snoLues aS v defense in•the jurintlit:€9t4ti of the atitrt;ltnI1 lw,>pplicaIile.• S 12,Nlitice to The 5urt•tr. the t; htnc ur l he Citttrrtcror; hall be tided r tk hver, sf tr t titt:.sttTrlrtx•. sins n art the i,a m on which their si t:itumsppearn. S.13.1,Vhr4t.(his Road has bean tunii:shrci ituttmiph %lith a s.t,ssu€,rr; or itthtu legtrl re/vire-Om in thelo ntirni Where' the w A Int lair pts€jrout l.:tns proti n i v ni11icri€tlf'ith a?>iici-gL.II I tilt- or lepil t1tyttit i war• shall be(Im rtt•d cicleted'ht^ref[ttntanti rrierisii tqp cgntttirnungui such tttartitto titti3ther I cetal requitement sladllaai• deuiiuil inco p stn utl herein. Alien eo,f rrniKbcc1• [ hi: intent is shit this ilcnul shag Its•construct! ; s er xa[ttan[r•bi rn}i and not A St tnnsmttn la►s maul. $14 Definitions S14.1 R 1 mce nl dtc Conu c't Price. 'rite total amount ret wit t lw the L t wr to rhe t ant:actor unlet the rantstructi:uCtmtrncn:tfoxallpropersdjusnnetiiavebeea.arde.intlktftntit;Limanca to the Cno nenrnfIn ttstu,rattta•tgiaieed mar he eet.•eivcd.1t} the CSS atria Ken Muni at iota€nincr<nr.cutitr c6invi.fin.vrarnagrs to which the Cniilctrt„r is t*itit1t i . rrtlurttl.lar irli eiiiii tntl ftroper.pai anis c snide tri i,r i n hchttlf attic Ctmtrncrnr tender the C >tnstr•crctiamY totter. 514.2 Co110112ction Cnntrar:[. The ttgrtrrnn%v Its•ru t est the 'Owner nitsl•(arnt cto- r idcntifnd un•the cower p:ii n, including all f:anima t3t=Ctusnc nit >tntl't:h n its [rade tit the ayeantin rind the (;tinttact°Ttsttmctifs. S14.3 tonrr:tctgr• Delw,dt. Vsilure t,f rive Centura tr. Which irx: tU heen rnnttttlivd tir:Ava i\'et1, th.pt.rforni or otherwise to comply with a nnttxi•.1 tt:rats:s tf the (:nn ttruc inn Contract. 114.4 Or enerD:rnult,.1.:siluic of tete Owner, which has not bcnti tine l.i ur weivetl. itipa}•_thr C;ontrnt.•riir.as :reyttisxtl.atnc ce the t:tipa'ina:titin Contract ur'rtx perfmm•irtxl ct..gifilo .iir rump Ir with lite -other material burns t t? rbv (,nnstrttcticin t:rin[ratCt•. 1143 Contract Documents. All the document setas cetmpr w the egeertumt between the Ownu ;md i:tmtsacrnr. 5,15 It this Bond is j bte for. al alga eI 'int laSe., entdttti t.racittrant: xttlat�rtntract& Clic term t:ontrscrinr ld this. Bind Shall ha deemed tut lw Sdtlicunlrat'tnn ttixl• the term Mum stall tic tl cmnl to bet:ontrattrir. By mnuttgenient. with the Anytime' institute ofAlthicz1,4, iho het 1onul 1,1s.4t>ckitian .nr:Surcty Bond Prot:k (NA5132l ttvww.nashp.ori,l•makes ihis•Rum decorum avuihtble to ley members. idiihatim and ussveicttat its Microsoft Woad lbcmat Ili we i€t•theit ablttr comae ofsurefv bas'>tuss. NASIP voLithi that the origtttiil toil of this docnmern- onfm ns ometly to 1h tt xt in Doeuniritt A312-2010. Performance Bond and Payment Bond. Staiceq tart modifications be madcap tett original eat c i thig cicinsttcnt br Viers; so anml'til review of its ►nnrenl turd Motor atiun with an ttilurrit. •.:ttelmeutu :ted Witte its jnmpjinidn,•c.tccutian:or aceepttutee. §16 sIliicniirn m iIi tunki melts foi Itnytt: ayr.ye proftlill liek?i,firial#11Ful iftruktir4L If.adstra Prob*---eltxr-thir 11.46r ifradoz'ilfr 11M 011'eriNted CONTRACIt S PRINCIPAL SURETY Comps, i($rpra;gr mrony; iciorpeate Sada, Signature.: !:iwtatuv: roc anirrithe. Nam; and Aciiker;s: AtItiolgn By..artaigesiefil with the Amarkmi Imitate of An:Meets, the National Association of Sum* Butyl Piodueers (NASBP) ImaasbimaYmakes this ram doetunrct available to is members. affiliates,. and asocial in MoFod fondi remuse in lid lefaulareourse orsUtely business. NASBP' vouches drat the ori4inattal of this docomericonfiumseextasbt to the ma inAlA Document A51142010. Performance Bend and Payment Bund. Subseqtazt moclithattionSmoy Maderotheuttighial Leila Of thinkkonbmt.by met. so cntetill my icAseu r its slonrmg. and ennsultioion IviOr.ga quonterme eneatiragej re• imeomplinion, exccatiotkor acceptance: • Payment Bond CONTRACTOR: A.m.. / .riAdo, ow) .►.t1rt•.., EarthbalanO Corporal:von 2570 Commerce Parkway North Port, 9.34289 OWNER: Ph: (941) 426.7979 awe. '.;.,,' /.do, aly of Tybee Island, GA 403 Butler Avenue Tybee Island, GA 31328 Ph: (912) 7$6-4573 CONSTRUCTION CONTRACT l}oee �ntennu: ($135,893.85 ) 1)vsenptiun I \eN. did /s., mon/ Executed in 1 rt(s) Bond No. 2295667 Sl tiL:11. "\.t :!r '.tats .tr::f^rr.,`r:r'.tref:ar•itt••1 North American Spedalty Insurance Company 1200 Maln Strom Suite 800 Kansas aty, MO 64105 Phi (913) 676-5200 #2019-742, ane Vegetation end landscaping ( 154,700 sq ft of beads Dunes. Required to supply, deliver and Intel various native aaly and drought tolerant grasses, BOND Waw and sea oats), From the Pier at Tybrisa Street, South to the 19th Sleet vettliculir beach access, Gly or Tybee l)att•: 0\101 exiirrdue (.,r (aa/r.,. • 11 e%• t, mount: ($ k355,sgl85 �1rulliit tlitrns 111 this B. Ind: j( Ntxu CONTRACTOR AS PRINCIPAL t.trttslt:rny r( a►rwrue i' ,r•. AT Situ uns Ili 11titr 3rcuntint has unpe•nant 111411 ctuuc•yucnces.I:tmuthateas ++tth an alrt.rm•+ » cnce.ur gal ttinit n+p i1113Hsrunlpklurntrr nst rctiftc:un'n. .1m sutgI 1r n IiT nt t li r ;tm11:lcyt W, c )u rum t Sr usher rant shall Iw ci'uidv'ro.1 plural ahtIt ap.itcably. 't'hn' diFeirrnr.•ru cm mrihrnvx 1Nu se pantie hutulr. a Prrti trm;Incr !kind and a 1'a}mrnt bund, out tme•firflLgbh. trtoNtl .nigh ttns:hint•tII'crli'rummy and Ninon ilt B noel. SURETY 1 :Irmp.im: fa.tigiii rl: tali North American Spedaily Insurance moa 5 tiPCA7 Eerthbalance co ration sigrour, "7q Stgrral tore %,/, \:Imi•with # / d Name 3eftrey�irTrserctr- :md•litlt: and Tule: Attorney-ln-Fact and GA Lic. Nordtesident Agent r to .r./r1//I'm,i:.{iwrrarr• a/re►rm, rte r,trl/;rze.!tr /lri. !'.ttrao! i:, Inquiries: (407) 786-7770 r1•1)1( !1!(/NM 1 rr\I}'— \dime, Aar. ,ild/r..piffur, AGENT it BROKER: OWNER'S IiEPR1SSEN7'AT1V1?- lr.lr• . t.n',.i riraib r;.t/ft:r Florida Surety Bands, Inc. 620 N, Wymore Road, Suite 200 Meldand, FL. 32751 Phone: (407) 796-7770 By xurn a im.' t Wilt the Artxru mn Institute ul' Architects. the National Absttcietion of Suns!: Bond Produu a (NASBPI (ttthLt.mish .urt,g) monis this form document ataiiable to its mi'tnit' . u#Iiliati . und at+"suuittka in :Microsoft Wont Ibnmi for use in Ilia regular [mime u uistm.i burliness. NASBP %ouches that the nrigitr,1l text or this &tear mint conform:: emir* to the ieat in AI:l Document A312-2010. Performance Bund and Payment Hunts. Subsequent inudif 16tH ions may be made lu the original k11 alibis duausaxu by ums. so laurel ul nn ism lir its eroding and consultation is ilh an uuetrm y am =Aimed beton: its completion. +att:ctawn orAlan plwu's. 4 l..i'he ':iii (nlcsrn and Surc4. jointly used-rercntitti, lvtrcl tite:tn•eltt sete'.cutpr ada inisamlhrs, success+ rtF,::ncltieci};nstitthe C1rinertet 04iia'laiior;mute.Mla;ande•gtiipttentftrdiriche:lfor ut.iit•theptrfurruinir of the (snstruci n Contract, which 4 nnciAlrrrtted. herein inyriletctiCe,-rtlliiiv.tothe ftsiItnein .terms. 52 Ifrhe(: nIntrinrimintptlrintim po m:.•ntstfallsttncziueu,Cisint:snitt,:inti'sirfimh.indemtifiesane:h+r(ds h-arnietts-ihc t7nn>:•r (remit claim doryn 1. furls oreluits. lsy any pawn rtr.l' itut ' seeking patminl forlreltekr; msitt'rirlLr sir Nuipment fuenkhed for tete in Thu perfcrraitnux. cit: the er.ntsrnrrtir. eta Cor irssrt. then the Surety ond the t:t rnnwetar shall hate tltiit.Bottd. .53 IC thErre is stn Lhener44h duct trader dw trtuyrrurt im(tin'e'd':. eile= Surety's nbl'm uion.titthe t)n-ner under this I3insi, nla:>)i nsise after the Owner figs rum's* ruttiiiicd the Claimratnw and ihc•i urety Ott the edam -described in tiecricsn I :1) of s:fait.ilemausls,.)ien:r titT:ileiiaf a� best the.f)uttesr or the. t31l at74's•litytperty by tiny lierrun tn. mum' seeking ixsytmtiu.fia'•L•ritor,n ii'Tial': to oyes}pnirtttfamished foruse in rite pls'liemiiitt:CIrthe L;tit-tslrssctlpit•t'tanttttt:t• and tendered tiefirtutts u(attc'it.c rots, ti+`•tnerkit, liens or:mite. tf.: sire Ca}rn m tpr end rhe Surety. S.4 When the: lamer has samlisiktf the cunelirionj •in .titrciiurs:l, ihe•!;ortsr shall pit nlsptly and nt the S'to'p espenste defend, ittclentnifr•and Withasm ess theh ner:t,Ia>•minsl a duly wealth{ claim, tkm:itul; Hen ur' trir. s Tile Siircrt,.'iw 1,440110 ret It Clint:tor untler•this HoodxhaIIArbil! after he ftt[Itnvitip; .3.I'(:kiunstnttr, trhttxkr nt.s hfive a directctnttracr kgth rite Contrat'trs4 .1 htscx ftsrnisheil st +Thiers )r ce .r. if ea ver -p syttx•ru to sin •tetra sit:tr+r: irrtiiigat'ith stmlai;tinti:ti nret racy the ainnut1T eichiii;1•and the nshnr trfiheynny ser wh mt•tlte mktetistlr: glut. tir esluiph iait ►i ti.'. ftlini..'hud.vr suppled kle.fnr''•loam tlitr•iaiittr out done Lor liertile n1c11; kvitin vinery (7tly_day'i after ltitri> ; leis' perfs>arwc1 IahiYYt,r im i furnished material's or ixitii}tn ent int:Iutlal-in the Claim; haw sent a L:iim to the yuci;t}- i at the address dcscrilttd in:cttki '1 ;). 5.2 (Minims, rriin an-cnipirg- d by i it lint/ it tflrL`moniUriel nth rbc l:.inneactokl have AvIr4 Claim rit thc•Sureh (at the address described ibed iii Nettiiin 1 -5.6 If ii melee uf.iuiu-p Ment minima -10y Antion .i. i.1 is given br•nce -Owner to the Curitr.tetnr, rima its strs£�fadcist tct- sniLiika Ch irminT'ss u%iiggutitrn to furnish a writ' s.•tt.tre riite i d rum- .iyment under 4c riffs' 5. l.l. S 7 Viten a t;bitter nt hrstixatisfied the 04.€410ns 'of eetiona 3.I or 5.24 u•hichetvf l tlppslieWdTir, tbeSltrc-[n'shall promptly pail est the 1I crt'a =Tense i ttiiu• the iralicntitr4 =dome 57.1•:funsJinansweerothe (:i.-sst»tux,•withitcopy to the•L;Frrnci within shay (MO clays-rinerneeiptttfthcClaim Axing the amitiss18 that are undi2p1ued and the Innis for dstllenging ant 21111 101161.0w itre d't3putelk and 7.21aay.Tirsarrsin ±formas 1111:61 ril•;sity unitispurtdstn.+stats, S 7.3'1'1: Surety's faun' rnelis:tlmr; , its sroltligntiluti_trntirr tictriirtt'J nrSi:crimr' shill tin be droned to trmrtti:Ytte awaiti's,•C rif detlinea: the. Surety tir {:nntr:truu mar L.A ur imitate its tir it { him tamp ns- to ittitirlsutcd arntiuni,s fist which the Stinal :anti Clajnuau liyaFi txsttiti it s.gti-tievat.11, buwet er. mhi. Sway tailsits aischarite lig ublil ttii3ns quiff ticctkm 1-1 or *Ours 7,2; rise gunny Aral! indnmifj- thy ChirYmini for the rensnnnirlre cttnrncy's fees the Claimant incurs their fits. nt.tecover any WM found to In duo kiwi owing art the:•i'.iuiamni. turn obligation shall not eser rt! die -Amount of di; toed, plot Oct amount- of ems nt:tltleatrtntrei's 14.1i prstri kd.'trier tfeetion ".3,w.11 the smkcrtenrtitThis, tfrnndsha11lu st►.•tiitke1 [inr utv pa►menmsstntrir in miisci 1 ilii' h4. rite Surety. 5 9 An1rlurint owed inti rhe Owner tit the'Contracrnr under the C:irntitrUititm La•n'''e'' ;hall be u1cxi ffrr the racK371rnttuct:ofthrt;irrntir nc,nCrmtrict.andto Mak Aunts, if soy, tinder tltq•tOlottxsetion}tcrrnmtnce1rrta.d 'tau i.:unnaetor furnishing and the I )weer stkeepi in; 114 Burnt they ramy Char pill Itnultc raring fik the LisrtTrrtrttrr in. tllr tac+rf'rrrntttue of•ihi Lnrastructirm t:tumatcr :ire dedicated to solidi- obli irnzrn of the t.ontnectur and Surety; under this Bond, subject to the Ei►ener's; Nitwit)! to etre the: funds -tic thi rnmplctirtn of mirk. By arranyonent with tate American institute) f AtvhiT p a. the 'Notional 11.ssuCiartun of Surety B'a'rd itMtltty$. 1 6 ;11A513 '7• lit ww-Tsashpa ri4 nal this -Ram tk in a nt uvnilalttu lis ilii ntetilhers. uitliates: gad as fates iii relliiasoll Word form& for tic in the tiusiltsr-;eittitse'nfauir k 1x101e . NAS?F vomits that the Original tmi of MU document i onftirms imbed), tn.the mast hi AIA Dominant x13'12-3014. P rrntmanec Bond and Pdyftcnt Banc!. Sail erfue nt Incadli-tcutt mit bg:V& coax O. ittifial ld%t Welty loci ment.by MM. so mrellil rev*" of itswortlineand consultation with sirattomty :initpvr•4gittie ltitwcompit exetstliutt at WiWV,, § 10'r1hc Surety shall.ni,l beli:ihlc rt.:thte F burger; t;_`ttinaatiut or lithos for tthligtaions cif the Contractor that ate untelaT d 10 dw C.tntStmilitin C War/. c#. The t)v ncrr shall not he Teiblelix the p incnt of isMriYrtis r sr cspenstr of strati• Claintai;t,undrr this. Jiruld, tuttl shall have -Bildt -7' this Irt d;ttt c ahC ticitt ta+ ittnl c, tarrticnls To; or gin notice: un behalf of, C latmtints ot:ltthemite. hare anr ohlig iiitatt. ro (:ktitnlmtm Oder this Ilatttl. 1,11 1.11turety hctibr wakes notice of ttnv cit,L,e, ittclut,Pagthatgten cif time. tti the [:tntatrvetistr C:s:ntract.or Its minted stthatinnitaa.pinehatte orders and other t deli t'trinns . 12 NLnC iir t it nation AAR lir;c tmniencittll by St.Claimunt timid this Bund ufllar t'ihan in ti etatrtrtrt11mpeteni jhd'dictitinn !hi. .i it in niILh ib pritieet (hat it thy subliv of the CtInStrnetiontiinintet lutereti. urstfitx. ;be impitatU 19 oConc year Tram tlic_tiaw CI; Can thi h the C.lalitrattt.scrtrsl a:isiinl tit the Surety pursuant to Section 3.12 or .2,xtr;21+in bkh the last labor or stryice vex perFrmnctthy anyone. or the last motels syrtippit nt were fumisiitcdht-argtitnc•under Ilii: GOn.3trutiittti t:nntmcl, tshlCltcstr t+f (I)•nt 2) 61 nrtur. . ll`rltp prorittiwis of this Pars raph arc rtrici rarttrcibildioxl by lair. the mitamntni+cruitldrlimitation available trasuretii:s at a dcll.ntsc ih'theiur;rdie'tiun of illi $uit sit:111.6 opltlicitltic: S 13 \mice Mk' tslnirnj.tra rlti *MeV. the (hater cir the (gear icotr :shall hi rnailet.I or."tli:lienr ti trtrtiiemidrttts ichimat• tin the rep on which their signtiture ttpptrst..lttu! t uiptttf cntsieraar VItiittact however aceomplishearstat l he sufficient txatttliilartte atafthe}hire redo vt L 314'Viten tlii:cRetailt tick !furnishedt5,ecimpls-vtirii.iss:rtu1.(4TnrtullerkJpilur'dothtratutn�rIhri the cutisttnietitna nits tet he perlortned, tear provision in ring nonci coatitctinp With t itel swum or Ir gel rcgrtirc;agent shall lxAtermed:dcletcilhcndrorrtttttd.-beth'isiiinstonfrtmfran-tf+ such. ttidirit1rtierotherlegal r uirenvertlthttlllte daeitittl tOcotrroueti herein: Nyh n so furnished; ti c lote to zs;kat rhitrls,md shall be rxtnxtrued ds -n sumnot} bond and floras n roatntrit Int G,Intl_ S 15 Upon rt ytttiti lig any, person nr:•ntits ap}st•arang to lx• a pttttntiittl1ortefleta i of thus Iitntil. thc.C:nnteactor and t:)uncr thalE tenttnpli - furnish n copy r:l':tliis l3tmd ctr sladl permit.tt ctrly to Ice •Irttitfc. § 16Aofipitians 516.1 Claim, .1• ta•rittwa sun.emen t ler rite Clain -ant India]irnrat a minimum.. .1 the nmttr ttf ahe Claimant: .2 the bear of the Ito/dui for w'htinr.thC blur was thane., tit mit Willa Or ctlnilsanctit fitenisheth .3 u toff cif the ttgrtl;mcnt` or pureht C mkt pursuant to ashtelt ,t urC1 11s nr Cqulpment was t'urnisfired fix uSe in rias J .•rtimt>;ittcc of rhe t u n -taction -C irctlntet: .4 :t Iirufrlesseeiptinn of ilus•lulxtr, materials or equipment Ctnatinl alit .3 the airy on trivclt the Claimant hist:perfrtFittrxl litlutr arlstst (uui shtxl n re ills or-rytritmienl fur use - in the perfrir mince of d C :tone eth in Contract: .6 the wawa Atli i1J t!'l i• thr't:laititrnr Este !Atm. Tttateritzk',iis elltiiJitnt!r3t rurniihrd Its t rf the [lint: of the I3ahrs .7 the tottrl:tnmttot.itf pntt;iraus pavmttnts rtcciretl.lrti iht! (:'1ab iltni; tinct the total amount clue unrl.tn,ptsul irreht i:L•limant fear laI>rrr, naatet.itils or cipiiptmtau furni%hcd use of tli ,alatr ri rltt C3atrlr. 162 Clatinton., lit itt;1it'idual oral thy having a direct et;I nraet•with•i1i (:tn?rrnctnr or with a subsonlutentr t7f the Cour neittr tit furnish hrbtar, tmiiv ials or equipment fur use in rhe-pettcnrrurnt:e order (:itrt,$trugicrn Claimer. tarn (lame rnt also includes any indivitlual,rc whirs than h.la ciiitfully anattleti a t laitn moths. nmsipplimlrlc• mcchunies licit ctr,k Indite smote alphas( the•real-pi.operry Orion Avitich the Penitis et lowed,. The intent of this Horil Amnia: to include without lingua -ion in the r[Qrra+ "1iLbur, ctntntrkds arc i iuirtent"'tlan" pari of -water, sus, pr:irc:i liiht. K.0, 101, gasoline, -telephone ;cilia! or rental egltipmtnt wed in the C antint 1cm (:ittitim.t., itrehitcctural and tall,*Irn til; aur, ic«ttcyuirctl liarpetfistrnrant:eorrbc valid: ofrhti'(`firntrictnrand the l:curmretor's sub nrtrtcrt re,atnd all other item fair which u nxrlmnierslitn may be mimed' In/be juri•diction what the labor, materials or estuipentatt trete ihrnirhtd. 516:3 Constluvtion Cnnirnct.'I1i to raeritu tit how= !kw Owneramd €:tsntrayntr ujtttrititYIc n dit cnu i page, including- ill-C:emigre I)tnxrmtnns ;tnJ nl! Cliticltws.m c4k tic the t rreentent tend the Contract l5txrrmnatts. By extungesnent with .the /warrant lnstiuog ofArchitects tlw National Association of Surety Bunii Prwucevs 7 iNnsF3Pl:ittttvt .nosbptlroniake$11tis form ducurnent aamlktble to fut.ninibr anirttp.v. tinted ossilti.a.wsin Klima Ward fiinta it for Use in the. !mule entrst: of surely nt s. ASEW vouches that #fc•wiginal istt of this:docrartde conforms situ' to Iliek,tt it+ r<'tlir� 1.1 frnertt A3)3-311111. Performa ice Band and Payment Bernd. Syiiscilas111.: modifications may be matle:to ttfv original..te t•of this doctanenl by mem so =WI rn ie'ik or its rutttdictnwith vrt.atturay"ere meat end beforeitn empkilan. mecutiernrar uci.t:piait*. 616.E tenet Igl'ault. Irailorr.qi rhe (X130t1. whi 1} hkiswit is rn t'amediral Lir A leciLU rzq rhe k snittia `Is required tanticr.tlt4 t;atttsrst '!first !, nirt r nrui I+l'4i nl.'�rtcl-csmipirlC at comply with the-culiat.tuatedal twiolga of the r.i+dsstettelitm l:rtntshic1. 1633 Contract Dncrtrnenme..1II Are documents thatcnmpsite rim n x tt ix toren t t -a to na:r.and C.r�mtptrtt�r: S:11.1 le .03is .11nrclisIscsued Farrar stt> cementheuvett atCuniramorend rulictmtrec[t+t.the term t:mnrncrtu•in chis Eiutul ssfurii tx deemed to be ftdsenaur tet ur »nd r1H tcr-m MenerAtillise dec'rneril.tn IN7Vonlr:i lnt. 1E$ tluslfitattitins In ibis band lily as &sllim*: jlj a& it rwiefril is >for.l inor*ri etii ?.?iridki pirlia, abet Am aloe A!aubii nN die maw' P.451. CAINTRACTORAS PRINCIPAL SURETY Corn/may: glom*.l.wli c:urnpson f erim+Ir.sirrii Signal ure: trot tuec:: Nan and *Mir. Nims andy'irl. .kdclt tis: Address: BYarranginrait with the Airterean institute or&chip the NzitionaI Asscriptien or Strew 330111 Ptodt (NASBP) bri&vethnnr+1) makes this form lucunattl avtdiable to its In rrtia% etrilkoes, and assaciaio in htcrosoli: Wird !brim Tor rise in then silitr eaatae arson -1y bttsineis. NASBP i tithes trims ihl&.original teal or trhisrdpetnnerll t ntbrins)grat9Vlo lite scat in NA Medium A312,20141. Performance Bond acrd' Payment Band. Snlasmrcnt n ke.lif,atattions.may be made to kheoriaitnkl•tetct of tlrlsdaeumentby teas. sottuefoi rLwiew or i!s ttArdirat!ngtonsullationw 1t'anattorntyinc *monied (Oboe its cnptctirm..s riostianorr acceptance. SWISS R€ CORPORATt scrtvrioNg NORTH AMERICAU SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORTINSiURANCE CORPORATION GENERAL POWER OFATFORNtV KNOW ALL MEN BY THEW PRESENTS, THAT I.torih-Amerttat Spargtlty3ttmratstac tontpi ny.,s oporttticta dttlir.coganbtpd sod exisling sou* laws nabs SitlleetNsvy. ire, nnd:lmving its 8rincipoI otticvia tlia°CilyoFOuctitutdFatltj K tts'tted W Eton 1nier rnii tal Ins fli kke Company a caquitlorr� stall es g up tlerthc lei orlhs Sane er.Alett fistnindula trod batting lu pilooVe onion ir't tfte Cltx.arOverhtnd Pork. Kansas, lard %sport -longings Corpatnlioa.•argrmimed nailer the Iatvs oTihe Slat; oFMlasinsi., and ItavIng its principal oiltteee in the Closr.if Overland Park„ K'attsaaeacb dors hereby nab, constitute. end appoIn1 JEFFREY W. REICH. SUSAN L REP.!. KIN't E. NIV, TRRESAL DURHAM GLOR]A A. RIf HA'RDS, CHERYL FOLEY, EISA ROiELAND.;SONJA tANCA lORRE HARRIS, ROBERTP. MINN and SARAH K.OtINN JOINTLY OR SEVERALLY Its MSc and lawful aitamGy(s)-in set, tao,afe,wet:ctae. mil asd.danver, 11 rattd•on.1to belauPana as its act sial desk bofda.orothoianitit,gs obligciciyIntbs. rinktre'oT; bond pnbelralrafesib ttrsaidCatawba, assaA onaratlr4tyt 1pIIStilti•9rtattybamild dorpatiolitedby tar, t ,tbrtion mracloradtenahm pro,idea twat as batator undertaking*ooazrset orrurnetsbl ±a ccr ctirthism>•tnh tty.shalf crnea tri amount oft ONE RIR/DR£D.T•varrrnye MILLION (Syy4.000,DOp:Ott)DOLLARS Tia Pomo arAttonicy4granted and is signed isortheaimile =kr and %tills aruthority pPthe fallowing Resolutions adopted by the aetadawf Dkeatoralit orth.Amerlean ebb' ItntittlncC Ctimpany-and Washington intemailtural Insurance- t o ttpany aft n cetingi duly tubed turd bold pi/Marsh A, PAW Waitperl Insuragce Corporation by written enoseng cif itairecutiveCommitlee dated -Italy l8, 2011. "REWLV>;D, that ay mai eta Preside* torr SatdorVicaPteaideaRatq,Vide imitlott. soty Assiitaot Vloe Psrsidcolr Ilse gostataty or oorAstistans Ssersiney be,.and each al: any *Mem Ireraby inathorindio excealen row nefArtatntey qualiryittd the•t norntynnn d in the given Poiret o?Altoraeytoe wtsant holt of OK Comp:pry be*e. nnintaldegulni oltoontroctsorsuraty, aod thsWitiltoranyorison herebyisstultorizedia sttotlie-e cion*rimysuchPBwarocAtlbrerytaotltoSnubthereintheseeIoftheCompany; and it is VLIRTH51tRESOLVED, thatthe signatnioorsttolt°Moosand Mesealpft s Campitermay-bepitted to Buell Po,snraf, rmrdeyarmam a nillaatemindngdiaseiahyt mtit�andanyaeghPorgyaFAlwrne}+or .bcaring,sjtoii#itcatimileajB eatirtiitsiriiilecadshellLe- binding apart thi.Corrtpatty-n�toa tatatilxedand to dta.titions with mad sonny baud, undailakingorca ishuregy mrvhlpii Itia•attaohcd" IN W3TNFAS WHEREOF, N4tih Ameriefn Specialty losErrmirs rte, Wasidnitot Intermrtit:Mal la ammnet: Company Voll Westport hsaurancetorporatforkhaventactlibek offielal segta to he Irprerrtm raked, aitd iitasistescttts tabs s`tgired•by thelrmithai>xdtiff ieersthis $nit; 22ni1 day of ..Pebrarn* '20 18. ;olio of Illinois' County of Cork #r flayhis,ga slayer Pebnlsry . ' t8.bdbrc Me, a No cry Fabric personally - old Steuti P. Andaman , Senior- Vico.lsrosislens: ni Washington latennitionollamuanoaand.SentstrVistP af`Notth netienoEpotaruily'InmtganceCoaepaa�r.ortd:gvnior itolrtaidfotof Westpars hinlreatce_Cotparation aid a A. Ilp 8n Yi net f -Wahittwlotr Mtetrmtinaal Lith = Cowboy and Senior Vies Poundctil otNorth•AnteriscirEpettisIty Inaursirn Company and Senior Vico- Pred dant or Westport Tnaurants Caspttttaloa, personelix 1®awat 10 toe, hair by Inv dui -ern, icknaivladged thatilto.sdaited rise above Power otAnorooy as oilirers.ottad acknowled a said „nstrtrrnent o be thy voluntary actanrl•doidatteirrespoottveoat , NotYh American Elleekity iasttraaaa Compaq Washingeni Iotardatoaal Insirance Company Westportinsurance Cai;tcratlia 1 11/642211 M.. Keratin. Notary public. , Li JOINT cleliberg ., the May bincted Vice President acid Assisiattt 5ec„etsry OT!i Wrlh 4mcriearr Specialty:insraam Cotiipttny; ias}iingtai Iii olito final Insulted.C:liatpaay cad Westport insurance Corporation do hereby certify that the above and lbregoing iia tray irrd coirept malt PovrsrofAtlotrtoygigvabyxalt#NerrgtAmenSpatetaltyIrlmonee�Compaity,Wconvoy ashingtonInternational Insurancecoeayand'Wesiodt itit,r* - f sp©telion•stthirh isdtIll ht Ibll tome mid clfacl �'. y 16aC7 IIVWJ1Nbairn [SSWHEREOF,Ibaisehnyhandand'rtfibe lOaseitlaad'taiaprnlrssihlsday'or ,26 money c hJWrr. VI rxsilmi A Afbpap Sec.Uery d,T�rk->.n i+m.rn.yl tnl>ri-e.. Co*,+ew�` r'xti�,:..s�ahr,wac.Cee.yavf.rm�a.,mnrs.x:R.ru•r,�,o�.er.r�.ai ` CITY OF TYBEE ISLAND CONTRACTOR REGISTRATION CERTIFICATE EARTHBALANCE CORPORATION CRISTINE BOROWSKI 2570 COMMERCE PARKWAY NORTH PORT FL 34289 Business Location: OFF TYBEE Certificate #: 0003811 Date Issued: 12127/2019 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 stag. This Certificate is Non Transferable and is subject to being revoked if abused. This Certificate expires on 12131/2020 Schaaf Zoning Specialist P.O. Box 2749.403 Butler Avenue • Tybee island. Georgia 31328-2749 (912) 786.4573 • FAX (912) 786-5737 / CITY OF TYBEE ISLAND CONTRACTOR REGISTRATION CERTIFICATE EARTHBALANCE CORPORATION CRISTINE BOROWSKI 2570 COMMERCE PARKWAY NORTH PORT FL 34289 Business Location: OFF TYBEE Certificate #: 0003811 Date Issued: 12/27/2019 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 1213712020 L. Schaaf Zoning Specialist P.O. Box 2749.403 Butler Avenue . Tybee Island, Georgy 31328-2749 (912) 786.4573 • FAX (912) 786-5737 Ate; Rb CERTIFICATE OF LIABILITY INSURANCE DATE"'°,' g''') 12/13/2019 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{les) 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wallace Welch & Willingham, Inc. 300 1st Ave. So., 5th Floor Saint Petersburg FL 33701 _ CCNiTACT PH CertlilcateslCommercfaf Lines - — an No. Ext): 727.6227777 1 rale, Nal: 727.'521-2902 EAR Ss: cerdficate3ins.00m , INeURERtAFFORDslQCOVERAGEI NAIC0 INSURER - - Monroe Guaranty Ins. Co. 32506 INSURED EARrcaR-01 EarthBalance Corporation 2570 Commerce Parkway North Port FL 34289 INSURERS : Homeland Ins Co of Next York 34452 wsUREac: Amedsure Ins. Co. -.19488 __1. INSURERS. : National Trust Ins. Co. 20141 + INSURERS INSURER F : CERTIFICATE 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. LIMFTS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. !NSR IADULSUM, LTR I TYPE OF INSURANCE WVOI POLICYNUYBEt ' POLICY 9rF ' POLICY EXP ' IMMIDDIYYYYI 1 (MMIDOIYYYYILIMITS A X ~ COMMERCIAL GENERALL1A0ILnY IINSD Y Y 61,10002827502 8/23.12019 ' 8/23/2020 I EAC -1 OCCURRENCE 01.000,000 ' CLAIMS -MADE ^J OCCUR IZ4SM3 E 6 HE541I-D PWB S69 [Eaaazmence) $ 100,000 - MED EXP (Any one peraan) $ 5.000 X T EN'L X XCU !alluded,PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE APPLIES PER GENERAL AGGREGATE 52,000,000 ppLIMIT POLICY . LOC ! -- I JEC¢T ! PRODUCTS - COMP/OP AGO 52.000.000 C'HER =r maty Non Cort $ A AUTOMOBILE LIABILITY Y ANY AUTO a11NE0 i X1 SCHEDULED ALTOS ONLY _ AUTOS X HIKED I X NON-0111RJED - AUTOS ONLY , , AUTOS ONLY CA10094408806. 8/23/2019 8/23/2020 IEA Ism?INGLE LIMIT s 1.000,000 BOOZY FNJURY €Per person) 8 BOOLYINJURY(Per acerdanlj s —FRC/ RTrDAMAGE amdentl 5 __-e- $ D X UMBRELLA LIAR. X OCCUR EXCESS LIAR_ CLAIMS :• _-C _ _ _ E __ X T RETENTION 5 to ern Y Y UMB10001863603 8123/2019 8/23/2020 EACH OCCURRENCE 810,000,000 AGGREGATE 510.000.000 f C ;•:ORNERSCOMPEN9ATtON AND ANYPROPRIET0R/PARTNERIEXECUTTHfl5L OFFICERNEMBEP (Mandatory 'ser CESCR EMPLOYERS'UABILITY 711N NIA Y WC20954600401 4/1/2019 4/1/2020 X STATUTE 1 ESRU.S. L. H — EACH ACCIDENT $1.000,000 XCLU0ED7 N E L DISEASE -EA EMPLOYEE! $1,000.000 - nNH) asS✓beuoler PTJ2N OF OPERATIONS Del w E L DISEASE- POLICY LIMIT 51.000 000 5 Plorea$0Onal/PolutiogLI* 7930075900001 2/18/2019 Retro Dale 2110M997 il 2/18/2020 Each Clam!Ag9te /e 2,000.000/2.000.00 Oed ,rt tie 15,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, ,Day b attached I mare space re required] Dune Vegetation and Landscaping City of Tybee Island Is additional insured as respects' to the General Liability if required by written contract, subject to terms, conditions, and exclusions of the policy. City of Tybee island Is additional insured with respect to Auto Liability if required by written contract, subject to terms, conditions, and exclusions of the policy. City of Tybee Island is addidnnal Insured on the Umbrella Liability Policy if required by written contract, subject to terms, conditions and exclusions of the poky. See Attached... CERTIFICATE HOLDER CANCELLATION City of Tybee Island 403 Butler Avenue 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 PO UOYPROVISIONS. AUTHORIZEDREPRESENTATIVE - ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCORD" AGENCY CUSTOMER ID: EARTCOR-01 LOC 0: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Walace Welch & WIIlingham, Inc. NAUEDINSURED EarthBalance a7r Parkway North Port FL 34289 POUCY NUMBER GARNER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 30 days' notice of cancellation will be furnished to the Certificate Holder, except for nonpayment of premium, in which case ten days of notice will be given far General Liability, Auto Liability, Umbrella Liability and Workers Compensation poicies. ACORD 101 (2008101) D 2008 ACORD CORPORATION. All rtghfs reserved. The ACORD name and logo are registered marks of ACORD EarthBalance Corporation Policy #CA10000408806 Effective 8/2312019 - 8/23/2020 COMMERCIAL AUTO CAU 003 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ADVANTAGE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION 11— COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of Its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire ar form is an 'insured" under another liability policy or would be an "insured' under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" ar "property damage" that occurred before you acquired or formed the organization: and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes fust f. Who Is An Insured is amended to include as an "insured" any person or organization except a person or organization that leases or rants "auto(s)" to you, but only to the extent of his, her, or Its liability for whom you and such person or organization have agreed in writing in a contract or agreement, signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an additional insured" on your policy. Certificates of insurance will not be considered an Agreement to Insure Such person or organization is an additional "insured" but only with respect to your negligent actions. which cause liability to be imposed on such person or organization without fault on the part of said person or organization. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to 5350 a day because of time off from work. SECTION ill — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: CAU 003 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 1 of 3 Copyright 2015 FCCI Insurance Group. Insured copy COMMERCIAL AUTO CAU 003 (01 15) 4. Coverage Extensions a. Transportation Expenses We will pay up to $40 per day to a total maximum of $1,200 for temporary transportation expenses incurred by you because of the total theft of a covered "auto" of the private passenger type or light trucks with a gross vehicle weight of less than 10,000 pounds. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" Is returned to use or we pay for its loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Dedarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos' ; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for Toss of use to any one vehicle is $40 per day, to a total maximum of $1200. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. No deductible applies to this additional coverage. d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) tf a long term leased "auto", under an original lease agreement, is a covered "auto" under this Coverage Form and the lessor of the covered `auto" is named as an additional insured" under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue lease payments at the time of the loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this Coverage Form and the loss payee of the covered "auto" is named a Toss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy, and less any; (a) Overdue loan payments at the time of the loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance CAU 003 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 3 Copyright 2015 FOCI Insurance Group. haired cope COMMERCIAL AUTO CAU 003 (01 f 5) purchased with the loan; and (c) Carry-over balances from previous loans. C. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Dedarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield of any covered "auto" or to safety glass. SECTION N — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "lass" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. The following is added to Condition 2. Concealment, Misrepresentation or Freud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CAU 003 (01 15) Includes copyrighted material of the Insurance Services Office. Inc.. with its permission. Page 3 of 3 Copyright 2015 FOCI Insurance Group. lamed copy POLICY NUMBER: GL100028275-02 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory" j ALL (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section 11— Who Is An Insured is amended to indude as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and co_ 084 (10 13) Induces copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCC! insurance Group. 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for'bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury`, property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance an which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described In Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section N— Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: CGL 084 (10 13) Indudes copyrighted material of the insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. Mauled Copy 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result 2. Send us copies of all legal papers received in connection with the claim or "suir, cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or'suir. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance services Offices. Inc. with its permission. Page 3 of 3 Copyright 2013 FOCI Insurance Group. [neural Copy GENERAL LIABILITY ADVANTAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Bail Bonds 8 Blanket Waiver of Subrogation 11 Bodily Injury and Property Damage 1 Care, Custody or Control 2 Contractors Errors and Omissions 5 General Liability Conditions 10 Incidental Malpractice..... 8 Insured 8 Limited Product Withdrawal Expense 3 Limits of Insurance 9 Loss of Earnings 8 Lost Key Coverage 7 Newly Formed or Acquired Organizations 8 Non -Owned Watercraft 1 Property Damage Liability — Borrowed Equipment 1 Voluntary Property Damage 1 E_arthBalance Corporation Policy NU 0002827502 Effective 8123/2019 - 8/23/2020 COMMERCIAL GENERAL LIABILITY CGL 004 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or intended Injury, is replaced with the following: a. "Bodily Injury' or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury' or "property damage" resulting frau the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2j. (4): Paragraph (4) of this exclusion does not apply to ''property damage" to borrowed equipment while at a jobaite and not being used to perform operations. The most we will pay for `property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision Is excess over any other valid and collectible property Insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. SECTION I— COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Properly owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group. hauled! Copy Page 1 of 11 COMMERCIAL GENERAL LIABILITY CGL 004 01 15 d. Premises you sell, give away, or abandon, if the `property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of IL 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered Toss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a Toss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence"s to property of others while in your care, custody, or control or property of others as to which you are exerdsing physical control if the "property damage" arises out of your business operations. The amount we will pay for damages Is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to; "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard'; e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence' until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 2 of 11 Copyright 2015 FOCI Insurance Group. Insured tray COMMERCIAL GENERAL LIABILITY CGL 404 01 15 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectlble property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a Toss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses associated with your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This Insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal' was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal"; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out at a. Any "product withdrawal" initiated due to: (1) The failure of your products" to accomplish their intended purpose, induding any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with Its permission. Page 3 of 11 Copyright 2015 FCCI Insurance Group. buoyed Copy COMMERCIAL GENERAL LIABILITY CGL 004 01 15 (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", Initiated because of a "defect in "your product" known to exist by the Named Insured or the Named Insureds "executive officers", prior to the inception date of this Coverage Part or prior to the time your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; and (b) Send us written notice of the "product withdrawal" as soon as practicable; and (o) Not release, consign, ship or dis(ribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. Defect means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury' or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 11 Copyright 2015 FCCI insurance Group. Fmur®acopy COMMERCIAL GENERAL LIABILITY CGL 0040115 known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal"; (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular nonsalaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller° means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS MD OMISSIONS 1. Insuring Agreement If you are a "contractor, we wilt pay those sums that you become legally obligated to pay as damages because of "property damage" to your product`, 'your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential Toss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission wile acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting In this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits° covered by this Contractors Errors or Omissions coverage. This coverage appftes only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; CGL 004(01 15) Includes copyrighted materiel of the Insurance Services Office, Inc„ with its permission. Page 5 of 11 Copyright 2015 FCC! Insurance Group. li umdcopy COMMERCIAL GENERAL LIABILITY CGL 004 01 15 (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liabifty which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, ortheft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the Injury or damage is of a different degree or type than actually expected or intended. f. Any Ilabiftty arising out of manufacturer's warranties or guarantees, whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed your work." "Your work" will be deemed completed at the earliest of the following times: (1) When ail of the work called for in your contractor work order has been completed; (2) When ail the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. I. Any liability arising from "property damage" to products that are still in your physical possession. J. Any liability arising out of the rendering of orfallure to render any professional services by you or on your behalf, but only with respect to either or both of the fallowing operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also indude supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your Toss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than your product," your work' or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to 'your work' if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., witty its permission. Page 6 of 11 Copyright 2015 FCCI Insurance Group. Insured cagy COMMERCIAL GENERAL LIABILITY CGL 004 01 15 the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor means a person or organization engaged in activities of building, clearing, filing, excavating or Improvement in the size, use or appearance of any structure or land. "Contractor' does not include a "seller as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered foss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limit of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks. if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting Toss of use; or o. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. CGL 004(01 15) includes copyrighted material of the Insurance Services Otfice, Inc., with its permission. Page 7 of 11 Copyright 2015 FOCI Insurance Group. Mowed Copy COMMERCIAL GENERAL LIABILITY CGL 004 01 15 3. Deductible We will not pay for loss in any one "occurrence' until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. SECTION 1- COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: Ali references to SUPPLEMENTARY PAYMENTS —COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G. and H. 1. Cost of Bali Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. Is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $350 a day because of time off from work. SECTION 11— WHO I5 AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However. this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (11) The `employee' has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Subsidiaries The following is added to Paragraph 2. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. 3. Newly Formad or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page S of 11 Copyright 2015 FCC1 Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 0040115 SECTION 111— LIMITS OF INSURANCE Is amended as follows: 1. Paragraph 2. is replaced with the following: 2, The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C: b. Damages under Coverage A, except damages because of "bodily Injury" or "property damage" included in the `products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E. and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. Is replaced with the following: 5. Subject to Paragraph 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage 0; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G; and g. Lost Key Coverage under Coverage H. because of all "bodily injury and "property damage" arising out of any one "occurrence". 3. Paragraph 6. Is replaced with the following: 6. Subject to Paragraph 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire or explosion. 4. Paragraph 7. Is replaced with the following: 7. Subject to Paragraph 5. above, the higher of 810,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any ane person. S. Paragraph 8. Is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. Is added as follows: 9. Subject 10 Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims Made or suits brought, is $5,000. CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 11 Copyright 2015 FCCI Insurance Group. ponied copy COMMERCIAL GENERAL LIABILITY CGL 004 01 15 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for °product withdrawal expenses° in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim ar bringing "suits" Is $10,000. For errors in contract or job specifications or In recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. Is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one loss is $50,000. 10. Paragraph 13. Is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence or dense is known to the following; (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An 'executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee) ar an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence or offense. 2. The following is added to Subparagraph 2. b. of Duties In The Event Of Occurrence, Offense, Claim, or Sult: The requirement in 2.b. applies only when the "occurrence" or offense is known to the following: (1) An Individual who Is the sole owner; CGL 004(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 11 Copyright 2015 FOCI Insurance Group. Intal copy COMMERCIAL GENERAL LIABILITY CGL 004 01 15 (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee') or an organization while acting as your real estate manager. 3. The following Is added to paragraph 2. Of Duties in the Event of Occurrence, Offense, Claim or Suit. e. If you report an 'occurrence" to your workers compensation carrier that develops Into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence may be a liability claim rather than, or in addition to, a workers' compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a, The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy In reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission orfailure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or 'your work" included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the persontentity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10.1s added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 004(01 15) Includes copyrighted material of the insurance Services Office, Inc., with its permission. Page 11 of 11 Copyright2015 FCCi Insurance Group. rnsured copy