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HomeMy Public PortalAboutGuardian 1-24-20 Dunes Phase II.pdfNOTICE TO PROCEED TO: Guardian Retention Sy-stems. LtC. I I6 Cabin Creek Drive Brooks, KY 40109 PROJECT: DArE: J f,"${+"/ Z?, Zoztt (W T::,r[n.:-or#tified to commence site work a@(Wrcontance with the Agreemenraatedib!@$o* or afiefugt*, und y* ufGEry and satisfactorny comprete thework to the poirit of Final Acceptanc6 wilhin 90 days of commencemenr of rvork. CIry OF TYBEE ISLAND, CA, DLINE RESTORATION PHASE 2 AND CROSSOVER DLTNES PROJECT The City of Tybee Island, GA (OWNER) By: ACCEPTANCE Otr'NOTICf Receipt of dre above NorcE To pRocEED is hereby acknowredged this J* day of lo-.-..-* . ZOZO effi Guardian Retention Systems. LLC. (Contractor) vtr' Deductibles and Self-Insured Retention: Any deductibles or self.insurccl retention must be declared to, and approved b1,, the city of Tybee Island. At tlre option of the Ciry* of rybee Island, either: the insurcr rvill reduce or eliminate sLrch deductibles or self-insured retention as related to the city of T1'bee Island, its officials. officers. emplcyees. and voluuteers; or the contractor will procure a bord guaranteeing payrnefit of related suits. tosses. claims, and related investigation. claim administration and defense expenses. l.l0 Compliante rvith Specilication - Terms and Conclitions: These Generat Conditions. the Specifications, Special Conditions. Addendunr" andlor any other pertinent docurnents form a part ofthe contract and by refereqce are rnade a pam hereof. I.l I Notice to Proceed: The Contractor must lrot comnrence lyo* until this contract is signed and a Notice to Proceed is issued by the Cily. If the Contractor does commence anv work or deliver items prior to rcceiving official notit}cation. he does so at his own risk. l.l2 Payment to Contractor: Instnlctions fior invoicing the Ciry ofllybee Island for products delivered to the City are specified in the contract docunrent. a. Questions regarding payment may be directetl to the Accounting Department at 912- 473.-5A24 or Citv of Tybee Island's Project Mana-{er as specified in the contract docunrents" b. Contractor r,r.ill be paid the agreed upon compelrsation upon satislactory delivery of the products or completion of the work. Upon completion of the u'ork or delivery of the products, the Contractor ryill provide the city of r;.'bee tsland with an affidavit certifying ail suppliers. persorls or br.rsinesses employed by the Contractor for the rvork performed for the City of Tybee Island have been paid in full. city of Tybee lsland is a tax-exempt entit1,.. Every contractor. vendor, business or person under contract with city of Tybee Island is required by ceorgia larv to pa1. State sales or use taxes fbr products purchased in Ceorgia or trarsported into Ceoryia and sold to Ciry" of Tybee Island by contract. please consult the state of Georgia, Department of Revenue, sales and Use Tax unit in Atlanra (404) 656-4065 for additional information " I.l3 Cortractor Records: The Georgia Open Records Act is applicable to the recorcls of all contractors and subcontractors under contract ivith the Citl'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 fbllorving completion. 1.14 Method of Compensation: The compensation providecl for herein rviIl include all claims by the corrtractor for all cosls incurred by the contractor in the conduct ofthe proiect as authorized by the approved Prr:ject Compensation Schedule and this amount will be paid to the contractor after receipt of the invoice antl approval of the amount by the City of lybee Island" The City r'vill make payments to rhe coutractor rvithin ",*.12/;;.:* ihe oate otnp s d. EXHIBIT B Contractor r.vill provide labcr, equipment, services. and materials except for sand provided by Orvner" to construct dunes anidaBsand for Dune Restoration Phase 2 and Crossover Dunes Project at a total cost of $660,6{9.fO.gg(nprised of tlrree components as follorvs: Contractor will construct dunes rclocating up to 48,000 cubic yards of sand pmvidet! by Orvner as part of the U.S. Army Corps of Engineers' ("USACE'J beach re-nourishment undertaken bv the Or.r'trer. Dunes u'ill be built according the specification described irr the Ceorgia Shore Protectiau Act ("SPA") Pemrit #473 (Exhibit C) but may vary in height up to eight (8) feet tall and may be placed landward of the design area. dependert upon place*rent and availability of sand provided, but in no case seawat'd of tlre design arca" and not to exceed movement of more than a one half-mile tlistance: $457,400.00 Contractor w ill repair and construct two (2) stabilized erossover dunes to include Guardian products at Gulick Street and i'd Street and rvill repair the stabilized crossover dune at lgth Strcet: $1s8.2r9.00 Provide as built survey to veriS. that elevations meet the USACE minirnr.rm berm requirement; $45.000.00. lf Contractor cannot begin construction by February, 3. 2020 due to the USACE prolribition of site ascess. Owner rvill compensate Contractor $7,000.00 for each day Contactor cannot access site to coYer costs and overhead and profit. Should this prohibition exceed three days, the Contractor w-ill remove its equipment at the direction of Owner, and Owner will pay for the de-mobilization cost, not to exceed $ 10,000. Owner and Contractor lvill then deterrnine a revised start date for Contractor to begin rvork. 18 a. Complete the Work, with the consent of the Owner, through the Contractor or otherwise; b. Arrange for the completion of the Work by a Contractor acceptable to the Owner and secured by performance and payment bonds equivalent to those for the Contract issued by a qualified surety. The Surety shall make available as the Work progresses sufficient funds to pay the cost of completion of the Work less the Contract Balance up to the Bond Sum; or c. Waive its right to complete the Work and reimburse the Owner the amount of its reasonable costs, not to exceed the Bond Sum, to complete the Work less the Contract Balance. 3. DISPUTE RESOLUTION All disputes pursuant to this Bond shall be instituted in any court of competent jurisdiction in the location in which the Project is located and shall be commenced within two years after default of the Contractor or Substantial Completion of the Work, whichever occurs first. lf this provision is prohibited by law, the minimum period of limitation available to sureties in the jurisdiction shall be applicable. This Bond is entered into as ol January 27, 2020.. ;"0 oZ":: ComBly of Maryland (seal) (Attach Power of Attorney) ArrESr: 'h , Qn '* Print Name: t 1 ATTEST: Print Title: t I (Additional signatures, if any, appear on attached page) END OF DOCUMENT. 2 ConsensusDocso 260 . Performance Bond - @ 2007, Revised 201 1. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited. CONTENT SECURE lDr ABBEAF4S-0D99 3. LIMITATION OF ACTION No suit or action shall be commenced on this Bond by any Claimant: a. Unless Claimant, other than one having a direct Contract with the Contractor, shall have given written notice to the Contractor, the Owner and the Surety within ninety (90) Days after the Claimant provided or performed the last of the work or labor, or furnished the last of the materials for which the claim is made, stating with substantial accuracy the amount claimed and the name of the Party to whom the materials were furnished, or for whom the work or labor was provided or performed. Such notice shall be served by any means which provides written third party verification of delivery to the Contractor at any place it maintains an office or conducts business, or served in any manner in which legal process may be served in the state in which the Project is located. b. After the expiration of one (1) year from the date on which the Claimant last performed labor or furnished materials or equipment on the Project. If this provision is prohibited by law, the minimum period of limitation available to sureties in the jurisdiction shall be applicable. c. Other than in any court of competent jurisdiction in the location in which the Project is located. 4. CLAIMANT A Claimant is defined as an individual or entity having a direct contract with the Contractor or having a contract with a subcontractor having a direct contract with the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. This Bond is entered into as of January 27 2020 SURETY Fidelity and Deposit Company of Maryland (seal) By: Print Print Title: Attorney-in-fact (Aftach ATTEST: Print Name: I I ATTEST: Print Title: t_I (Additional signatures, if any, appear on attached page) END OF DOCUMENT. 2 ConsensusDocso 261 - Payment Bond -o2007, Revised 2011. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited. CONTENT SECURE lD: 69040C00-{A3E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/28/2020 (859) 273-1549 (859) 272-0075 Guardian Retention Systems LLC 116 Cabin Creek Drive Brooks, KY 40109 10178 A 1,000,000 TBD 2/24/2019 2/24/2020 100,000 2,500 1,000,000 2,000,000 2,000,000 B CA100053897-00 12/31/2019 12/31/2020 1,000,000 3,000,000A TBD 2/24/2019 2/24/2020 B WC00005611 1 12/31/2019 12/31/2020 500,000 500,000 500,000 B Equipment Floater CPP100053896-00 12/31/2019 Leased & Rented 400,000 Tybee Dune Restoration Phase 2 and 2 Crossover Dunes with Guardian Product Repair on 19th Street Certificate holder is listed as additional insured. City of Tybee island PO Box 2749 Tybee Island, GA 31328 GUARRET-01 JJACKSON2 Energy Insurance Agency, Inc. P O Box 55268 Lexington, KY 40555 eia@energyinsagency.com AmWins FCCI Insurance Company X 12/31/2020 X X X X X