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HomeMy Public PortalAboutGuardian 1-24-20 Dunes Phase II fully executedAGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE DUNE RESTORATION PHASE 2 AND CROSSOVER DUNES PROJECT THIS AGREEMENT, made this cZ 4 day of J . 2020, by and between the C in of Tybee Island, GA, hereinafter called the "Owner' at P.O.'i ox 2749. Tybee Island, GA 31328, and Guardian Retention Systems, LLC, hereinafter called the -"Contractor, of 116 Cabin Creek Drive, Brooks, KY 40109. WITNESSETH: WHEREAS, the Owner needs to secure all material, work and improvements and for the doing of all things included within the hereinafter specified Dune Restoration Phase 2 and Crossover Dunes Project hereinafter called the "Project'. WHEREAS. the Owner finds that the Contractor is the preferred Contractor as uniquely qualified and only source for the Project. NOW. THEREFORE. for and in consideration of their mutual promises, covenants. undertakings, and agreements, the parties hereto do hereby agree as follows: ARTICLE 1- 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 except sand, equipment. and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Project for the Owner 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 1I- 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: .) General Conditions of the Contract 2.) This Agreement 3.) Technical Requirements 4.) Contract Drawings / Specifications from DNR Permit and Guardian Retention Systems, LLC plans / specifications 5.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 6.) Any and all other documents or papers, including all DNR permits, included or referred to in any of the foregoing documents including all Permits 7.) An) and all Addenda to the foregoing, all of which are on tile with the Owner or at the office of the project manager, Man Robertson ARTICLE Ili CONTRACT AMOUNT The Contractor agrees to receive and accept the following lump sum price 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, which is to occur at five hundred feet increments along the beach and at each crossover dune project, 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/Exhibit B. ARTICLE 1V- SPECIAL CONDITIONS See Exhibit A and Article II hereof ARTICLE V- STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project on the Permitted start date of February, 3, 2020, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner no later than March 27, 2020. ARTICLE VI -PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ, and does hereby employ, the said ( untractor to provide the material except sand 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. 2 ARTICLE VII -INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not be deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents, and in such event, all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that, in such event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken provision. ARTICLE VIII- CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the Jaws 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 counterparts the day and year first above written. Attest; (SEAL) itt(( Guardian Retention Systems. LLC (Contractor) BI INs cru c&.rn5' Title: MCna. ;,, q jot,— Atte brr Atte City of Tybee Island. GA (Owner) By: It's - 14/ 6.raszt„..?„2::01-- oryllTitle: /11 Approved thin, C--). day or , 2020. A erkile—l6L° 3 /3 -"DA IMPORTANT NOTE: If the Contractor is a corporation, the legal name of the corporation shall be set forth above together with a signature of the officer or officers authorized to sign Contracts on behalf of the corporation: if Contract is a co-partnership, the true name of the firm shall be set forth above together with the signatures of all the partners: and if Contractor is an individual, his signatures shall be placed above. If signature is by an agent other than an officer of a corporation or a member of a partnership, a power-of-attorney must be attached hereto. Signature of Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment. 4 NOTICE TO PROCEED TO: Guardian Retention Systems. LLC. 116 Cabin Creek Drive Brooks. KY 40109 DATE: jr..fd!'4'‘20 Z1, 2x2.1-1 PROJECT: CITY OF TYBEE ISLAND, GA, DUNE RESTORATION PHASE 2 AND CROSSOVER DUNES PROJECT You are hereby notified to commence site work at lit inacordance with the Agreement dated4l4470n, or afte,,Z7 and you are to fully and satisfactorily complete the ►► ork to the point of Final Acceptance within 90 day s of commencement of work, The Cit} of Ty bee Island. GA (OWNER) (TITLE) 1 ACCEPTANCE OF NOTICE Receipt of the abo►e NOTICE TO PROCEED is hereby acknowledged this .14 dav of 2020 Guardian Retention Systems. LLC. (Contractor) Bv-eeeei 4-7) 5 1 GENERAL CONDITIONS/CONTRACT 1.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the Contractor but will put the Contractor on notice to inquire of or identify the same from the Owner. 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. 1.2 Compliance with Laws: The Contractor will obtain and maintain all licenses, permits. liability insurance. workman's compensation ii,;urance 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 the Owner. Any such requirement specifically set forth in any contract document between the contractor and the Owner will be supplementary to this section and not in substitution thereof. 1.3 Contractor: Contractor or Subcontractor means any person or business having a contract with the Owner. The Contractor certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 1.4 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law. the Contractor must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 1.5 Security & immigration Compliance: On 1 July 2007, the Georgia Security, and Immigration Compliance Act (SB 529, Section 2) became effective. All Contractors and Subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E -Verify System. F -Verify is a no -cost federal employment verification system to insure employment eligibility. Affidavits are enclosed in this contract. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E -Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain "public benefits" are legally present in the United States. Contracts with the City are considered 'public benefits." Contractor is 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 contract. 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 (Le., citizens and nationals of the I r.S.) and aliens authorized to work in the U.S. The employer must verify the identity and 6 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. 1.6 Permitting and Approvals: The Contractor is responsible for securing all necessary federal, state and local approvals required for the project. 1.7 Liability Provisions: Where Contractor is required to enter or go onto the Owner's property to take measurements or gather other information in order to perform as requested by the Owner. the Contractor will be liable for any injury. damage or loss occasioned by negligence of the contractor, his agent, or any person the contractor has hired and will indemnify and hold harmless the Owner from any liability, arising there from. 1.8 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. 1.9 Insurance Provisions, General: The Contractor 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. a. General Information that must appear on a Certificate of Insurance: 1. 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 C'it\ 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 ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY COVERAGES. b. Minimum Limits of Insurance 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 ofa 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: 52,000,000 bodily injury and property damage per occurrence and annual aggregate. 7 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 lav claims of injured employees made in lieu of or in addition to a Worker's Compensation claim. Minimum limits: 5500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker's Compensation limit. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor's use of automobiles. Minimum limit: 52,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be 1% ritten on an Any Auto basis. THE INSURANCE REQUIRMENTS AND LIMITS 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 8 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. 1.10 Compliance with Specification - Terms and Conditions: These General Conditions. the Specifications, Special Conditions, Addendum. and/or any other pertinent documents form a part of the contract and by reference are made a part hereof. 1.11 Notice to Proceed: The Contractor must not commence work until this contract is signed and a Notice to Proceed is issued by the City. If the Contractor does commence any work or deliver items prior to receiving official notification. he does so at his own risk. 1.12 Payment to Contractor: Instructions for invoicing the City of Tybee Island for products delivered to the City are speci i ied in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912- -72-5024 or City of Tybee Island's Project Manager as specified in the contract documents. b. Contractor v ill be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work. 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. 1.13 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. 1.14 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 terNil d from the date of 9 receipt of the contractor's acceptable statement on forms prepared b) the Contractor and approved by the Owner. 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 every two weeks until the Project is completed. Invoices will be itemized to reflect actual expenses for each individual task 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 Owner will retain I0°u of the gross value of the completed work as indicated by the current estimate approved by the City Engineer. After the gross value of completed work becomes or exceeds 50% of the total contract amount within a time period satisfactory to the Owner, then the total amount to be retained will be reduced to 5°=o of the gross value of the completed work as indicated by the current estimate approved by the City 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 Owner, 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. 1.15 Terms of Contract: a. ONE TIME CONTRACT 1.16 Audits and Inspections: The Contractor and his Subcontractors will make available to the Owner for examination of all its records with respect to all matters covered by this Contract. It will also permit the Owner and/or representatives of the City Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel. 10 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 Sam and 5pm in the main offices of the Owner or during normal business hours at the offices of the Contractor, as requested by the Owner. 1.17 Performance and Payment Bonds: a. Prior to the Agreement being signed, the Contractor shall furnish to Owner a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the Owner 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 Owner a Payment Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the Owner 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 the 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 ofTybee island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of l . Exec Island may consider the Contractor in material breach ofcontract and take appropriate actions. 11 ATTACHMENT A DRUG — FREE WORKPLACE CERTIFICATION THE UNDERSIGNED CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50-24-1 THROUGH 50-24-6 OF THE OFFICIAL CODE TO GEORGIA ANNOTATED. RELATED TO THE **DRUG-FREE WORKPLACE**. HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED FURTHER CERTIFIES THAT: 1. A Drug -Free Workplace will be provided for the employees during the performance of the contract: and 2. Each sub -contractor under the direction of the Contractor shall secure the following written certification: Guardian Retention Systems, LLC (CONTRACTOR) certifies to the City of Tybee Island that a Drug -Free Workplace will be provided for the employees during the performance of this contract know as Dune Restoration (PROJECT) pursuant to paragraph (7) of subsection (B) of Code Section 50-24-3. Also. the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale. distribution. possession, or use of a controlled substance or marijuana during the performance f the contract. CT R NOTARY /-JN-02 0 DATE / y-2(.7 DATE 12 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 the Owner has registered with, is authorized to use and uses the federal rvork authorization program commonly known as E -Verify. or any subsequent replacement program. in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10-91. Furthermore, the undersigned Contractor will continue to use the federal work authorization program throughout the Contract period and the undersigned Contractor will contract for the physical performance of services in satisfaction of such Contract only with Subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I Sa io Federal Work Authorization User Identification Number (o2 toto Date of Authorization &4 S,LLC. Nameof Contractor * en • 4 _ ��a+tw4fitit 4'�i an� 4c-'� xt5S5��.Dk•h S Name of Project l J / bee. 1�+d�f liCAr-Glt� Nam4 of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. , 202e inTrci (cit\ ), ky (state). ignature of , ut or.zed Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBBED ANR SWORN BEFORE ME ON THIS THE %DAY OF 0/ . 20�r✓ �Gl NOTARY PUBLIC My Commission Expires: 13 ATTACHMENT C Subcontractor Affidavit under O.C.G.A. § 13-101-91(b)(3) By executing this affidavit, the undkrigned Subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of (name 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 titi ith the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor wilt 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.§ I3 -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: 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 ,2020. NOTARY PUBLIC My Commission Expires: 14 ATTACHMENT D O.C.G.A. § 50-36-1(e)(2) Affidavit I3). executing this affidavit under oath. the Contractor verifies one of the following with respect to my application for a public benefit: I) /t I am a United States citizen. 2) 1 am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The Contractor 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)(I )..rith this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, 1 understand that any person who knowingly and illfully makes a false, fictitious, or fraudulent statement or representation in an affidavit ill be guilty of a r iolation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in alir 4LS (city), ftx._4-._ .c,_, (state). Signature of Contractor Printed Name of Contractor SUB I D AND WORN BEFORE ME ON THE �% DAY OF NOTARY PUBLIC illy Comtni=cion Expires: . 20Xj 15 ATTACHMENT E CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: CrWu 4 i X74.Ae-vCi-i do St1"e S , LL Product or Services Provided: 3eOt D rel, Sales Contact Information ContactRe4 . t#oLwmS Email: beo e.TA ,i-d�cv.rc c,�,�i��s� . zlcrosCnr„ Phone: Sls� - 3 `i9 - 1451 Fax: J Address: M. Cn�o'f r, C.re U r; �lc� ru v� ICv iv E U9 Accounts Receivable Information Contact: CAN Email- Q acc-u fit.,+i n i i a.nrre *c .•21"j4Wc y4 trr s Phone: 5o.1. -3-i5- Fax: �1 Remittance Address: M. Ccs; n Cr c.L 1'. Jr__ - c1ks ky 4j lac Federal Tax Id#: 3$_3��`� Attach Copy of W-9 and Occupational Tax Certificate Provide Copy of Worker's Comp Coverage when providing any service invofv ing labor on City property. Our terms are net 30 16 EXHIBIT A Contractor will construct dunes relocating up to 48.000 cubic yards of sand pro ided by Owner as part of the U.S. Army Corps of Engineers' ("USACE") beach re -nourishment undertaken by the Owner. Dunes will be built according the specification described in the Georgia Shore Protection Act ("SPA') Permit #2173 but may vary in height up to eight (8) feet tall and may be placed landward of the design area. dependent upon placement and availability of sand provided. but in no case seaward of the design area, and not to exceed movement of more than a one half -mile distance. Contractor will repair and construct two (2) stabilized crossover dunes to include Guardian products at Gulick Street and 3' Street and will repair the stabilized crossover dune at 19' Street. Contractor will provide as -built survey to verify sand elevations meet minimum USACE elevation specification for beach berm. 17 EXHIBIT B Contractor will provide labor, equipment, services, and materials except for sand provided by Owner. to construct dunes and-pla sand for Dune Restoration Phase 2 and Crossover Dunes Project at a total cost of $660.6 I ()At c reprised of three components as follows: Contractor will construct dunes relocating up to 48.000 cubic yards of sand provided by Owner as part of the U.S. Army Corps of Engineers' ("USAGE") beach re -nourishment undertaken by the Owner. Dunes will be built according the specification described in the Georgia Shore Protection Act (-SPA") Permit #473 (Exhibit C) but may vary in height up to eight (8) feet tall and may be placed landward of the design area, dependent upon placement and availability of sand provided, but in no case seaward of the design area. and not to exceed movement of more than a one half -mile distance: $457.400.00 Contractor will repair and construct two (2) stabilized crossover dunes to include Guardian products at Gulicl. Street and 3"t Street and will repair the stabilized crossover dune at 19th Street: $158,219.00 Provide as built survey to verify that elevations meet the USACE minimum berm requirement: $45,000.00. If Contractor cannot begin construction by February 3. 2020 due to the USACE prohibition of site access, Owner will compensate Contractor $7,000.00 for each day Contactor cannot access site to cover costs and overhead and profit. Should this prohibition exceed three days. the Contractor will 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 will then determine a revised start date for Contractor to begin w 0,1 18 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY £ot-,d# 31-1D 4� KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Steve SIMMONS, Mary ELLIOTT, Jeffery MCINTOSH and Todd CARLISLE, all of Lexington, Kentucky, EACH its true and lawful agent and Attorney -in -Fact, to snake, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York„ the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of September, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4.1 BSc/Pti_o Secretary Eric D. Barnes Vice President Michael Bond State of Maryland County of Baltimore On this 29th day of September, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swam, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,�`i165G11'rq�4irr7: 9.7taAt;-- Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 052-2829D ConsensusDoce 260 PERFORMANCE BOND CConsensusDocs This document is proudly endorsed by• rtsFA cOAa NECX Conanatioro imaginary Round Table NIA, 4-(1-111CI It* A 40.; fun NA POfNM .CCI4TRACTh 1£C GIES AW1 NuciA 4.0 F! FE fACI CITIES FNGiNEERItr'G N::WIC mil es insmame R luvi I w r ?JrMEM • CFMA ISA ACCK 1‘_ES munimomil The Owner,City of Tybee Island, P.O. Box 2749, Tybee Island GA 31328, (the "Owner") and the Contractor, Guardian Retention Systems LLC, 116 Cabin Creek Dr., Brooks KY 40109, (the "Contractor") have entered into a Contract (the "Contract") dated January 27, 2020 for Tybee dune Restoration Phase 2 and 2 Crossover Dunes with Guardian Product Repair on 19th Street (the "Project"). The Contract is incorporated by reference into this Performance Bond (the "Bond"). By virtue of this Bond, the Contractor as Principal and Fidelity and Deposit Company of Maryland as Surety ("Surety"), are bound to the Owner as Obligee in the maximum amount of Six Hundred Sixty Thousand Six Hundred Nineteen Dollars & 00/100 Dollars ($660,619.00) (the "Bond Sum"). The Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. 1. GENERAL CONDITIONS It is the condition of this Bond that if the Contractor performs its Contract obligations (the "Work"), the Surety's obligations under this Bond are null and void. Otherwise the Surety's obligations shall remain in full force and effect. The Surety waives any requirement to be notified of alterations or extensions of time made by the Owner in the Contract. The Owner may not invoke the provisions of this Bond unless the Owner has performed its obligations pursuant to the Contract. Upon making demand on this Bond, the Owner shall make the Contract Balance (the total amount payable by the Owner to the Contractor pursuant to the Contract less amounts properly paid by the Owner to the Contractor) available to the Surety for completion of the Work. 2. SURETY OBLIGATIONS If the Contractor is in default pursuant to the Contract and the Owner has declared the Contractor in default, the Surety promptly may remedy the default or shall: Consensusoocs® 260 -Performance Bond -®2007, 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 ID: ASBEAF45-0D99 ConsensusDocs DU14JR+IL A DC. .. I. Y. ConsensusDocs® 260 PERFORMANCE BOND # 3 y ©6 0 GENERAL INSTRUCTIONS. These instructions are solely for the information and convenience of ConsensusDocs users, and are not a part of the document. Gray boxes indicate where you should click and type in your project information. The yellow shading is a Word default function that displays editable text and is not necessary for document completion. Shading can be turned off by going to the Review tab, select "Restrict Editing" button and uncheck "Highlight the regions I can edit". In Word 2003 you will find this option under the Tools tab, Options, Security tab, Protect Document button. EMBEDDED INSTRUCTIONS are provided to help you complete the document. To display or hide instructions select the "T(° button under the "Home" tab to show all formatting marks. Instruction boxes are color coded as follows: Red Boxes: Instructions for fields that are typically required to complete contract. Blue Boxes: Instructions for fields that may or may not be required for a complete contract. Green Boxes: Provide general instructions or ConsensusDocs Coalition Guidebook comments, which can be found at www.ConsensusDocs.org/guidebook. ENDORSEMENT. This document was developed through a collaborative effort of organizations representing a wide cross-section of the design and construction industry. The organizations endorsing this document believe it represents a fair allocation of risk and responsibilities of all project participants. Endorsing organizations recognize that this document must be reviewed and adapted to meet specific needs and applicable laws. This document has important legal and insurance consequences, and it is not intended as a substitute for competent professional services and advice. Consultation with an attorney and an insurance or surety adviser is strongly encouraged. Federal, State and Local laws may vary with respect to the applicability or enforceability of specific provisions in this document. CONSENSUSDOCS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASERS ASSUME ALL LIABILITY WITH RESPECT TO THE USE OF THIS DOCUMENT, AND CONSENSUSDOCS AND ANY OF THE ENDORSING ORGANIZATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM SUCH USE. For additional information, please contact ConsensusDocs, 2300 Wilson Blvd, Suite 300, Arlington, VA 22201, 866 -925 -DOCS (3627), support( consensusdocs.orq or www.ConsensusDocs.orci. ConsenausDocsa 260 - Performance Bond - a2007, 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 ID: ABBEAF4E-0D99 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. If 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 of January 27, 2020.. SURETY Fideli and Deposit Company of Maryland (seal) By: Print :me.P'-fery McIntosh Print Title: Attorney-in-fact (Attach Power of Attorney) ATTEST: c..�r- Cri14," CONTRACTOR Guardian fention systems LLC (seal) By: net' Print Name: [ 1 Print Title: [ ATTEST: (Additional signatures, if any, appear on attached page) END OF DOCUMENT. 2 ConsensusDocs® 260 - Performance Bond •a2007, 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 ID: A8BEAF45-0D99 t ConsensusDocs® 261 PAYMENT BOND ConsensusDocs This document is proudly endorsed by. NASFA CAA 11 NEck- Ceerroben Industry Florid z ...•••• � WA CI 43> AW1 F! FE FAC1I !TIES F.NGINEERING. Asx 04c 1r11� Num NnwIc 1114, (35) GO ARAI IECu„i rtrl nat. li i ACC 716 The Owner,City of Tybee Island, PO Box 2749 Tybee Island GA (the "Owner ") and the Contractor,Guardian Retention Systems LLC, 116 Cabin Creek Drive, Brooks KY 40109 (the "Contractor ") have entered into a Contract (the "Contract") dated January 27, 2020 for Tybee Dune Restoration Phase 2 and 2 Crossover Dunes with Guardian Product Repair on 19t Street (the "Project"). The Contract is incorporated by reference into this Payment Bond (the "Bond"). By virtue of this Bond, the Contractor as Principal and Fidelity and Deposit Company of Maryland as Surety ("Surety"), are bound to the Owner as Obligee in the maximum amount of Six Hundred Sixty Thousand Six Hundred Nineteen Dollars and 00/100 Dollars ($660,619.00) (the "Bond Sum"). The Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. 1. GENERAL CONDITIONS It is the condition of this Bond that if the Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the work required by the Contract, the Surety's obligations pursuant to this Bond are null and void. Otherwise the Surety's obligations shall remain in full force and effect. The Surety waives any requirement to be notified of alterations or extensions of time made by the Owner in the Contract. 2. SURETY OBLIGATION Every Claimant who has not been paid in full before the expiration of a period of ninety (90) Days after such Claimant provided or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, may have a right of action on this Bond. The Surety's obligation to the Claimant(s) shall not exceed the Bond Sum. ConsensusDocss 261 - Payment Bond -1'2007, 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 ID: 69040000-1A3E ConsensusDocs BUILL/Proa P. p— . 1 CR Rtn i ConsensusDocs® 261 PAYMENT BOND # 9 3 y c 6. 0 GENERAL INSTRUCTIONS. These instructions are solely for the information and convenience of ConsensusDocs users, and are not a part of the document. Gray boxes indicate where you should click and type in your project information. The yellow shading is a Word default function that displays editable text and is not necessary for document completion. Shading can be turned off by going to the Review tab, select "Restrict Editing" button and uncheck "Highlight the regions I can edit". In Word 2003 you will find this option under the Tools tab, Options, Security tab, Protect Document button. EMBEDDED INSTRUCTIONS are provided to help you complete the document. To display or hide instructions select the lin button under the "Home" tab to show all formatting marks. Instruction boxes are color coded as follows: Red Boxes: Instructions for fields that are typically required to complete contract. Blue Boxes: Instructions for fields that may or may not be required for a complete contract. Green Boxes: Provide general instructions or ConsensusDocs Coalition Guidebook comments, which can be found at www.ConsensusDocs.orglguidebook. ENDORSEMENT. This document was developed through a collaborative effort of organizations representing a wide cross-section of the design and construction industry. The organizations endorsing this document believe it represents a fair allocation of risk and responsibilities of all project participants. Endorsing organizations recognize that this document must be reviewed and adapted to meet specific needs and applicable laws. This document has important legal and insurance consequences, and it is not intended as a substitute for competent professional services and advice. Consultation with an attorney and an insurance or surety adviser is strongly encouraged. Federal, State and Local laws may vary with respect to the applicability or enforceability of specific provisions in this document. CONSENSUSDOCS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASERS ASSUME ALL LIABILITY WITH RESPECT TO THE USE OF THIS DOCUMENT, AND CONSENSUSDOCS AND ANY OF THE ENDORSING ORGANIZATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM SUCH USE. For additional information, please contact ConsensusDocs, 2300 Wilson Blvd, Suite 300, Arlington, VA 22201, 866 -925 -DOCS (3627), support@consensusdocs.org or www.ConsensusDocs.orq. ConsensusDocs® 261 - Payment Bond - a 2007, 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 ID: 69040000-1A3E 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 N e: -ffery McIntosh Print Title: Attorney-in-fact (Attach Pow of Attorney) ATTEST: CONTRACTOR Guard-tenti• Systems LLC (seal) Print Name: [ I ATTEST: (Additional signatures, if any, appear on attached page) END OF DOCUMENT. Print Title: [1 2 ConsensusDocs° 261 -Payment Bond -®2007, 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 ID: 69040000-1A3E