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HomeMy Public PortalAboutTIC The Industrial Company 8-23-17.pdfVOLUME I CONTRACT DOCUMENTS TECHNICAL SPECIFICATIONS CITY OF TYBEE ISLAND NORTH BEACH DUNE REMEDIATION PROJECT TYBEE ISLAND, GEORGIA Project Engineer Olsen Associates, Inc. 2618 Herschel Street Jacksonville, FL 32204 (904) 387-6114 FAX (904) 384-7368 eolsen@olsen-associates.com COA — PEF001631 15 August 2017 FEMA PW00240PN563 CONSTRUCTION SET TABLE OF CONTENTS A. PROPOSAL SECTION • NOTICE TO CONTRACTORS AND INVITATION/ADVERTISEMENT Ia ' : 1516i • INSTRUCTIONS TO BIDDERS • BID DOCUMENTS B. AGREEMENT SECTION • GENERAL CONDITIONS 0 AGREEMENT C. CONTRACT SPECIFICATIONS • TECHNICAL REQUIREMENTS D. PERMITS A. PROPOSAL SECTION NOTICE TO CONTRACTORS AND INVITATION/ADVERTISEMENT FOR BIDS Sealed Bids will be received for the City of Tybee Island North Beach Dune Remediation Project in the office of the City of Tybee Island Georgia, until 1:00 P.M. (Local Time), 11 August, 2017 at which time they will be publicly opened, read and the apparent low bidder announced. The work under this Contract will consist generally of the following: The purchase, transport, placement and grading of up to 12,350 cy of beach quality sand required for dune reconstruction/repair along some 2,100 ft of shorefront located at North Beach on Tybee Island, Ga. The work includes site preparation. All sand sources must be pre -approved by the Engineer as being beach compatible prior to the submittal of a bid. Construction may not proceed prior to 1 September 2017. A Pre -Bid conference will be held at 11:00 a.m., on 4 August, 2017, at the City of Tybee Island, City Hall. Project Scheduling, coordination requirements, Permit terms and questions from the attendees will be addressed at that time. The Plans and Specifications are available for inspection at the office of Olsen Associates, Inc., 2618 Herschel St., Jacksonville, Florida, 32204 and at City Hall, Tybee Island, Georgia. One (1) set of Plans, Specifications and other Contract Documents may be obtained by application, accompanied by a check or money order in the amount of $100.00 payable to Olsen Associates, Inc_, 2618 Herschel St., Jacksonville, FL, 32204. The price includes shipment by First Class U.S. Mail. No refund will be made for returned documents. Express delivery can be arranged at the expense of the prospective bidder. All questions concerning the Plans, Specifications and other Contract Documents should be directed to Olsen Associates, Inc., 2618 Herschel St, Jacksonville, FL, 32204, telephone: (904) 387-6114, fax: (904) 384-7368, email: eolsen Olsen-associates.com. Bids must be accompanied by a certified check or Bid Bond for five (5) percent of the amount of the bid. Performance Bond and Payment Bond in the amount of 100 percent of the Contract amount will be required. To qualify to bid, a certified statement from the Bidder's bonding company shall accompany the Bid Bond stating that the Bidder can submit a Performance Bond to the Owner within ten days of award of Contract. The City of Tybee Island, Georgia reserves the right to reject any or all bids and to waive technicalities and informalities. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 I CITY OF TYBEE ISLAND NORTH BEACH DUNE REMEDIATION PROJECT TYBEE ISLAND, GA INSTRUCTIONS TO BIDDERS 1.0 General The following sections contain information and instructions pertaining to the proper form and method for submissions of bids, the procurement and return of Contract Documents, requirements or conditions which are unusual or of specific importance, requirements as to surety and insurance, and provisions relating to the award of the contract. 2.0 Scope of Project The work under these Contract Documents will generally consist of the following: The purchase, transport, placement and grading of approximately 12,350 cy of beach quality sand as dune maintenance along some 2,100 ft of shorefront located at North Beach on Tybee Island, Ga. The work includes site preparation. Each sand source must be pre- approved (i.e. certified) by the Engineer as being beach compatible prior to the submittal of a bid. 3.0 Procurement and Return of Contract Documents Copies of Bid Documents, Forms, Drawings and Specifications may be obtained from the office of Olsen Associates, Inc., upon submission of a deposit of $100.00 per set. The price includes shipment by First Class U.S. Mail. No reftwds will be made for returned documents. Express delivery can be arranged at the expense of the prospective bidder. 4.0 Examination of Preliminary Contract Documents and Site 4.1 Before submitting a bid, each Bidder must (a) examine the Preliminary Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions SECTIONA_1 1 INSTRUCTIONS that may in any manner affect cost, progress or performance of the Work, and the quality of sand acceptable to the OWNER, (c) familiarize himself with typical federal, state and local laws, ordinances rules, regulations and project related permit terms that may in any manner affect cost, progress and performance of the Work; and (d) study and carefully correlate Bidders observations with the Contract Documents. 5.0 Easements and Permits 5.1 The Owner will provide access to the construction site shorefront at a single location. The Contractor shall provide suitable means by which materials can be rehandled and transported to the fill site and by which construction can proceed along the adjacent innertidal beach. 5.2 The Owner will furnish all State and Federal Permits necessary to construct the project. The Contractor shall obtain and pay for any other construction permits, if required. The Contractor shall abide by all Permit terms and conditions. 6.0 Interpretation of Preliminary Contract Documents Questions regarding documents, discrepancies, omissions or intent of the Preliminary Contract Documents shall be submitted in writing to the Engineer at least 96 hours prior to opening of bids to provide time for the issuance of Addenda or clarifications by fax to all prospective bidders. 7.0 Approximate Quantities On all items on which Bids are to be received on a unit price basis, the quantity in the Bid shall be used in establishing final payment due Contractor. Bids will be compared on the basis of the number of units stated in the Bid Schedule. Payment on the Contract or unit price items will be based on the actual number of units installed in the completed work as defined in the Final Contract Documents. The Owner shall retain the option to increase the final number of units necessary to construct the project without modification of the bid unit pricing. The estimated contract volume is 12,350 cy. SECTIONA-.t 2 INSTRUCTIONS 8.0 Preparation of Bid Separate, sealed Bids will be received for the above described work. Bids must be addressed to the City of Tybee Island, as outlined in the Advertisement for Bids, and submitted on the Bid Form furnished to the Bidder as part of these documents and in the manner designated. The Bid Forms are inserted herein to facilitate bidding. The appropriate forms must be submitted when due. Only bids which are submitted on the Bid Foran included with this Document will be considered. Amounts are to be shown in both words and figures. In the case of a discrepancy, the words shall prevail. A bid may be rejected if it does not contain a price for each and every item named in the Bid Schedule. 9.0 Signing of Bid If the bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth together with the signatures of all the partners. If bidder is an individual, his signature shall be inscribed. 10.0 Bid Security Each separate Bid shall be accompanied by a certified check or acceptable collateral for not less than 5 percent (5%) of the TOTAL BID payable to the City of Tybee Island. Bid bonds must be issued by a Surety licensed to do business in the home state of the OWNER. Companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570 as amended). Bid security will be returned to the bidder as hereinafter provided unless retained under the conditions stipulated herein. The bid bond shall be enclosed with the bid. Such bid bonds will be returned to all except the three lowest formal bidders within three days after the formal opening of bids. The remaining bid bonds will be returned to the three lowest bidders within three days after the OWNER and the accepted bidder have executed the Contract. SECTIONA-x 3 INSTRUCTIONS If all bids are rejected, all bid securities will be returned forthwith. 11.0 Agreement, Bonds, Insurance The attention of bidders is specifically directed to the forms of Agreement and Bonds to be executed and types of insurance to be taken out in the event a Notice of Contract award is made. 12.0 Designation of Subcontractors & Sand Source Prequalification Process Each bidder shall list on the form included in these Documents the names and addresses of all subcontractors who will perform work or labor or render service to the bidder on or about the construction site in an amount in excess of five percent (5%) of the bidder's total base bid. Each bidder shall show on the form the portion of the work to be done by each subcontractor. Sand fill sources (i.e. vendor, location, etc) must be listed. All bids must be based upon a Standard Grain Size Distribution curve and a one (I) pound sample (min)for the sand to be used for construction from a sand source pre -qualified in writing (i.e. certified) by the ENGINEER as being beach compatible. Any Bid -which is based upon a sand source unacceptable to the ENGINEER shall be considered nonresponsive. Bidders must submit sand source information to the ENGINEER no later than 5 days prior to the bid date for purposes of pre -qualifying a sand source. Pre -qualified sand sources shall be revealed to any prospective bidders requesting such information in writing. During the period of construction, all sand provided by the CONTRACTOR shall not vary from that utilized to pre -qualify the sand source. Any sand which does vary shall be ineligible for payment and removed at the CONTRACTOR'S expense. 13.0 Bid Submittal Each bid, properly signed, together with the bid security and. all Documents bound herewith, shall be enclosed in a sealed envelope addressed and entitled as specified in the Invitation for Bids and delivered to the office designated in the Invitation for Bids. All Addenda issued shall be included with the Documents at the time of bid submittal. Both Bids and Bid Bonds may be held out for up to 60 days. SECTIONA-I 4 INSTRUCTIONS 14.0 Withdrawal of Bid Bids may be withdrawn at any time prior to the designated time for the opening of bids. Withdrawal of bids after the opening shall be in accordance with O.C.G.A. § 36-91-52 15.0 Qualifications of Bidders 15.1 It is the intention of the Owner to award a Contract only to a bidder who furnishes satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities, plant, and a sand source acceptable to the Engineer to enable him to prosecute the work successfully. 15.2 Each bidder shall submit with his bid the executed bidder's qualifications, evidence of sand source pre -qualification issued to him by the Engineer and all reference forms and certifications contained in this Document. 16.0 Penalty for Collusion If at any time it shall be found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and Contractor and his sureties shall be liable to Owner for all loss or damage which Owner may suffer thereby, and Owner may solicit for new bids for said work. 17.0 Licenses At the time of the bid, each bidder shall possess state and local Iicenses as are required by law and shall furnish satisfactory proof to Owner upon request that the licenses are in effect during the entire period of the Contract. 18.0 Bid Opening Bid will be opened at the time and place indicated in the Invitation for Bids. SECTIONA-x 5 INSTRUCTIONS 19.0 20.0 a.) b.) d.) C.) f.) g-) h.) Award of Contract The award of any contract will be made to the lowest responsive responsible bidder as determined by the OWNER in its sole discretion within 14 days from the date of opening of Bids. The lowest responsive responsible bidder must propose a sand source acceptable to the ENGINEER which is determined to be beach compatible. OWNER reserves the right to reject any or all bids or to waive irregularities or informalities at its discretion. The OWNER further reserves the right to reject all Bids or to award a Contract, which, in its judgment, is in the best interest of the OWNER. Commencement and Completion of Work Potential bidders are advised that once initiated, that time is of the essence in completing the work referenced in the specifications after the permitted start date of i September 2017. Time of completion is a factor in evaluating bids. The successful bidder may commence certain activities related to sand acquisition after the issuance by OWNER of a written Notice -to -Proceed. He shall complete all site work in accordance with the terms and conditions of the Contract Documents and Permits and in accordance with the following schedule: DATE I 1 August 2017 Within 14 days of Receipt of Bids Within 10 Days of Notice of Award Within 2 Days of Execution of Contract by Owner No earlier than Sept. 1, 2017 No later than September 16, 2017 Within 85 Days of Commencement of Work Within 90 Days of Commencement of Work EVENT Receipt of Bids/Bid Opening Notice of Award Execution of Contract with Submittals Notice to Proceed with Sand Acquisition Commencement of Continuous Construction by Contractor at North Beach Substantial Completion Final Acceptance by Owner SECTIONA-1 6 INSTRUCTIONS 21.0 Liquidated Damages Provisions for liquidated damages will be set forth in the Contract. 22.0 Rejection of Bids. The OWNER reserves the right to reject any and all bids and to overlook and/or disregard informalities or irregularities in bids. All bids will not be rejected without proper justification. Responsiveness of bidder will be based on: A. The completeness and regularity of the BID. B. A BID without exclusions, excisions or special conditions. C. A BID having no alternative bids for any items unless requested in the technical specifications or provided for in the BID. D. A BID based upon a sand source pre -qualified by the ENGINEER. Responsibility of a bidder will be based on whether the bidder: A. Maintains a permanent place of business. B. Has adequate plant and equipment to do the work properly and within the time limit established. C. Has acquired a sand source acceptable to the ENGINEER. D. Has adequate financial status to meet his obligations contingent to the work. E. Provides bidder's bond, payment bond and performance bond executed by a company appearing on the U.S. Treasury Department's most current list (Circular 570 as amended.) 23.0 Contractor To Be Satisfactory to Owner The Contract will not be awarded to any bidder or bidders who have failed in any contractual obligations to the OWNER or to any of the subdivisions or municipalities of the State of Georgia, or who has any previous contract performed in a manner unsatisfactory to the OWNER, either as to the SECTIONA-1 7 INSTRUCTIONS character of the work, the fulfillment of guarantees or the time consumed in its completion. The OWNER requires that the selected firm will need to register as a Contractor on Tybee at a cost of $20.00 and fill out both the E -Verification and SAVE paperwork required by the State of Georgia. 24.0 FEMA Cost -Sharing Requirements The provisions of the contract are intended in all respects to comply with the terms of applicable Code of Federal Regulations, including 2 CFR 200 and Appendix II to Part 2.00 in all respects and this contract shall be interpreted in accordance with that intention the parties agree that dispute resolution would include pre suit mediation, that there are no conflicts of interest involved and will not be during the duration of the project, there has been and will be no inappropriate lobbying, all environmental laws applicable will be complied with, The Contract Work Hours and Safety Standards Act will be complied with and that during the performance of the contract the contractor will comply with all equal opportunity requirements and that the Davis — Bacon Act will be complied with — to the extent applicable. 25.0 Sand Source Criteria All material to be placed for purposes of dune maintenance at North Beach shall be similar in both color and grain size distribution to that presently existing both along the eroded duneline and that typifying the adjacent beach located above the Mean High Water Line. Such sand shall be free of fines, clay and organics and have a relatively low carbonate (shell) content. The material may not contain construction debris, toxic material, other foreign matter, coarse gravel, rocks or large shell (of any type). Any such material found to be unsuitable will be rejected at the site and must be disposed of at the CONTRACTOR'S expense. For purposes of assessment a one (1) lb. (min) sample typifying the sand source shall be submitted to the Engineer with a grain size distribution curve analyzed by a qualified soils laboratory. More than one sample may be provided. All samples considered to be suitable for the use intended, will be certified and retained by the Engineer as a reference, or benchmark. for material to be delivered to the site during the period of construction by the Contractor. Alternate sand sources may not be utilized after an Award, unless approved in writing by the Engineer. END OF SECTION SECTIONA-3 8 INSTRUCTIONS BID SUBMITTAL CHECKLIST NORTH BEACH DUNE REMEDIATION PROJECT TYBEE ISLAND GEORGIA SEALED BIDS MUST INCLUDE WITHOUT EXCEPTION: Page • Section A-2 — BID .................................................................................... Pg. 1-7 • Section A -3a AFFIDAVIT & SWORN STATEMENT ................................ Pg. 1-5 • Section A -3b — List of Subcontractors.............................................................. Pg. 1 • Section A -3c — Statement of Experience.......................................................... Pg. 1 • A Letter -of -Acceptance by the Engineer referencing the proposed sand source for construction of the project for which the BID is submitted .............................. Pg. I • A 5% Bid Bond. • Any and all Addenda issued prior to the receipt of bids. • A copy of the sand source certification issued by the Engineer THIS PAGE IS FOR REFERENCE ONLY — IT IS NOT A BID DOCUMENT i B. AGREEMENT SECTION CITY OF TYBEE ISLAND NORTH BEACH DUNE REMEDIATION PROJECT B. AGREEMENT SECTION GENERAL CONDITIONS OF THE CONTRACT LO DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 "Addenda" --Written or graphic instruments issued prior to the opening of Bids which Clarify, correct, or change the Contract Documents. 1.2 "Agreement" --The written agreement or Contract between OWNER and CONTRACTOR covering the work to be performed; other Contract Documents are attached to the Agreement and make a part thereof as provided therein. 1.3 "Application for Payment" --The Periodical Estimate for Partial Payment Form which is to be used by CONTRACTOR in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. 1.4 "As directed," "as permitted," "reviewed," "acceptable," "approved," or words of similar import mean the direction, requirements, permission, approval, or acceptance of ENGINEER, unless stated otherwise. 1.5 "As shown," "as indicated," "as detailed," or works of similar import refer to the Drawings unless stated otherwise. 1.5 "Availability Date"-- The earliest date the CONTRACTOR will be able to commence the work specified in these Contract Documents. For this Contract, work at North Beach may not proceed earlier than 1 Sept. 2017. SECTIONB-1 GC -1 GENERAL CONDITIONS 1.7 "Bid"-- The offer or cost of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed by the OWNER. 1.8 "Bonds" -- Bid, performance, and payment bonds and other instruments of security. 1.9 "Change Order" -- A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the work or an adjustment in the Contract Price or the Contract Time, issued on or after the effective date of the Agreement. 1.10 "Contract Documents"-- The Notice to Bidders, Instructions to Bidders, the Agreements, Addenda (which pertain to the Contract Documents), CONTRACTOR`s Bid (including documentation prior to the Notice of Award). The Bonds, these General Conditions, the Specifications, the Drawings, together with all modifications issued after the execution of the Agreement. The Contract Documents will include any Permits issued by the U.S. Army Corps of Engineers, and the Georgia, D.N.R. 1.11 "Contract Price" -- The money payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the approximate quantities provisions in the Instructions to Bidders in the case of Unit Price Work). 1.12 "Contract Time" -- The number of days or the date stated in the Agreement for the completion of the work. 1.13 "CONTRACTOR" -- The person, fine or corporation with whom OWNER has entered into the Agreement. 1.14 "Day" -- A calendar day of twenty-four hours measured from midnight to the next midnight. SECTIONB-1 GC -2 GENERAL CONDITIONS 1.15 "Defective" -- An adjective which when modifying the word work refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment. 1.16 "Demobilization" _- The removal of all equipment and material from the work location and doing so in a manner which leaves the work site in its original condition, or in a condition acceptable to the OWNER, or as specified by the Contract. 1.17 "Drawings" -- The drawings which show the character and scope of the work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. The term is synonymous with the term "plans". 1.1.8 "Effective Date of the Agreement" -- The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.19 "ENGINEER" --the firms of Olsen Associates, Inc., and Thomas & Hutton, acting through its authorized representative(s). 1.20 "Environmental Pollution" -- The presence of chemical, physical or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balance of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic or recreational purposes. The control of environmental pollution requires consideration of air, water and land and involves noise, solid waste - management and management of radiant energy and radioactive materials, as well as other pollutants. SECTIONB-1 GC -3 GENERAL CONDITIONS 1.21 "Field Order" -- A written order issued by ENGINEER which orders minor changes in the work but which does not involve a change in the Contract Price or the Contract Time. 1.22 "Final Acceptance" -- The date when the construction of the project is complete in accordance with the Contract Documents so that the entire project can be utilized for the purposes for which it is intended and all monies due CONTRACTOR have been paid him in the final Application for Payment. 1.23 "General Requirements" -- Sections of Division 1 of the Specifications. 1.24 "Inspector" -- The Engineering or technical inspector duly authorized or appointed by ENGINEER or the CITY, limited to the particular duties entrusted to him. 1.25 "Major Equipment" -- The major equipment items listed by name in the Bid Form and in the Agreement and which are to be furnished and installed under the Contract. 1.26 "Materials" -- Refers to sand fill acceptable to the ENGINEER imported from an off -island site. 1.27 "Mobilization" -- The transporting, positioning, and readying of all equipment and personnel required to complete the work as specified in the Contract. 1.28 "Modification" -- (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement. 1.29 "Notice of Award" -- The written notice by OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified. OWNER will sign and deliver the Agreement. SECTION B-1 GC -4 GENERAL CONDITIONS 1.30 "Notice to Proceed" (NTP) -- A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligation under the Contract Documents. Acquisition of materials may begin with a NTP. Work at North Beach may not proceed until 1 Sept. 2017. 1.31 "OWNER" -- The City of Tybee Island, Georgia. 1.32 "PIans" -- This term is synonymous with the term "drawings." 1.33 "Project" -- The total construction of which the work to be provided under the Contract Documents maybe the whole or apart, as indicated elsewhere in the Contract Documents. 1.34 "Provide" -- As used in the Specifications means furnish and install. 1.35 "Resident Project Representative" -- The authorized representative of ENGINEER or OWNER who is assigned to the site or any part thereof. 1.36 "Shop Drawings" -- All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the work. 1.37 "Specifications" -- Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the work and certain administrative details applicable thereto. Same as Technical Requirements. 1.38 "Subcontractor" -- An individual, firm, or corporation having a direct contract with CONTRACTOR or with an other Subcontractor for the performance of a part of the work at the site. SECTIONB-I GC -5 GENERAL CONDITIONS 1..39 "Substantial Completion" -- The work (or specified part thereof) has progressed to the point where, in the opinion of ENGINEER, it is sufficiently complete, in accordance with the Contract Documents, so that the work (or specified part) can be utilized for the purpose for which it was intended. 1.40 "Supplier" -- A manufacturer, fabricator, supplier, distributor, materialman, or vendor. 1.41. "Work" -- The entire completed construction or various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. SECTION B-1 GC -6 GENERAL CONDITIONS 2.0 CONTRACT DOCUMENTS 2.1 General. The Contract Documents comprise the following general Classifications of documents, including all additions, deletions, and modifications incorporated therein before the execution of the Agreement. Bidding Documents Specifications Contractual Documents Drawings Conditions of the Contract Permits 2.2 Bidding Documents. The Bidding Documents issued by OWNER to assist bidders in preparing their Bid include: 2.2.1. Invitation to Bid bound herewith. 2.2.2 Instructions to Bidders bound herewith. 2.2.3 The Bid which is the offer of a bidder to perform the work described in the Contract Documents, made out and submitted on the prescribed Bid Form bound herewith, properly signed and guaranteed. 2.2.4 Any Addenda issued during the time of bidding, or forming a part of the Contract Documents used by the bidder for the preparation of his Bid shall be covered in the Bid and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Bid. 2.3 Contractual Documents 2.3.1 Agreement. The Agreement covers the performance of the work described in the Contract Documents, including all supplemental addenda thereto and all general and special provisions pertaining to the work or materials therefore. The Agreement form is bound herewith. 2.3.2 Bonds. CONTRACTOR shall, at the time of his execution of the Agreement, furnish bonds payable to OWNER in the form of bonds set forth herein, secured by a surety company acceptable to the OWNER, as follows: 2.3.2.1 Faithful Performance Bond in an amount equal to one hundred percent (100%) of the total Contract Amount, conditioned upon the faithful performance of all covenants and stipulations under the Contract and warrantying all SECTION X I GC -7 GENERAL CONDITIONS materials, workmanship and equipment for a period of one year after the final acceptance of the work to protect OWNER against the results of defective materials, workmanship, and equipment during that time. 2.3.2.2 Payment Bond in an amount equal to 100 percent (100%) of the total Contract Amount for the payment of all persons, companies, or corporation who perform labor upon or furnish material to be used in the work under this Contract. 2.3.2.3 It is the responsibility of CONTRACTOR to notify all surety companies and other signers of any of the bonds listed, to familiarize themselves with all of the conditions and provisions of this Contract. All surety companies and other signers shall waive their right of notification by OWNER of any change or modification of this Contract, or of decreased or increased work, or of the cancellation of this Contract, or of any other acts OWNER or its authorized employees or agents under the terms of this Contract. The waiver by the surety companies and other signers shall in no way relieve the surety companies and other signers of their obligations under this Contract. 2.4 Conditions of the Contract 2.4.1 General Conditions of the Contract bound herewith and of which this paragraph is a part. 2.5 Specifications and Drawings 2.5.1 Contract Specifications are bound herewith and are listed in the table of contents for these Contract Documents. 2.5.2 Contract Drawings include but are not limited to those listed in Volume 11 of the Contract Documents. 2.6 Discrepancies 2.6.1 Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to ENGINEER, who shall promptly correct such inconsistencies or ambiguities in writing. Any work done by SECTION X I GC -8 GENERAL CONDITIONS CONTRACTOR after such findings, until authorized, will be done at CONTRACTOR's risk. 2.6.2 Omissions from the drawings and specifications or the mis- description of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the CONTRACTOR from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications. 2.6.3 It is understood that the CONTRACTOR has, by personal examination and inquiry if necessary, satisfied himself as to the local conditions and as to the meaning, requirements, and reservations of the specifications and drawings; for, after the letting, no deviation will be allowed from the ENGINEER's interpretation of the drawings and specifications. In case errors or omissions are discovered, they are to be corrected or supplied by the CONTRACTOR without extra cost to the OWNER according to the apparent intention of the ENGINEER. Work or materials strictly extra are hereinafter provided for. 2.7 Interpretation of Specifications and Drawings. The Contract Specifications and the Contract Drawings are intended to be explanatory of each other. Any work indicated on the Drawings and not in the Specifications, or vice versa, is to be executed as if indicated in both. In the event of any doubt or question arising respecting the true meaning of the Specifications or Drawings, reference shall be made to ENGINEER and his decision thereon shall be final. 2.8 Dimensions and Measurements 2.8.1 Finished surfaces in all cases shall conform with the lines grades, cross-sections, and dimensions shown on the Drawings. Deviations from the Drawings, as may be required by the exigencies of construction, will in all cases be determined by the ENGINEER and authorized in writing by the ENGINEER or by OWNER. If additional dimensions are required, they shall be requested from the ENGINEER. SECTION B-1 GC -9 GENERAL CONDITIONS 2.8.2 Figures marked on drawings shall be in general followed in preference to scale measurements. Large-scale drawings shall in general govern small-scale drawings. The CONTRACTOR shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which may have been avoided thereby. 2.9 Title and Headings. The title and subheadings printed on the Drawings, in the General Conditions, in the Technical Specifications, and elsewhere in the Contract Documents are inserted for the convenience of reference only and shall not be taken or considered as having any bearing on the interpretation thereof. 2.10 Additional Drawings and Instructions 2.10.1 The Drawings and Specifications are intended to be comprehensive and to indicate in more or less detail the scope of the work. Should it appear that the work to be done, or any of the matters relative thereto, is not sufficiently detailed or explained in these Contract Documents, including the Drawings, CONTRACTOR shall apply to ENGINEER for such further explanations as may be necessary and shall conform thereto as part of this Contract, so far as may be consistent with the terms of the Contract. 2.1.0.2 In addition to these explanations ENGINEER may furnish additional drawings and instructions from time to time during the progress of the work to clarify or to define in greater detail the intent of the Specifications and Drawings, and CONTRACTOR shall make his work conform to all such additional drawings and instructions. 2.11 Copies Furnished 2.11.1 OWNER will furnish to CONTRACTOR, free of charge, three (3) copies of the Contract Documents. 2.11.2 Additional sets desired will be furnished at printing cost, based upon commercial printing rates plus shipping and handling charges as applicable. SECTION B -I GC -10 GENERAL CONDITIONS 3.0 OWNER -CONTRACTOR -ENGINEER RELATIONS 3.1 Rights -of -Way. OWNER will provide access at a single point to the shoreline which is the area of work to be performed by CONTRACTOR under this Contract. The CONTRACTOR shall be responsible for any repairs required to restore the equipment access location utilized during the work, including adjacent dunes and vegetation. 3.2 Suspension of Work. OWNER may at any time suspend the work, or any part thereof, by giving reasonable notice to CONTRACTOR. The work shall be resumed by CONTRACTOR on the date fixed in a written notice from OWNER to CONTRACTOR. If suspension ofthe work is due to no fault of CONTRACTOR and not otherwise authorized by other provisions of the Contract Documents, OWNER will reimburse CONTRACTOR for such expense, if any, which is incurred by CONTRACTOR in connection with the work under this Contract as a result of such suspension which would not have been incurred or reasonably required if there had not been such suspension; provided that there shall be no reimbursement if the period of suspension occurs after expiration of the time allowed for completion of the work, exclusive of any extension of time because of avoidable delays. 3.3 Right of OWNER to Terminate Agreement 3.3.1 OWNER shall have the right to terminate his Agreement with CONTRACTOR after giving five (S) days written notice of termination to CONTRACTOR in the event of any default by CONTRACTOR. 3.3.2 It shall be considered a default by CONTRACTOR whenever he shall: 3.3.2.1 Declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors. 3.3.2.2 Disregard or violate provisions of the Contract Documents and Permits or fail to prosecute the work according to the agreed upon Schedule of Completion, including extensions thereof. 3.3.2.3 Fail to pay subcontractors or suppliers in a timely fashion. 3.3.2.4 Lose his license or certification. SECTION B-1 GC -11 GENERAL CONDITIONS 3.3.3 In the event of termination of the Agreement by OWNER because of default by CONTRACTOR, OWNER may take possession of the work and of all materials and equipment thereon and may finish the work by whatever method and means he may select. In the event of termination of the contract, no further payments shall be made to the CONTRACTOR until the Work is completed and OWNER shall be entitled to retain all contract funds. When the Work is completed, OWNER shall be entitled to be reimbursed all costs of completing the Work and all costs related to the contract termination, including, but not limited to, additional Engineering costs, financing costs and attorney's fees, from the remaining contract funds. If, after all such costs are paid to the OWNER, there are any excess contract funds, these may be paid to the CONTRACTOR. 3.4 Emergency Protection 3.4.1 In case of an emergency which threatens loss, damage, or injury to persons or property and which requires immediate action to remedy, in the absence of CONTRACTOR's Personnel, then and in that event, OWNER, with or without notice to CONTRACTOR or his surety, may provide suitable protection to the said property and persons by causing such work to be done and such material to be furnished as shall provide such protection as OWNER may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by CONTRACTOR and if the same shall not be paid on presentation of the bills therefore, then such costs shall be deducted from any amounts due or to become due CONTRACTOR. 3.4.2 The performance of such emergency work under the direction of OWNER shall in no way relieve CONTRACTOR from any damages which may occur daring or after such precaution has been taken by OWNER. 3.5 Attention to Work. CONTRACTOR shall supervise the work to the end that it shall be prosecuted faithfully, and he shall at all times be represented by a competent superintendent or foreman who shall be present at the work and who shall receive and obey all instructions or orders given under this SECTIONB-1 GC -12 GENERAL CONDITIONS Contract; and who shall have full authority to execute the same, and to supply materials, tools, and labor without delay; and who shall be the legal representative of CONTRACTOR. CONTRACTOR shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. 3.6 Protection of Existing Structures, Unless otherwise indicated on the Drawings or unless otherwise taken care of by the OWNER thereof, all lawns, overwalks, revetments, piers and all other structures of any nature, whether below or above ground, that may be affected by the work shall be protected and maintained by CONTRACTOR and shall not be disturbed or damaged by him during the progress of the work. Should CONTRACTOR disturb, disconnect, or damage any lawn, utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair thereof shall be borne by CONTRACTOR. 3.7 Protection of Contractor's Work and Property 3.7.1 CONTRACTOR shall protect his work, supplies, equipment, and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever, until the completion and acceptance of the work. 3.7.2 Neither OWNER nor any of its officers, employees, or agents assumes any responsibility for collecting indemnity from any persons or person causing damage to the work of CONTRACTOR. 3.8 Subcontractors 3.8.1 No subcontractor will be recognized as such, and all persons engaged in the work or construction will be considered as employees of CONTRACTOR and he will be held responsible for their work which shall be subject to the provisions of the Contract. 3.8.2 CONTRACTOR shall perform with his own organization and with the assistance of workmen under his immediate supervision work of a value not less than 30 percent (30%) of the value of all work embodied in this Contract, except that furnishing and installing items of major equipment will be exempted from this requirement. SECTIONBWI GC -13 GENERAL CONDITIONS 3.8.3 CONTRACTOR shall notify OWNER in writing of the name of all subcontractors he proposes to employee on the Contract and shall not employ any subcontractors until OWNER's approval in writing covering such subcontractors has been obtained. 3.8.4 Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and OWNER. It shall be further understood that OWNER will have no direct relations with any subcontractor. Any such necessary relations between OWNER and subcontractor shall be handled by CONTRACTOR. 3.8.5 Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by CONTRACTOR upon notice from OWNER. 3.9 Liability of CONTRACTOR 3.9.1. The mention of any specific duty or liability imposed upon CONTRACTOR shall not be construed as a limitation or restriction of any general or other liability or duty imposed upon CONTRACTOR by this Contract, said reference to any specific duty or liability being made merely for the purpose of explanation. 39.2 CONTRACTOR shall be responsible to OWNER for the acts and omissions of all his employees and all subcontractors, their agents and employees and all subcontractors, their agents and employees, and all other persons performing any of the work under an agreement with CONTRACTOR. 3.10 Assumption of Risks. Until the completion and final acceptance by OWNER of all of the work under or implied by this Contract, the work, except those portions which are under beneficial use by OWNER, shall be under CONTRACTOR's care and charge and he shall be responsible therefor. CONTRACTOR shall rebuild, replace, repair, restore, and make good all injuries, damages, re -erection, and repairs occasioned or rendered necessary by causes of any nature whatsoever, to all or any portions of the work, except as otherwise stipulated. SECTIONB-1 GC -14 GENERAL CONDITIONS 3.11 Acceptance of Contractor's Plans. The acceptance by ENGINEER of any drawing or any method of work proposed by CONTRACTOR shall not relieve CONTRACTOR of any of his responsibility for any errors therein and shall not be regarded as any assumption of risk or liability by OWNER or any officer or employee thereof; and CONTRACTOR shall have no claim under the Contract on account of the failure or partial failure of inefficiency of any plan or method so accepted. Such acceptance shall be considered to mean merely that ENGINEER has no objection to CONTRACTOR's using, upon his own full responsibility, the plan or method proposed. 3.12 Suggestions to Contractor. Any plan or method of work suggested by ENGINEER to CONTRACTOR, but not specified or required, if adopted or followed by CONTRACTOR in whole or in part, shall be used at the risk and responsibility of CONTRACTOR, and ENGINEER and OWNER shall assume no responsibility therefor. 3.13 Cooperation with Owner and Other Contractors. Any difference or conflict which may arise between CONTRACTOR and other CONTRACTORs who may be performing work in behalf of OWNER, or between CONTRACTOR and workmen of OWNER in regard to their work shall be adjusted and determined by ENGINEER. If the work of CONTRACTOR is delayed because of any acts or omissions of any other CONTRACTOR of OWNER, CONTRACTOR shall on that account have no claim against OWNER other than for an extension of time. 3.14 Resident Project Representative. OWNER will furnish a Resident Project Representative to observe the performance of the work. The duties, responsibilities, and limitations of authority of the Resident Project Representative and assistants will be defined in these General Conditions. 3.15 Authority of the Engineer. All work done under this Contract shall be done in accordance with the Contract Documents and in a good workmanlike manner. To prevent disputes and litigation, ENGINEER shall in all cases determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract. ENGINEER shall decide all questions relative to the true construction, SECTIONB-1 GC -15 GENERAL CONDITIONS meaning, and intent of the Specifications and the Drawings; shall decide all questions which may arise relative to the classifications and measurements of quantifies and materials and the fulfillment of this Contract; and shall have the power to reject work or material which does not conform to the terms of this Contract. His estimate and decision in all matters shall be a condition precedent to an appeal to OWNER or the right of CONTRACTOR to receive, demand, or claim any money or other compensation under this Contract and a condition precedent to any liability on the part of OWNER to CONTRACTOR on account ofthis Contract. Wherever ENGINEER shall be unable to act, in consequence of absence or any other cause, then such person as ENGINEER or OWNER shall designate shall perform any and all of the duties and be vested with any or all of the power herein given to ENGINEER. 3.16 Inspection 3.16.1 Properly authorized and accredited inspectors shall be considered to be the representatives of OWNER limited to the duties and power entrusted to them. It will be their duty to inspect materials and workmanship of those portions of work to which they are assigned, either individually or collectively, under instructions of ENGINEER and to report any and all deviations from the Drawings, Specifications, and other Contract provisions which may come to their notice. The OWNER shall have the right to order a portion or all of the work to which an Inspector is assigned stopped if, in the OWNER's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage shall be for a period reasonably necessary for OWNER to determine that the work will in fact proceed in due f ilfilhnent of all Contract requirements. 3.1.6.2 The ENGINEER's Project Representative may direct the maintenance of the gages, ranges, baseline monumentation, location marks and limit marks in proper order and position, but the presence of the inspector shall not relieve the CONTRACTOR of the responsibility for the proper execution of the work in accordance with the drawings and specifications. The contract will be required: SECTION B-1 GC -16 GENERAL CONDITIONS a. To furnish, on the request of the ENGINEER or his Project Representatives, the use of such boats, boatmen, laborers; and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary for inspection and supervising the work. b. To furnish, on the request of the ENGINEER, or his Project Representatives, suitable transportation from all points on shore designated by the ENGINEER to and from the various pieces of plant, and to and from the borrow sites. c. Should the CONTRACTOR refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the ENGINEER, and the cost thereof will be deducted from any amounts due or to become due the CONTRACTOR. 3.17 Observation of Completed Work 3.17.1 If any work is covered up without being inspected by ENGINEER, it must, if required by ENGINEER in writing, be uncovered for examination and properly restored at CONTRACTOR's expense. 3.17.2 Re-examination of any work may be ordered by ENGINEER, and if so ordered in writing CONTRACTOR shall remove or uncover such portions of the completed work as may be directed by ENGINEER at any time before acceptance of the work. After examination, CONTRACTOR shall restore the work to the standard required by the Contract Documents. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the restoring of the work shall be paid for as extra work but, should the work exposed or examined prove unacceptable, the uncovering, removing, and restoring of the work shall be at CONTRACTOR's expense. SECTIONB-1 GC -17 GENERAL CONDITIONS 4.0 MATERIALS AND WORKMANSHIP 4.1 General Quality of Materials. Sand shall be of a quality equal to that represented by the CONTRACTOR at the time of bid in grain size, composition, and color. It shall be pre -approved (certified) by the ENGINEER as being acceptable. 4.2 Approval of Materials. All sand offered to be furnished or furnished for the work is subject to continuous inspection and approval or rejection by ENGINEER during the course of the work. 4.3 Removal of Condemned or Misplaced Materials, Structures, and Work. CONTRACTOR shall remove from the site of the work, without delay, all rejected materials, or work of any kind brought to or incorporated in the work, and upon his failure to do so, or to make satisfactory progress in so doing within two working days after the service of a written notice from ENGINEER, the rejected materials or work may be removed by OWNER and the cost of such removal shall be taken out of the money that may be due or may become due CONTRACTOR on account of or by virtue of this Contract. No such rejected material shall again be offered for use by CONTRACTOR under this Contract. 4.4 Final Clean -Up. Final clean-up shall include the removal of all of the CONTRACTOR's plant and equipment either for disposal or reuse. Plant and/or equipment to be disposed of shall only be disposed of in a manner and at locations offsite. Unless otherwise approved in writing by the OWNER, the CONTRACTOR will not be permitted to abandon unused materials or equipment in the work area, water areas, or other areas adjacent to the work site. SECTION B-1 GC -18 GENERAL CONDITIONS 5.0 INSURANCE, LEGAL RESPONSIBILITY, AND SAFETY 5.1 Insurance. CONTRACTOR shall tape out, pay for, and maintain throughout the duration of the project and the warranty period, the following insurance coverage. 5.1.1 Public Liability and Property Damage Insurance 5.1.1.1 For Contractor. This insurance shall protect CONTRACTOR from claims for bodily injury and property damage (except automotive equipment) which may arise because of the nature of the work or from operations under this Contract. 5.1..1.2 For Owner and Engineer. The CONTRACTOR shall be required to maintain policies which meet the limits addressed by this Section. In addition, said policies shall name OWNER, ENGINEER, their partners, officers, agents and employees as additional insured. 5.1.1.3 Amount of Coverage. Each of the above public liability and property damage policies of insurance shall provide coverage in the following minimum limits of liability. For bodily injury $1,000,000 each occurrence; property damage, $1,000,000 on account of any one occurrence with an aggregate Iimit of not less than $2,000,000. SECTIONB-1 GC -19 GENERAL CONDITIONS 5.1.1.4 Subcontractors. The public liability and property damage insurance shall not be deemed to require CONTRACTOR to have his subcontractors named as co - insureds in his policy of public liability and property damage, but the policy shall protect him from contingent liability which may arise from operations of his subcontractors. Also, CONTRACTOR shall secure certificates of insurance as evidence that each subcontractor carries insurance to provide coverage under this Contract to the same limits as is required by CONTRACTOR. CONTRACTOR shall submit copies of his subcontractors insurance certificates to OWNER and ENGINEER as evidence of insurance coverage. 5.1.1.5 Included Coverage. The above public liability and property damage insurance shall also include the following coverages: • Premises -Operations -Escalators. • CONTRACTOR's protective (subcontractors to CONTRACTOR). • Products -Completed Operations. • Personal Injury (false arrest, libel, wrongful eviction, etc.) • Broad Form Property Damage. • CU (explosion, collapse, underground damage). Exclusions deleted when applicable to operations performed by CONTRACTOR or his subcontractors. • CONTRACTOR Liability with respect to the hold harmless agreement as herein stated. 5.1.1.6 Comprehensive Automobile and Truck Liability. This insurance shall cover owned, hired, and other non -owned vehicles as shall protect CONTRACTOR from claims for bodily injury or property damage which may arise from the use of motor vehicles engaged in various operations under this Contract. The insurance shall provide minimum limits of liability for bodily injury of $1,000,000 each occurrence, and $500,000 of property damage each occurrence. 5.1.2 Worker's Compensation Insurance. Before beginning the work, CONTRACTOR shall furnish to OWNER satisfactory SECTIONB-1 GC -20 GENERAL CONDITIONS Proof that he has taken out, for the period covered by the work under this Contract, full worker's compensation insurance for all persons whom he may employ in carrying out the work contemplated under this Contract. 5.2 Certificate of Insurance. CONTRACTOR shall, at the time of execution of his Contract, file with OWNER a certificate of insurance in the form set forth herein, and copies of the policies covering all his insurance as required herein, and the policy or policies of insurance covering all his insurance as required herein, and the policy or policies of insurance covering said OWNER, ENGINEER, and their partners, officers, agents, and employees. In those states where use of the preprinted certificate insurance form is prohibited, CONTRACTOR shall submit an approved form of certificate of insurance providing the coverages herein required. Each such policy and certificate shall be satisfactory to OWNER and shall bear an endorsement precluding cancellation, reduction, or change in coverage without giving OWNER at least 30 days prior notice thereof in writing. Nothing contained in the insurance requirements shall be construed as limiting the extent of CONTRACTOR's responsibility for payment of damages resulting from his operations under this Contract. 5.3 Notification of Insurance Companies. It is the responsibility of CONTRACTOR to notify all insurance companies to familiarize themselves with all of the conditions and provisions of this Contract. The insurance companies shall waive their right of notification by OWNER of any change or modification of this Contract, or of decreased or increased work, or of the cancellation of this Contract, or of any other acts by OWNER or its authorized employees or agents under the terms of this Contract. The waiver by insurance companies shall in no way relieve the insurance companies of their obligations under this Contract. 5A Hold Harmless Agreement. In consideration of the payment of Ten and no/100 Dollars ($10.00), CONTRACTOR shall indemnify and save harmless OWNER, ENGINEER, and all of their partners, officers, agents, and employees from all suits, actions, or claims of any character brought for or on account of any injuries to or death resulting from the operations of SECTIONB-1 GC -21 GENERAL CONDITIONS CONTRACTOR or any of his subcontractors in prosecuting the work under this Contract, excepting only such damage, injury, or death as shall have been occasioned by the sole negligence of OWNER or ENGINEER. 5.5 Laws to be Observed. CONTRACTOR shall keep himself filly informed of all existing and future federal, state, county, and municipal laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the material used in the work or conduct of the work or the rights, duties, power, or obligations of OWNER or of CONTRACTOR or which otherwise effect the Contract, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents, subcontractors, and employees to observe and comply with, all such laws, ordinances, regulations, orders, and decrees, and shall protect and indemnify OWNER and all of its officers, agents, and employees, and ENGINEER, against any claim, loss, or liability arising or resulting from or based upon the violation of any such law, ordinance, regulation, order, or decree, whether by himself or by his agents, subcontractors, or employees. 5.6 Provisions of Law. It is specifically provided that this Contract is subject to all the provisions of law regulating and controlling the performance of work for OWNER, and that the rules of law shall prevail over any provision contained in any of the Contract Documents which may be in conflict thereto or inconsistent therewith. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein and the Contract Documents shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract Documents shall forthwith be physically amended to make such insertion or correction. 5.7 Deliveries to Contractor. Delivery by OWNER or any of its agents or representatives to CONTRACTOR of any drawings, samples, notices, letters, communications, or other things may be made by personal delivery to CONTRACTOR; by personal delivery to Contract's foreman or superintendent at the site of the work; by delivery to CONTRACTOR's SECTIONB-1 GC -22 GENERAL CONDITIONS business address specified in the bid or specified in a written notice of changes address delivered to OWNER; or by delivery to CONTRACTOR's office at the site of the work. Delivery to CONTRACTOR's above- mentioned business address or to CONTRACTOR's office at the site of the work may be made either by personal delivery to such address or office or by depositing the thing to be delivered in the United States mail, postage prepaid, addressed to such address or office. 5.8 Assignment of Contract. This Contract may not be assigned in whole or in part except upon the written consent of OWNER. Any assignment agreement shall be subject to review and approval by OWNER. 5.9 Protection of Persons and Property 5.11.1 CONTRACTOR will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. CONTRACTOR shall furnish such watchmen, guards, fences, warning signs, lights, and walkways, and shall take all other precautions as shall be necessary to prevent damage to persons or property. All existing structures, lawns, vegetation, decks, walkways, and improvements in the vicinity of the work shall be protected by CONTRACTOR, and if such property is damaged, injured, or destroyed by CONTRACTOR, his employees, subcontractors, or agents, it shall be restored to a condition as good as when he entered upon the work. 5.11.2 The duty of ENGINEER to conduct construction inspection of CONTRACTOR's performance does not include any review of the adequacy of CONTRACTOR's safety measures in, on, or near the construction site or sites. ENGINEER has not been retained or compensated to provide design and construction review services relating to CONTRACTOR's safety precautions or to means, methods, techniques, sequences, or procedures required for CONTRACTOR to perform his work. SECTION S-1 GC -23 GENERAL CONDITIONS 5.10 Liability of Owner's Representatives and Officials. No official or employee of OWNER, nor ENGINEER, nor any authorized assistant or agent of any of them, shall be personally responsible for any liability arising under this Contract. ENGINEER shall not be responsible for construction means, methods, techniques, sequences and procedures, time of performance, or for safety precautions and programs in connection with construction work. ENGINEER shall not be responsible for CONTRACTOR's failure to carry out the work in accordance with the Construction Contract. ENGINEER shall not be responsible for acts or omissions of CONTRACTOR, any subcontractors, or any of their agents or employees, or any other persons performing any of the work. 5.11 Accident Prevention. In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies and equipment; and for avoidance of work interruptions in the performance of this contract, the CONTRACTOR shall comply with all pertinent provisions of Corps of Engineers Manual, EM 385- 1-1, dated I October 1992, entitled "Safety and Health Requirements Manual", as amended, and will also take or cause to be taken such additional measures as the ENGINEER may determine to be reasonably necessary for the purpose. The CONTRACTOR will maintain an accurate record of, and will report to the ENGINEER in the manner and on the forms prescribed by the ENGINEER, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract. The ENGINEER will notify the CONTRACTOR of any noncompliance with the foregoing provisions and the action to be taken. The CONTRACTOR shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the CONTRACTOR or his representative at the site of the work, shall be deemed sufficient to the purpose. If the CONTRACTOR fails or refuses to comply promptly, the ENGINEER may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders SECTION B-1 GC -24 GENERAL CONDITIONS shall be made the subject of claim for extension of time or for excess costs or damages by the CONTRACTOR. 5.12 QSHA Regulations. The CONTRACTOR is responsible to meet and comply with all Occupational Safety & Health Regulations of the U.S. Department of Labor (OSHA) as might apply to this work. SECTIONB-1 GC -25 GENERAL CONDMONS 6.0 PROGRESS AND COMPLETION OF WORK 61 Commencement of Contract Time; Notice to Proceed. The Contract time will commence to ran on the day indicated in the Notice to Proceed. 6.2 Notice of Starting Work. CONTRACTOR shall notify OWNER in writing forty-eight (48) hours before starting work at the site of the work of his intentions to do so. In case of temporary suspension of work he shall give reasonable notice before resuming work. 6.3 Time of Completion. CONTRACTOR shall promptly begin the work and prosecute the same until the work under this Contract shall be completed and ready for full use within the time specified in the Agreement. 6.4 Equipment and Methods. 6.4.1 The work under this Contract shall be prosecuted with all materials, tools, machinery, apparatus, and labor, and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied in the Contract Documents. If at any time before the beginning or during the progress of the work, any part of CONTRACTOR's plant or equipment or any of his methods of execution of the work appear to ENGINEER to be inefficient or inadequate to insure the required quality or rate of progress of the work, he may request and OWNER may order CONTRACTOR to increase or improve his facilities or methods and CONTRACTOR shall comply promptly with such orders, but neither compliance with such orders nor failure of OWNER to issue such orders shall relieve CONTRACTOR from his obligation to secure the quality of the work and the rate of progress required. CONTRACTOR alone shall be responsible for the safety, adequacy, and efficiency of his equipment and methods. 6.4.2 The CONTRACTOR agrees to keep on the job sufficient equipment to meet the requirements of the work. The SECTIONB-1 GC -26 GENERAL CONDITIONS equipment shall be in satisfactory operating condition and capable of safely and efficiently performing the work set forth in the Specifications and the equipment shall be subject to inspection by the ENGINEER at all times. The CONTRACTOR is responsible for the safety of the equipment operations 6.5 Unfavorable Weather and Other Conditions. During unfavorable weather and other unfavorable conditions CONTRACTOR shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by an unfavorable conditions shall be constructed while these unfavorable conditions exist unless, by special means or precautions, CONTRACTOR shall be able to overcome them to the satisfaction of the OWNER. 6.6 Alterations, Deletions, and Extra Work 6.6.1. OWNER reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by OWNER and, also, to make such alterations or deviations, additions to, or deletions from the work or the Drawings and Specifications as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Upon written order of OWNER, CONTRACTOR shall proceed with the work as increased, decreased, or altered. Such work shall be considered a part of and subject to all terms and requirements of the Contract Documents. 6.6.2 ENGINEER is authorized to order, on behalf of OWNER, minor changes in the work which do not involve extra cost to OWNER and which do not change the character of the work. He is not authorized to order any other changes, alterations, deletions, additions, or extra work, unless they are approved in a Change Order properly authorized in writing by OWNER. 6.6.3 No claim of CONTRACTOR for extra compensation because of any change, alteration, deletion, addition, or extra work will be paid or be payable unless a written order for such change, alteration, SECTIONB-I GC -27 GENERAL CONDITIONS 6.7 Delays deletion, addition, or extra work is signed by the authorized representative of OWNER. All adjustments, if any, in the Contract Price to be paid to CONTRACTOR because of any such change, alteration, deletion, addition, or extra work shall be made only to the extent and in the manner provided under the paragraph, "Payment For Extra Work and Work Deleted" in these General Conditions. Such alterations shall in no way affect, violate, or make void this Contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this Contract. 6.6.4 In case of neglect or refusal by CONTRACTOR to perform any extra work which may be authorized by OWNER or to make satisfactory progress in its execution, OWNER may employ any person or persons to perform such work and CONTRACTOR shall not in any way interfere with or molest the person or persons so employed. 6.6.5 When any changes decrease the amount of work to be done, such changes shall not constitute a basis or reason for any claim by CONTRACTOR for extra compensation or damages on account of any anticipated profits which he thereby loses on the omitted work, and CONTRACTOR shall not be entitled to any compensation or damages therefore. 6.7.1 Avoidable Delays 6.7.1.1 Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, safety, foresight, or diligence on the part of CONTRACTOR. 6.7.1.2 Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of whole work within the time herein specified; reasonable loss of time resulting from the necessity of submitting SECTION B-1 GC -28 GENERAL CONDITIONS drawings to ENGINEER for approval and from the making of surveys, measurements, and inspection; and such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other Contractors employed by OWNER, which do not necessarily prevent the completion of the whole work within the time herein specified, will be deemed avoidable delays within the meaning of this Contract. 6.7.2 Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this Contract shall include all delays which may result through causes beyond the control of CONTRACTOR and which he could not have provided against by the exercise of care, prudence, foresight, or diligence. Orders issued by OWNER changing the amount of work to done, the quantity of material to be furnished, or the manner in which the work is to be prosecuted; failure of OWNER to provide rights-of-way as provided herein; and unforeseen delays in the completion of the work of other Contractors under Contract with OWNER will be considered unavoidable delays, so far as they necessarily interfere with CONTRACTOR's completion of the work. 6.7.3 Notice of Delays 6.7.3.1 Wherever CONTRACTOR foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay, he shall notify ENGINEER in writing of the probability of the occurrence of such delay and its cause in order that ENGINEER may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the work are to be delayed thereby. 6.7.3.2 After the completion of any part or the whole of the work, ENGINEER, in approving the amount due CONTRACTOR, will assume that any and all delays SECTIONB-1 GC -29 GENERAL CONDITIONS which have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of ENGINEER at the time of their occurrence and later found by him to have been unavoidable. CONTRACTOR shall make no claims that any delay not called to the attention of ENGINEER at the time of its occurrence has been an unavoidable delay. 6.8 Extension of Time 6.8.1 For Unavoidable Delays. For delays which are unavoidable, as determined by OWNER, CONTRACTOR will be allowed, if he applies for the same, an extension of time beyond the time specified for completion, proportionate to such unavoidable delay or delays, within which to complete the Contract, and CONTRACTOR will not be charged, because of any extension of time for such unavoidable delay, any Engineering and inspection costs as are charged in the case of extensions of time for avoidable delays. 6.8.2 For Avoidable Delay. 6.8.2.1 If the work called for under this Contract is not finished and completed by CONTRACTOR, in all parts and in accordance with all requirements, within the time specified for completion elsewhere in these Contract Documents, including extensions of time granted because of unavoidable delay; or if at any time prior to the expiration of said time it should appear to OWNER that CONTRACTOR will be unable to finish and complete said work as aforesaid within said time; and if CONTRACTOR's failure or inability to finish and complete said work as aforesaid within said time should be due, as determined by OWNER, to avoidable delay or delays, then in that event OWNER, if it finds such to be for the best interests of OWNER, may, but will not be required to, grant to CONTRACTOR an extension or extensions of time within which to finish and complete all said work. SECTION B -I GC -30 GENERAL CONDITIONS 6.8.2.2 In addition, if the time limit be so extended, OWNER shall charge to CONTRACTOR, and may deduct from the final payment for the work, all Engineering and inspection expenses incurred by OWNER in connection with the work during the period of such extension or extensions, except that the cost of final surveys and preparation of final estimates will not be included in such charges. Such expenses ofMINER shall be computed on the basis of the hourly schedule of charges set forth in these General Conditions ofthe Contract. 6.8.3 Effect of Extension of Time. The granting of any extension of time on account of delays which in the judgment of OWNER are avoidable delays shall in no way operate as a waiver on the part of OWNER of its rights under this Contract. 6.9 Liquidated Damages 6.9.1 If the CONTRACTOR fails to complete the work within the time specified in the contract, or any extension, the CONTRACTOR shall pay to the OWNER as liquidated damages, $500. per day for each day of delay. 6.9.2 If the OWNER terminates the CONTRACTOR's right to proceed, the resulting damage will consist of liquidated damages of $500. per day until such reasonable time as may be required for final completion of the work, together with any increased costs occasioned the OWNER in completing the work. 6.9.3 If the OWNER does not terminate the CONTRACTOR's right to proceed, the resulting damage will consist of liquidated damages $500. per day until the work is completed or accepted. 6.10 Proof of Compliance with Contract. In order that ENGINEER may determine whether CONTRACTOR has complied with those requirements of this Contract with which compliance is not readily ascertainable through inspection and tests of this work and material, CONTRACTOR shall, at any time requested, submit to ENGINEER properly authenticated documents or SECTIONB-1 GC -31 GENERAL CONDITIONS other satisfactory evidence as proof of his compliance with such requirements. SECTION B-1 GC -32 GENERAL CONDITIONS 7.0 PAYMENTS TO CONTRACTOR 7.1 Progress Estimates and Payments 7.1.1 CONTRACTOR shall, on the 25th day of each calendar month, make an estimate of the value of the work performed in accordance with this Contract since the last preceding Application for Payment was made. CONTRACTOR shall then prepare and submit the Application for Payment to ENGINEER on the periodical estimate for partial payment forms. 7.1.2 Monthly Progress Payments for work shall be based on the percentage of work completed as approved the ENGINEER. The OWNER shall retain ten percent (10%) of each monthly payment to be paid subsequent to final acceptance of the completed work. 7.2 Unit Price Items 7.2.1 Unit price items listed in the final Agreement Form may be of two types, "Unit Price Construction Items," and "Unit Price Work Items Ordered by ENGINEER During Construction." For all unit price items quantities as set forth are the best estimates which can be made during design, since actual quantities cannot be determined until construction is underway. If any of said quantities is exceeded by not more than five percent (5%) of the quantity listed, no Change Order for the additional work will be required. If any one of said quantities exceeds the quantity listed by more than five percent (50/o), a Change Order for the additional work will be required. If any one of said quantities exceeds the quantity listed by more than five percent (511/o) a Change Order for any work greater than one hundred and five percent (105%) will be required before payment for such additional work will be made. 7.2.2 Unit Price Work Items Ordered By ENGINEER During Construction. These unit price items will be used to pay for designated work, not shown on the Contract Drawings when ordered by ENGINEER in writing during construction. SECTIONB-1 GC -33 GENERAL CONDITIONS 7.3 Payment for Extra Work and Work Deleted 7.3.1 Whenever corrections, additions, or modifications in the work under this Contract change the amount of work to be done, or the amount of compensation due CONTRACTOR except as provided for unit price items, OWNER will prepare a Change Order setting forth the extra work to be performed or work to be omitted. Such a Change Order will also set forth the method of computing the added or reduced compensation to be due CONTRACTOR. The method of computing the added or reduced compensation will be determined under one or more of the following methods as selected by OWNER. 7.3.1.1 By unit prices contained in CONTRACTOR's original bid and incorporated in this Construction Contract. 7.3.1.2 By negotiated unit prices for items not included in CONTRACTOR's original bid; or 7.3.1.3 By an acceptable lump sum price proposal by CONTRACTOR. 7.4 Quantity Surveys 7.4.1 The CONTRACTOR shall make accurate surveys, truck counts and computations as are necessary to determine the quantities of work performed or placed during each period for which progress payment is to be made. All original field notes, computations, and other records shall be recorded in duplicating field books, the original pages of which shall be furnished daily in ring binders to the representatives of the ENGINEER at the site of the work and shall be used by the ENGINEER to the extent necessary in determining the proper amount of progress payments due the CONTRACTOR, unless waived by the ENGINEER in each specific case, all surveys made by the CONTRACTOR shall be made in the presence and under the direction of a representative of the ENGINEER. The CONTRACTOR shall notify the ENGINEER twenty-four (24) hours in advance of each intent to perform surveys of any nature. 7A.2 The OWNER reserves the right to make such surveys as necessary for verification of surveys made by the CONTRACTOR. The OWNER may also make final surveys for acceptance. SECTIONB-1 GC -34 GENERAL CONDITIONS 7.5 Owner's Right to Withhold Certain Amounts 7.5.1 OWNER may withhold from payment to CONTRACTOR, in addition to the retained percentage, such an amount or amounts as may be necessary to cover: 7.5.1.1 Payments that may be earned or due for just claims for labor or material furnished in and about the work. The OWNER may withhold payment for more than the work involved in the claim. 7.5.1.2 Defective work not remedied. 7.5.1.3 Failure of CONTRACTOR to make proper payments to a subcontractor. 7.5.1.4 Reasonable doubt that this Contract can be completed for the balance then unpaid. 7.5.1.5 Damage to another CONTRACTOR, where there is evidence thereof. 7.5.1.6 Excess cost of field engineering, inspection, and other expenses. 7.5.1.7 Failure of CONTRACTOR to timely complete cleanup, property restoration, final shaping of the sand fill and mitigation. 7.5.2 OWNER also reserves the right, even after full completion and acceptance of the work, to refuse payment of the final amount due CONTRACTOR until it is satisfied that all subcontractors, material suppliers, and employees of CONTRACTOR have been paid in full_ 7.5.3 OWNER also reserves the right, even after full completion and acceptance of the work, to refuse payment of the final amount due CONTRACTOR until it is satisfied that all subcontractors, material suppliers, and employees of CONTRACTOR have been paid in full. 7.6 Payment for Uncorrected Work. If any portion of the work done or material furnished under this Contract proves defective and not in accordance with the Contract Documents and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or wholly undesirable; or if the removal of such work is impracticable or will create SECTIONB-1 GC -35 GENERAL CONDITIONS conditions which are dangerous or undesirable, ENGINEER shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he shall recommend to OWNER such deductions therefor in the payment due or to become due CONTRACTOR as may be just and reasonable, and OWNER may make such deductions as are just and reasonable. 7.7 Payment for Work by Owner Following Termination of the Contract. Upon termination of the Contract by OWNER in accordance with "Right Of A OWNER To Terminate Agreement" no further payment shall be due CONTRACTOR until the work is completed. If the unpaid balance of the Contract Amount shall exceed the cost of completing the work, including all overhead costs, attorney's fees, engineering fees, the excess shall be paid to CONTRACTOR. If the cost of completing the work shall exceed the unpaid balance, CONTRACTOR shall pay the difference to OWNER. The cost incurred through CONTRACTOR's default shall be certified by OWNER. 7.8 Acceptance. Any part of the work may be accepted in writing by OWNER when it shall have been completed in accordance with the terms of the Contract Documents as determined by OWNER and its official representatives. When the work is substantially completed, CONTRACTOR shall notify OWNER, in writing, that the work will be ready for final inspection and test on a definite date which shall be stated in such notice. The notice shall be given at least ten (10) days in advance of said date and shall be forwarded through ENGINEER. OWNER shall cause an inspection to be made in order to determine whether the work has been completed in accordance with the terms of the Contract Documents. 7.9 Final Estimate and Payment 7.9.1 CONTRACTOR shall, as soon as practicable after the final acceptance of the work by OWNER under this Contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be checked, approved, and signed by ENGINEER and by the official representative of OWNER after approval of the governing body of OWNER. After such approval, OWNER shall pay or cause to be paid to CONTRACTOR, in the SECTIONB-1 GC -36 GENERAL CONDITIONS manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other amounts as the terms of this Contract prescribe. 79.2 Neither the final payment nor any part of the retained percentage shall become due until CONTRACTOR shall deliver to OWNER a complete release of claims or liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that to his knowledge or information, the release and receipts include all the labor and material for which a lien or claim could be filed, but CONTRACTOR may, if a subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to OWNER to indemnify OWNER against any claim or lien (in cases where such payment is not already guaranteed by surety bond). if any claim or lien remains unsatisfied after all payments are made, CONTRACTOR shall refund to OWNER all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 7.10 Use of Completed Portion. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work, or such portions which may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. SECTIONB-1 GC -37 GENERAL CONDITIONS AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE NORTH BEACH DUNE REMEDIATION PROJECT THIS AGREEMENT, made this 23rd day of August , 2017, by and between the City of Tybee Island, GA, hereinafter called the "Owner", and TIC - The Industrial Company , hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City of Tybee Island, GA, has heretofore solicited bids for all material, work and improvements and for the doing of all things included within the hereinafter specified North Beach Dune Remediation Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest responsible, responsive bidder for the hereinafter specified North Beach Dune Remediation Project. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings, and agreements, the parties hereto do hereby agree as follows: ARTICLE I - WORK TO BE DONE BY CONTRACTOR Contractor agrees. at his own cost and expense, to do all the work and furnish all the labor, materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the North Beach Dune Remediation Project for the City of Tybee Island, GA, all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at his own cost and expense, all other things required of the Contractor by said Contract Documents for said work. 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: SECTION B-2 1 AGREEMENT 1.) I u, itation to Bid 2.) Instructions to Bidders 3.) Bid 4.) General Conditions of the Contract 5.) Agreement b.) 'Technical Requirements 7.) Contract Drawings 8.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 9.) Any and all other documents or papers included or referred to in the foregoing documents including State and Federal Permits 10.) Any and all Addenda to the foregoing, all of which are on file with the Owner or at the office of the project engineer, Olsen Associates, Inc. 11.) Certification by Engineer of a pre -qualified sand source to be used for construction. ARTICLE III - CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing all work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work, in the manner and according to and in compliance with the Contract Documents as directed by the Engineer in accordance with these documents, and for any and all other things required by the Contract Documents: SECTION B-2 1 AGREEMENT Unit Price Construction Items BASE BID — NORTH BEACH DUNE MAINTENANCE PROJECT ITEM NO. DESCRIPTION OF ITEM INSTALLED ESTIMATED QUANTITY UNIT UNIT PRICE ESTIMATED AMOUNT 1 Mobilization/Demobilization 1 Job Is $ 9,000.00 2 Beach Compatible Sand Used for Dune Reconstniction 12.350 cy {„ $_33.95 $_ 419,282.50 TOTAL CONTRACT AMOUNT In place, graded, shaped and accepted. $ 428,282.50 The foregoing quantities and totals on unit price items and the foregoing Total Contract Amount are approximate only, being herein above inserted for the purpose of establishing the face amount of bonds to be provided by the Contractor. Payment of work covered by the above unit price items will be trade only on the basis of the actual quantities of work completed in place as authorized, and as measured and accepted as provided in the Contract Documents. ARTICLE IV- CONFLICT BETWEEN COMPONENT PARTS OF CONTRACT In the event that any provision in any of the following component parts of this Contract conflicts with any provisions in any other of the following component parts, the provision in the component part first enumerated below shall govern over any other component part which follows it except as may be otherwise specifically stated. Said component parts are as follows. 1) Addendum Numbers _L, 2 , and 2) This instrument 3) Contractor's Bid 4) Sand Source Certification 5) General Conditions of the Contract 6) Technical Requirements 7) Contract Drawings 8) Permits (State and Federal) 9) Instructions to Bidders 10) Invitation to Bid SECTION B-2 A AGREEMENT This Contract is intended to conform in all respects to applicable Statutes of the State in which the work is to be constructed, and if any part or provision of this Contract conflicts therewith, the said Statute shall govern. ARTICLE V - STARTING AND COMPLETION The Contractor shall, and agrees to, commence sand placement for the Dune Maintenance Project at North Beach within 15 calendar days after the Permitted start date of 1 September 2017, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within 90 Calendar days. Contractor shall, and agrees to. furnish and deliver to Owner within ten (10) days after date of award of this Contract, the Faithful Performance Bond and Payment Bond and the insurance certificates and policies required of him by the Contract Documents prerequisite to starting work. ARTICLE VI - LIQUIDATED DAMAGES The Owner and Contractor recognize that time is of the essence in this Agreement and that Owner will suffer financial loss if the work is not completed and finally inspected within the time specified. They also recognize delays and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the Owner if the work is not substantially completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as reasonable liquidated damages (but not as a penalty or forfeiture) Contractor shall pay to the Owner Five Hundred Dollars and 001100 ($500.00) per day should construction not be Finally Accepted before the date stipulated in Article V above. This remedy is in addition to and supplements any and all other remedies to the Owner as set forth in the Contract Documents or at law or in equity. ARTICLE VII - PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. SECTION B-2 4 AGREEMENT ARTICLE VIII -- 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 IX — 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. ARTICLE X — FEMA COST SHARING REQUIREMENTS The provisions of the contract are intended in all respects to comply with the terms of applicable Code of Federal Regulations, including 2 CFR 200 and Appendix II to Part 200 in all respects and this contract shall be interpreted in accordance with that intention. The parties agree that dispute resolution would include pre suit mediation, that there are no conflicts of interest involved and will not be during the duration of the project, there has been and will be no inappropriate lobbying, all environmental laws applicable will be complied with, the Contract Work Hours and Safety Standards Act will be complied with and that during the performance of the contract the contractor will comply with all equal opportunity requirements and that the Davis — Bacon Act will be complied with — to the extent applicable. SECTION B-2 5 AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in four original counterparts the day and year first above written. (SEAL) TIC - The Industrial Company (Contractor) Carl G. Kleeman III Vice President By It's tyle 1� "'4551 A&t r Attest: I4 44"'J— Title Assistant Secretary City of Twee Island_ GA (Owner) By: It's Attest: -AA4---Z Title 6&4L-/C�. Approved this day of , 2CL 17 1 MPORTANT 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. SECTION B-2 6 AGREEMENT CERTIFIED COPY OF RESOLUTION OF TIC — THE INDUSTRIAL COMPANY "WHEREAS, the Corporation intends to enter into a contract with the City of Tybee Island, Georgia (the "Contract"), with regard to performing work for the North Beach Dune Remediation project (the "Project"). NOW, THEREFORE, BE IT RESOLVED, that Carl G. Kleeman, III, as Vice President of the Corporation, has the authority to execute and deliver the Contract, up to a value of Ten Million Dollars ($10.000,000), on behalf of the Corporation in connection with the Project." I, Mary M. Carnazzo, certify that I am the Secretary of TIC — The Industrial Company, a Delaware corporation ("Corporation"). I certify that: (1) The resolution quoted above was adopted by the Consent Action of the Board of Directors, signed on August 23, 2017; (2) Any action of the directors of the Corporation may be taken without a formal meeting if the directors consent in writing; (3) The signed Consent Action has been filed in the minute book of the Corporation; and (4) The resolution has not been revoked or amended and is now in full force and effect. SIGNED on August 23.2017. Mary M o, Sec BID BOND Travelers Casualty and Surety Company of America (Names legal status and address) TIC - The Industrial Company 205 Hutchinson Island Road Savannah, GA 31421 OWNER: (Name, legal status and address) City of Tybee Island P0. Box 2749 Tybee Island. GA 31328 BOND AMOUNT: 5% Hartford, Connecticut 06183 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Five Percent of Amount Bid PROJECT: (Name, location or address, and Project number, rf any) North Beach Dune Remediation Project The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators„ successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contiactor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation; shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bits. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the inient is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches that this document conforms to Auner'can Institute of Architects Document A310, 2010 Edition s Signed and sealed this 9th day of August , 2017 TIC - The Industrial Company (Principal) (seas) By LI-11Ir wrr�,� Travelers Casualt and 5uret Cam an of a `- f (Surety) {S Y _ ti ( WeMaci Sutton 'Attorney -in -Fact ` The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 Edition 2 TRAVELERSJftk POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. Bid. Bored Mel Rujec Description: #ort#- Beach Dune Remediation Project St Paul Mercury insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety company of America united States Fidelity and Guaranty Company Principal: TIC - The Industria. Company Obiigne 'City of'Tybee Island KNOW ALL MEN BY THESE PRESENTS: That: Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stag Fidelity and Guaranty Company, are c3orpomflons duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laves of the State of Iowa, and that Fidelity and Guaranty Insurance Ute, Inc. is a Corporation duty organized under the laws of the State of Wisconsin (herein collectvely called the "Companies"), and that the 'Dmpanies do hereby make, constitute and appoint Traci Sutton of tie City of Omaha City , State of NE ,their true and (awful Attorney -in -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WnWESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20 coy of June, 2016. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance llndarwriters, Inc. St Paul Fre and Marine Insurance Company St Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company r s�•�,w fsii � 1195# � sv*a � ,�SeAL � � SEISLi� �� � 3 �� C � i� State of Connecticut City of Hardbid ss. Br - Robert L. Raney, Senior Vice President On this the 240 day of June , 2016, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, `travelers Casualty and Surety Company of America, and United States Fidefty+ and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my nand and official seal. My Commission expires the 30th day of June, 2021. Marie Cr Tetreauit, Naiary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty ;insurance Underwriters, Inc., St. Paul Erre and Marine Insurance Company, 5t Paul Guardian Insurance Campany, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are novo in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior slice President, any vice President, any record Vice President, the Treasurer, any Assistant 'Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, reoDgnizances, contracts c` indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove am� such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive vice President; any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shag be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Eceattive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant' Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority c by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following offs: President, any Executive Vice PreAleK any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certifiorte relating thereto acnpointing Resident Vice Pre rtes, Resident Assistant Secretaries or Attorneys-tn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signatum or facsimile seal shall be valid arW bang upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which 't ; ,_. _. I, Kevin E Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, SL panel Mercury Insurance Company, Travelers Casualty ana Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. 2NNITESTIMONY 1NH E REOF, I have hereunto set my hand and affixed the seals of said Companies thus � day of August -z- e��- Kevin E. Hughes, Assistant Secretary o►s�, r 6 � (00880 ��iFsNa )d] To verify the authenticity of this P-wer of Attorney, call 1-88f1--42,1-3880 or contact us at wwty travelersbond coo, Please refer to fire Atforrrey-ln-Fact number, the above-named JrrdivJdoals and the details of the bond to which the power fs attached. List of Available Equipment 1.. Cat D3 Bulldozer 2. Cat 950 Front End Loader 3. Volvo L120 Front End Loader 4. Skid Steer Loader t 7i Yk J I n � r 1 i .n • M3 n � w 1� Y pw C` 6d � � � OI � � Q1 '"I � �► �� � � ~ G a$C� O� O� C^ O � T ; a� R' � P � 6 3 J w ld J 3 3 t A t 9 y _xr c j \ } \ g ■ B \ } � !��§ ■ -!.� ■ fI$;�3 §�a qua 2�a §$■ ¢ §§:}2 � a � ■ i � ! § }§!.\ � ■%f§2! s■� ,■� ■■� ,l����k§�7j�= Ze - a ■�� !%� ^�:! ;��-kS� ��_ - � } � \�2 � ; %2f-��% � �&{�f�}| 2��� ■|�� ! > Of ADDENDUM NO. 1 CITI OF TI'BEE ISLAND. GA — NORTH BEACH DUNE REMEDIATION PROJECT Date Issued: 2 August 2017 Bid Date: I I August 2017 Engineer: Olsen Associates. Inc. 26 IS Herschel St. Jacksonville. FL 32204 ( 904) 387-6114 Fax: ( 904) 3K4-7368 colsenrat olsell -associates.com THE CONTRACT DOCUMENTS ISSUED 3 JULY 2017 ARE HEREBY MODIFIED AS FOLLOWS: REVISIONS: 1. The City of Tybee Island has recommended that the Engineer not accept the Jahna Industries sand source identified as Lihero- Sand Mine Beach "C" Sand based upon its color. Accordingly, the certification dated 27 -July -2017 for that sand source is no longer valid. Planholders therefore may not submit a Bid based upon the use of that sand source. 2. Instnictions to Bidders (Section A-1) page 4, Paragraph 12.0 - Sand Source Prequalilication Process. Sand source information necessary for pre-qualilicution may be submitted no later than 2 days prior to the bid date of I I August 2017 (in lieu of the 5 days originally stated). Contractors are advised however. that all such information must be complete and suitable for evaluation by the ENGINEER. END OF ADDENDUM 2 AUGUST 2017 -€DDE1'D111 \'u. 1 Al)I) %D1 rl V). 2 ("ITti OF I') B11' ISLAND. GA — NORTH BEACH DUN[ R&MEDIA'TION PROJE(T Date Issued: l) August 2017 Bid Date: 11 August 2017 Engineer: nlsert Associates. Inc. 2618 Herschel St. Jacksonville, 1,L 32204 (904)381-6114 Fax: (904) 384-7368 co l sen'L01 sexy-assoc iates. corn THE CONTRACT DOCUMENTS ISSUED 3 .JULY 2017 ARE HEREBV MODIFIED AS FOLLOWS: ADDITIONSIREV ISI OyS: 1. Copies of three (3) Sand Source Certifications issued by the Engineer are attached. No others will be issued before the receipt of bids. 2. Note that the Sand Source Certification for the "Ogeechee Rix er Sand" has been riwked. Pleast i .,rclNlh read the requirements 1(u- its use. I he revised version is dated 9 August 201 ". Enclosures = Certifications. FN"D OF ADDF DI'N 1 DDE -AM It No. Cl l Y O!~ 'I Y BEL ISLAND, GA \OR 1 H BEACH DUNE REMEDIATION PROJEC.I SAND SOURCE CERTIFICATION I he Project Engineer has Pre -qualified a sand source labeled as "McGraley Sand Pit" in Springlield. UA. rat 955 Indigo Rd.). as being acceptable for the above referenced project at. Tyhee Island, GA. Should this source of sand ultimately be used to construct the subject project. a physical sample will be kept by the ENGINEER. All sand delivered to the project site shall be well represented by the certified sand source material composition, color and grain sire distribution Delivered sand not represented by the sample or containing undesirable material shall be rejected and removed by the CONTRACTOR at no expense to the OWNER. f PROJECT ENGINEER Iirik J. Iscrt, E. -- Date: 9 August 2017 M l t h--- A cop) of this cNccutcd Fora, must he suhmitled with a Bid if thie sand source is proposed. CITY OF TYBEE ISLAND, GA 1',ORTH BEACH DUNE REMEDIATION PROJECT SAND SOURCE CERTIFICATION The Project Engineer has pre -qualified a sand source labeled as "CEMEX – Concrete Sand" from the Deerfield V1ine as being acceptable for the above referenced project at Tybee Island, GA. Should this source of sand ultimately be used to construct the subject project, a physical sample will be kept by the ENGINEER. All sand delivered to the project site shall be well represented by the certified sand source material composition, color and grain size distribution. Delivered sand not represented by the sample or containing undesirable material shall be rejected and removed by the CONTRACTOR at no expense to the OWNER. PROJECT ENGMER —(� 'i)ot Erik !. is , P.E. Date: ?_:august 201 - NOTE: A copy of this executed corm must be submitted with a Bid if this sand source is proposed CITY OF INBEE ISLA\D, 6 % NORTH BEACH DUNE REMEDIATION PROJEC I SAND SOURCE CERTIFICATION (Revisedi 11te Project Engineer has pre -qualified a sand source labeled as "Ogeechee River Sand" as being acceptable for the above relerenced project at Tybee Island. 0A - assuming it is rclativel. free of pebbles To that end. the volume of pebbles exceeding -t 7t, mm shall not exceed 1% of the total fill volume. Should this source of sand ultimately be used to construct the subject project, the sample will be kept by the ENGINEER. All sand delivered to the project site shall be well represented b% the certified sand source material composition, color and grain size distribution. Delivered sand not represented by the sample or containing undesirable material shall be rejected and removed by the CONTRACTOR at no expense to the OWNER. The ENGINEER reserves the right to analyze sand source composition during, the course of the work to assure compliance. PROJECT ENGFtiTf:R T Frn J.en;}P.E. Date: 4 August 201 eopk 1)1 th:�, �:NCCUICJ form must be uhmitied with a Bid if tlik, ,an(] ,otir,:e r, pr,)1)o,titd -.r :asst , Imes, lil; PROFESSIONAL LICENSING i�l Otit,I,' '.I CREIARY (rf S I A T I ItRIAN 1'. KIN1P Lit i•Iltir e 14.1alk l3rrn%ee tufor•mutiiur nme: Cart George Kleeman III - ---- Owner: ddress: 26 Branren Drive T Sevan,wih Gt- 14 10 }'ri�nnrs Sourer I.iren.r Inlnrmalir,n _ -.��- -- --- — - -- - -- . j u k +t.i.]��',i 1: Profession. CoResiraetoridenlitillGene*al Type: Ci e•terat Contractor Qualifying Agent Secondary: talus: Active Issued: 4125/2008 Expires: 0/30/2018 est Renewal Date: 4151201$ ethad. ApplicetlionlExam Exempt FrolelProv: A"116rited I.irLn>.c� Relationship- Suporv:scr i.icensee: TIC -The mausinal Compar•y License 0: GCCO000425 stablishod: 51ar1.008 i 1,11blic linal'rl r h•rlei-% Llcenso General Contractor Company Type: License Active stat{rs. Association 518/2008 Vote: Pite,459-- Sr_P 11r,-unienls suction below for any Ptlblic Board Orders [ldiev IlurnnrenL% _ T No Other Documents r:, -d ; current a of Ju... -4 `:}1•-, 8 Expiry:I 1 k - ..chs it is 10 be uses a5 a pnmary vcnhcat on for ucenses issued by the Professional Lice Boards Paper vedfico!i•,: 1r. availak, a foi a fee Please contact the Professional Licunsing Boards qt 4'8 C 14r} Licensee Details Ucensec Information Name: Tic - The Industrial Company Address: ATTN: Licensing 9780 Mt. Pyramid Ct Suite 100 Englewood CO 80112 Primary Sk)urce I.icencc Inforrmation tic #: UC300484 Profession: Utility Secondary: Method: Application Issued: 6/13/1995 Expires: 4/30/2019 %ssociated License-% Relationship: Supervisor Licenses: Kleeman, Cart George, III License #: UM000725 Established, Type: Prerequisite User Relationship: Supervisor Licensee: Mickelson, Roger Wiley License #: UM000729 Established: Type: Prerequisite User Public 11onrd Orders Other I)urunu nt� Type Utility Contractor Status* Active Last Renewal 4/25/2017 Date: Llcense Utility Manager Type: License Active Status: Association 3/17/2003 Date: License Utility Manager Type: License Lapsed status: Association 3/17/2003 Date: Please see Documents section below for any Public Board Orders No Other Documents Data current as of- May 2 2017 16:12.23 This website is to be used as a primary source verification for licenses issued by the Professional Licensing IL Of , s-cja.go.:•e*r�cahm+Duels.�s:,�cs�t=drAdcsltrOc:�•1t7�-8e�c-ltacci1�59a6e Owner. Expiry: Expiry: PROFESSIONAL LICENSING [,i iv,Kt ! i _ I+I IAA t� ti ",� l VU .^,N i t i Licensee Details Ucensec Information Name: Tic - The Industrial Company Address: ATTN: Licensing 9780 Mt. Pyramid Ct Suite 100 Englewood CO 80112 Primary Sk)urce I.icencc Inforrmation tic #: UC300484 Profession: Utility Secondary: Method: Application Issued: 6/13/1995 Expires: 4/30/2019 %ssociated License-% Relationship: Supervisor Licenses: Kleeman, Cart George, III License #: UM000725 Established, Type: Prerequisite User Relationship: Supervisor Licensee: Mickelson, Roger Wiley License #: UM000729 Established: Type: Prerequisite User Public 11onrd Orders Other I)urunu nt� Type Utility Contractor Status* Active Last Renewal 4/25/2017 Date: Llcense Utility Manager Type: License Active Status: Association 3/17/2003 Date: License Utility Manager Type: License Lapsed status: Association 3/17/2003 Date: Please see Documents section below for any Public Board Orders No Other Documents Data current as of- May 2 2017 16:12.23 This website is to be used as a primary source verification for licenses issued by the Professional Licensing IL Of , s-cja.go.:•e*r�cahm+Duels.�s:,�cs�t=drAdcsltrOc:�•1t7�-8e�c-ltacci1�59a6e Owner. Expiry: Expiry: �� 4 " , -.�� lrry t . Kc ENSE Nf) CHATHAM COUNTY F G. Sox 111111 SAVANNAH, GEORGIA 31412 BUSINESS TAX CERTIFICATE (35 ? -L CF 217990 `N`GlNEERING-- I.ONSTRU tr,n; TIC THE INDUSTRIAL C-OMPAN fi 2017 LYPIRES. : _ PERFORMANCE BOND Bond No.106774091 KNOW ALL MEN BY THESE PRESENTS: That we TIC -The Industrial Company (hereinafter called the Principal), and Travelers Casualty and Surety Company of America (the Surety) are held and firmly bound unto the City of Tybee Island, GA, and/or its assigns in the penal sum Of Four Hundred Twenty Eight Thousand, Two Hundred Eighty Two and 501100— ($ 428,282.50--- ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors, and assigns jointly and severely for the faithful performance of a certain written Contract dated the 23rd day of August , 2017, entered into between the Principal and the Owner for the City of Tybee Island, GA, North Beach. Dune Remediation Project a copy of which Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the terms, undertakings, covenants, agreements, and conditions of the contract in all respects on his part, and shall fully pay all obligation incurred in connection with the performance of such Contract on account of labor and materials used in connection therewith and all such other obligations of every form, nature, and character, and shall save harmless the Owner from all cost and damage which may be suffered by reason of the failure to fully and completely perform said Contract and shall reimburse and repay the Owner for all expenditures of every kind, character, and description which may be incurred by the Owner in making good any and every default which may exist on the part of the Principal in connection with the performance of said Contract and further that the Principal shall pay all lawful claims of all persons, firms, partnerships, or corporations for all labor performed and material furnished in connection with the performance of the Contract, and that the failure to do so with such persons, firms, partnerships, or corporations shall give them a direct right of action against the Principal and Surety under this obligation; and provided, however, that no suit, action, or proceedings by reason of any default whatever shall be brought on this Bond after one year from the date on which the final payment on the contract falls due, and provided further that if any alterations or additions which may be made under the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract or any other forbearance on the part of either the Owner or the Principal shall not, in any way, release the Principal and Surety or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, notice to the Surety of any such alterations, extension, or forbearance being expressly waived. "Phis obligation shall remain in full force and effect until the performance o f all covenants, terms, and conditions herein stipulated and after such performance this obligation shall become void. .SECHON B -3a I PERFORMANCE BOND IN TESTIMONY \VI II?REOF, witness the hands and seal of the parties hereto on this 28th day of August , 2017 Executed in two (2) counterparts. Witness: Countersigned: NIA (Resident Agent) TIC - The Industrial Company BONDING COMPANY: Travelers Casualty and Surety Company of America ADDRESS: One Tower Square, Hartford, CT 06183 COMPANY: Midwest Agencies, Inc. Traci Sutton, Attorney -in -Fact ADDRESS: 3555 Farnam Street Omaha, NE 68131 SECTION B -3a 2 PERFORMANCE BOND WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .A. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualt}% and Surety Company of America St. Paul Fire and Marine Insurance Company tinted States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 231 153 Certificate No. 0 0 715 0 9 4 4 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies" t. and that the Companies do hereby make. constitute and appoint Philip G. Dehn, Tammy Pike, Paul A. Foss, Marie Huggins, Traci Sutton, Joseph Lippert, and Jessica Baehr of the City of _ Omaha State of Nebraska their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN VVITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March . 2617 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 13th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 2 �,I.SUq�♦` � FSRE 6 � � Tx..:M$L9 JP� 9 a 3pL�i 4Mp8 rwl*q, �FyrrOtln, < gy i.9Jr� N �'-SEAL in} �s o toNr% N t$86 T t>� �-�. 4- ��.S�iLL;t o 6 Y � FHa y�'R nHc�`"v at5:7v�� °'«'._�..: r"a� ' . }+yew • " $d'bt1 Atlfd� State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 13th day of March2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Trax elcrs Casualty and Surery Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that be, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Cormnission expires the 30th day of June, 2021. Cleo 58440-5-16 Printed in U.S.A. WARNING: THIS THE RED lune C Tetrcault, Notary Public LABOR AND MATERIAL BOND Bond No. 106774091 KNOW ALL MEN BY THESE PRESENTS: That we, TIC - The Industrial Company as Principal, and Travelers Casualty and Surety Company of America , as Surety, are held and firmly bound unto the City of Tybee Island, GA, and/or its assigns (hereinafter called the Owner), In the penal SUM of Four Hundred Twenty Eight Thousand, Two Hundred Eighty Two and 501100 ---Dollars {$ 428,282.00--- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with said Owner, dated August 23, 2017 (hereinafter called the Contract) for the City of Tybee Island, GA, North Beach Dune Remediation Project, for which Contract and the Plans and Specifications for said work shall be deemed a part hereof as fully as if set out herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal and all subcontractors to whom any portion of work provided for in said contract is sublet and all assignees of said Principal and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, materials, equipment, of supplies for or in the prosecution of the work provided for in such contract, or in any amendment or extension of or additions to said Contract noticed which modifications to the Surety being hereby waived and for the payment of reasonable attorney's fees, incurred by the claimant or claimants in suits on said Bond, then the above obligation shall be void, otherwise to remain in full force and effect, PROVIDED, however that this Bond is subject to the following conditions and limitations. a. Any person, firm, or corporation that has furnished labor, materials, equipment, or supplies for or in the prosecution of the work provided for in said. Contract shall have a direct right of action against the Principal and Surety on this Bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said Contract is to be performed, or in any county in which said Principal or Surety does business. Such right of action shall be asserted in a proceeding instituted in the name of the claimant or claimants for his or their use and benefit against said Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon. SECTION B -3b I LABOR AND MATERIAL BOND C T Corporation System b. The principal and Surety hereby designate and appoint 1201 Peachtree Street, N.E., Atlanta, GA 30361 (To be filled in by Surety Company) as the agent of each of them to receive and accept service of process other pleading issued or filed in any proceeding instituted on this Bond and hereby consent that such service shall be the same as personal service on the Principal and/or Surety. C. The Surety shall not be liable hereunder for damage or compensation recoverable under any Workman's Compensation or Employer's Liability Statute. d. In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to any suit, action, or proceeding thereon that is instituted later than one year after the final settlement of said Contract. Executed in two (2) counterparts. SIGNED, SEAI,E,D, AND DELIVERED THIS 28th day of _August 2017 Witness: Countersigned: NIA (Resident Agent) TIC - The Industrial Company BONDING COMPANY: Travelers Casualty and Surety Company of America ADDRESS: One Tower S care Hartford CT 06183 Midwest Agencies, Inc. COMPANY 3555 Farnam Street, Omaha, NE 68131 ADDRESS SECTION B -3b 2 LABOR AND MATERIAL BOND WARNING: THIS POWER OF ATTORNEY I5 INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 231153 Certificate No. 007150943 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc.. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively tailed the "Companies"), and that the Companies do hereby make- constitute and appoint Philip G. Dehn, Tanuny Pike, Paul A. Foss, Marie Huggins, Traci Sutton, Joseph Lippert, and Jessica Baehr of the Cit. of Omaha State of Nebraska their true and lawful Attorttevis)-in-Fact, each in their separate capacity if more than one is named above, to sign- execute. sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this. 13th day of March 2017 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 02- FppP���� �� 4 `;=ly QO. '.-•^S44 }�/Lvp+' Ay,�n. � J� �O e� ...yyy���FIY`� 4'�" '�D �' t.{OR•�galf.� t rA AB -O R4 t r 4951 ;fsexL,o; State of Connecticut City of Hartford ss. By: Robert L. Ranee, senior Vice President On this the 13th day of March 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company- Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such. being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing, on behalf of the corporations by himself as a duly authorized officer. G.ITtj In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2021, O fit%-,vr f 58440-5-16 Printed in U.S.A. !Marie C. Tetreault, Notary Public AFFIDAVIT (To Be Attached To All Contracts) STATE OF NEBRASKA COUNTY OF DOUGLAS Traci Sutton , being first duly sworn, on oath deposes and says that he is Attorney -in -Fact (attorney) Of Travelers Casualty and Surety Company of America (in fact or agent) (bonding company) surety on the attached Contract on -W R T executed by TIC - The Industrial Company (Contractor) Affiant further deposes and says that no officer, official, or employee of the Owner has any interest directly or indirectly, or is receiving any premium, commission fee, or otherthing of value on account of the same or furnishing of the bond, undertaking, or contract of indemnity, guaranty, or suretyship in connection with the above mentioned Contract. XGENGft+gKNOTARY- State of Nebraska JESSICA BAEHR My Gomm Exp January 15, 2021 Subscribed and sworn to before me this Signed Jessica Baehr 28th day of __August , A.D., ?Q 17 Notary Public: Douglas County, Nebraska My Commission Expires: 1115/21 SECTION B -3e 1 AFFIDAVIT