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
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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
" , - . �� l r r y t .
K c E N S E N f )
C H A T H A M C O U N T Y
F G . S o x 1 1 1 1 1 1
S A V A N N A H , G E O R G I A 3 1 4 1 2
B U S I N E S S T A X C E R T I F I C A T E
( 3 5 ? - L C F 2 1 7 9 9 0
` N ` G l N E E R I N G - - I . O N S T R U t r , n ;
T I C T H E I N D U S T R I A L C - O M P A N f i
2 0 1 7
L Y P I R E S . : _
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
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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