The URL can be used to link to this page

Home My Public Portal AboutClk_amr contract2 STATE OF GEORGIA ) COUNTY OF CHATHAM AGREEMENT FOR GOODS AND SERVICES THIS AGREEMENT FOR goods and services relating to the installation of a drive-by/fully mobile Automated Meter Reading ("AMR") system in the City of Tybee Island, Georgia, also identified as RFP # 2013-637JExhibit "A"), hereinafter referred to as "Agreement", is made and entered into as of the Q$c-day of riA , 2013 (the "Date Hereof"), by and between Delta Municipal Supply Company, Inc., 85g Marathon Parkway, Suite 3, Lawrenceville, GA 30046, hereinafter referred to as the Company," and THE CITY OF TYBEE ISLAND, a municipality, whose address for the purposes of this Agreement is 403 Butler Avenue, P. O. Box 2749, Tybee Island, Georgia 31328, herein referred to as "the City." WITNESSETH THAT: WHEREAS, the City is a municipal corporation organized under Georgia law; and WHEREAS, the City desires to replace the number of existing water meters within the City's limits, set forth in Exhibit"8"; and WHEREAS, the Company, in conjunction with other entities identified herein, operating under the laws of the State of Georgia, is engaged in the supply of municipal supplies and installation of the same; and WHEREAS, the City has solicited requests for proposals relating to replacement of existing water meters; and WHEREAS, the Company has submitted a proposal for the installation of a certain number of Neptune water meters pursuant to the $653,054.00 Quote provided by Delta Municipal Supply Company, Inc. (Ex. "B"); and WHEREAS, the Company and City desire to document the terms and conditions of their Agreement. NOW, THEREFORE, for and consideration of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: ARTICLE 1 BASIC AGREEMENT 1.1 The Company will perform the Scope of Work ("the Work") described in RFP No. 2013- 637 City of Tybee Island, Georgia ("RFP") (Ex. "A") and Quote (Ex. "B"), attached hereto and incorporated by reference as if fully set forth herein, and supply all materials in connection therewith for a total sum of six hundred and fifty-three thousand and fifty-four dollars Page 1 of 12 ($553,054.00) ("the price") and will perform all preparatory and clean-up work associated therewith. The City will pay the Company $653,054,00 for the Work pursuant to the terms of this Agreement. 1.2 The Company will provide payment and performance bonds in the amount of the total agreement plus ten percent issued by an insurer or surety licensed and authorized in Georgia and provide proof of liability coverage with a minimum liability amount for comprehensive general liability and automobile liability of not less than $2,000,000.00. The Company shall maintain worker's compensation insurance equal to the statutory requirements for the duration of the work set forth in the Agreement. The insurance certificates shall name the City of Tybee Island as additional insured. 1.3 The Company will comply with the necessary requirements of all State and Federal law pertaining to the residency of its workers in effect as of the commencement of the Agreement and will further comply with all reporting requirements required of City contractors pursuant to the grant under which proceeds are being made available to the City and expressly recognizes that any breach on its part of the reporting and other requirements under such grant will result in potential liabilities to the City and the Company will indemnify and hold harmless the City for any such damages in addition to all other indemnity obligations contained herein or the terms and conditions attached hereto. 1.4 The Company shall perform work in accordance with the following schedule: The work shall be completed within 120 days from the date of this Agreement. The Company provided the City with "Small Meter Installation Procedure" (Exhibit "C"), which documents the process and procedure whereby the Company, through its subcontractor, will complete the work. The work shall proceed substantially in relation to the process according to the"Small Meter Installation Procedure". 13 In the event the Company fails to satisfy or complete the entire work contemplated and provided for under this Agreement on or before the date of completion described herein, the City shall deduct one thousand dollars ($1,000.00) for each day past the completion date from the payment due the Company, which sum is agreed upon not as a penalty, but as fixed and liquidated damages for each day of such duration, to be paid in full and subject to no deduction. If the payments due the Company are less than the amount of such liquidated damages, said damages shall be deducted from any other monies due or to become due the Company, and in case damages shall exceed the amount of all monies due or to become due the Company, then the Company or its surety shall pay the balance due under. Prior to the execution of this contract, the Company shall provide the City and Incode a list of tasks to be completed and a date that such tasks shall be completed. The Company shall not be liable for liquidated damages to the extent that the failure to satisfy or complete the entire work contemplated is due to either the City or Incode's failure to satisfy deadlines set by the Company for completion of tasks. For each day that a deadline is missed by the City or Incode, a day shall be added to the 120 day deadline for the Company stated herein, so that the liquidated damages do not begin to run until after the additional days have also run. Page 2 of 12 1.5 After cleaning up the Work premises, adjacent property, streets, alleys, and other areas or structures connected with the performance of the Agreement, the Work as a whole shall be observed by a representative of the City. Any workmanship or materials found not meeting the requirements of the agreement shall be removed by and at the expense of the Company good and satisfactory workmanship or material substituted therefore. All settlement, defects, or damage upon any part of the Work shall be remedied and made good by the Company. 1.7 If the Company fails to complete the Work under this Agreement within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work within the specified time, or shall perform the Work unsuitably or shall neglect or refuse to remove material or perform new work, or shall discontinue the prosecution of the Work, or if the Company shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry the Work in an acceptable manner or shall fail to maintain at all times the bonds and insurance herein required, the City shall give notice in writing to the Company and its surety by registered mail of such delays, neglect, or default, specifying the same, and if the Company, within a period of thirty (30) days after such notice, shall not proceed in accordance therewith, then the City shall, upon written certificates from its Manager of the fact that such delays, neglect, or default of the Company's failure to comply with such notice, shall have full power and authority without violating the agreement, to take the prosecution of the Work out of the hands of the Company, to take and utilize any or all materials and equipment as may be suitable and acceptable and may enter into an agreement for the completion of said agreement according to the terms and provisions thereof, or such other methods as, in its opinion, shall be required for the completion of said agreement in an acceptable manner. If costs and charges incurred by the City are less than the sum which would have been payable under the agreement, if it had been completed by said Company, then said Company shall be entitled to receive the difference. In case such expenses shall exceed the sum which would have been payable under the agreement, then the Company and the surety shall be liable and shall pay to the City the amount of such excess. 1.8 The City's Contract Administrator for this Agreement is Diane Schleicher or the City Manager. ARTICLE 2 MATERIAL AND WORKMANSHIP 2.1 All equipment, material, and artides furnished under this agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the Agreement to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Company may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved by the Contract Administrator, is equal to that named in the specifications, unless otherwise specifically provided in this agreement. 2.2 (a) The Company shall obtain the Contract Administrator's approval of the machinery and mechanical and other equipment to be incorporated into the Work. When requesting approval, the Company shall furnish to the Contract Administrator the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the Page 3 of 12 machinery, and mechanical and other equipment. When required by this agreement or by the Contract Administrator, the Company shall also obtain the Contract Administrator's approval of the material or articles which the Company contemplates incorporating into the Work. (b) When requesting approval, the Company shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) When required by the specifications or the Contract Administrator, the Company shall submit appropriately marked samples (and certificates related to them) for approval at the Company's expense, with all shipping charges prepaid. The Company shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Company's name, and the identification of the construction project for which the material or product is intended to be used. (d) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with agreement requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. (e) Approval of a sample shall not constitute a waiver of the City's right to demand full compliance with agreement requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. ARTICLE 3 WARRANTIES 3.1 In addition to any other warranties in this agreement, the Company warrants, except as provided in paragraph 3.9 of this agreement, that work performed under this agreement conforms to the agreement requirements and is free of any defect in equipment, material, or workmanship performed by the Company or any subcontractor or supplier at any tier. This warranty shall continue for a period of two years from the date of final acceptance of the Work. If the City takes possession of any part of the Work before final acceptance, this warranty shall continue for a period of 1 year from the date that the City takes possession. 3.2 The Company shall remedy, at the Company's expense, any failure to conform, or any defect. In addition, the Company shall remedy, at the Company's expense, any damage to City-owned or controlled real or personal property when the damage is the result of— (1) The Companys failure to conform to agreement requirements; or (2) Any defects of equipment, material, workmanship or design furnished by the Company. 3.3 The Company shall restore any work damaged in fulfilling the terms and conditions of this clause. The Company's warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement. Page 4 of 12 3.4 The Contract Administrator shall notify the Company, in writing, within a reasonable time after the discovery of any failure, defect or damage. If the Company fails to remedy C any failure, defect, or damage within a thirty days (30) after receipt of notice, the City shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Companys expense on a reasonable basis. 3.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this agreement, the Company shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed in writing, for the benefit of the City; and, (3) Enforce all warranties for the benefit of the City. The Company attaches hereto the installation subcontractors written warranty as Exhibit"D"and the products or goods warranties as Exhibit"E". 3.6 In the event the Company's warranty under paragraph 3.1 has expired, the City may bring suit at its own expense to enforce a subcontractor's warranty, 3.7 Company shall not be liable for the repair of any defect of material or design furnished by the City or for the repair of any damage(s)that result(s)from any defect in City-furnished material or design. 3.8 Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs 3.1 and 3.3 above relate onty to the specific obligation of the Company to correct the Work, and have no relationship to the time within which its obligation to comply with the agreement may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Company's liability with respect to its obligation other than specifically to correct the Work. 3.9 This warranty shall not limit the City's rights with respect to latent defects, gross mistakes or fraud, 3.10 The Company warrants good title to all materials, supplies and equipment incorporated in the Work and agrees to deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto. ARTICLE 4 COVENANTS AND REPRESENTATIONS 4.1 The Company shall provide all the goods and products and perform professional services in accordance with the Company's Proposal/Quote (Ex. "B") contained in the Agreement and contained herein. 4.2 To induce the City to enter into this Agreement, the City shall be entitled to rely upon the representations and certifications made by the Company in the Company's Proposal, without independent investigation and verification, and each such representation or certification shall be deemed to be material to this Agreement, The persons negotiating and executing this Page 5 of 12 Agreement on behalf of the parties has the full right, power, and authority to enter into, execute and perform this Agreement in accordance with the terms hereof, and when executed and delivered, this Agreement will constitute a valid and binding obligation of the parties and will be enforceable in accordance with the terms thereof. ARTICLE 5 PAYMENT AND FEES 5.1 The City shall pay the Company the price as provided in this Agreement, namely $653,054.00 (plus any Change Orders approved by the parties pursuant to this Agreement). 5.2 The City shall make progress payments every 30 days as the Work proceeds, based upon estimates of work accomplished which meets the standards of quality established under the Agreement, as approved by the Contract Administrator. All invoices are due and payable within thiry (30) days of receipt thereof, 5.3 Before the first progress payment under this agreement, the Company shall furnish, in such detail as requested by the Contract Administrator, a breakdown of the total agreement price showing the amount included therein for each principal category of the Work, which shall substantiate the payment amount requested in order to provide a basis for determining progress payments. The breakdown shall be approved by the Contract Administrator and must be acceptable to the City. If the agreement covers more than one project, the Company shall furnish a separate breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the agreement price. The Company shall prorate its overhead and profit over the construction period of the agreement. 5.4 The Company shall submit periodic estimates and pay applications showing the value of the Work performed during each period based upon the approved breakdown of the agreement price. Such estimates shall be submitted not later than 30 days in advance of the date set for payment and are subject to correction and revision as required. The estimates must be approved by the Contract Administrator. If the agreement covers more than one project, the Company shall furnish a separate progress payment estimate for each. 5.5 Along with each request for progress payments and the required estimates, the Company shall furnish the following certification, or payment shall not be made: General Contractor Certification I hereby certify, to the best of my knowledge and belief,that The amounts requested are only for performance in accordance with the specifications,terms,and conditions of the agreement; Payments to subcontractors and suppliers have been made from previous payments received under the agreement, and timely payments will be made Page 6 of 12 from the proceeds of the payment covered by this certification, in accordance with subcontractor agreements;and, This request for progress payments does not include any amounts which the General Contractor intends to withhold or retain from a subcontractor or supplier. Name: Title: Date: Signature: 5.6 The City shall retain ten (10) percent of the amount of labor-related progress payments until completion and acceptance of all work under the agreement; except, that if upon completion of 50 percent of the Work, the Contract Administrator determines that the Company's performance and progress are satisfactory, the City may make the remaining payments in full for the Work subsequently completed. If the Contract Administrator subsequently determines that the Company's performance and progress are unsatisfactory, the City shall reinstate the ten (10) percent (or other percentage as provided in State law) retainage until such time as the Contract Administrator determines that performance and progress are satisfactory. The City shall not be entitled to retain any amount for materials delivered to the City or those materials in the possession and ownership of the City. The retainage shall be for labor only, and not materials. 5.7 The Contract Administrator may authorize material delivered on the site and preparatory work done to be taken into consideration when computing the progress payments. Material delivered to the Company at locations other than the site may also be taken into consideration if the Company furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contract Administrator; (3) the material is insured to cover its full value; and (4) the material will be used to perform this agreement. Before any progress payment which includes delivered material is made, the Company shall furnish such documentation as the Contract Administrator may require to ensure the protection of the City's interest in such materials. The Company shall remain responsible for such stored material notwithstanding the transfer of title to the City. 5.8 All material and work covered by progress payments made shall, at the time of payment become the sole property of the City, but this shall not be construed as (1) relieving the Company from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the City to require the fulfillment of all of the terms of the agreement. In the event the Work of the Company has been damaged by other subcontractors, or persons other than employees of the City in the course of their employment, the Company shall restore such damaged work without cost to the City and to seek redress for its damage only from those who directly caused it. Page 7 of 12 5.9 The City shall make the final payment due the Company under this agreement after; (1) completion and final acceptance of all work; and (2) a mutual release relating to this Agreement, other than claims, in stated amounts, specifically excepted from the operation of the release, is agreed to by the parties. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Company's claim to amounts payable under this agreement has been assigned. 5.10 Prior to making any payment, the Contract Administrator may require the Company to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Company, if the Contract Administrator determines such evidence is necessary to substantiate claimed costs. 5.11 The City shall not; (1) determine or adjust any claims for payment or disputes arising there under between the Company and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the City to withhold moneys from the Company shall in no way impair the obligations of any surety or sureties under any bonds furnished under this agreement. ARTICLE 6 CONTINGENCIES 6.1 The obligations of the City are subject to the following conditions: (1) The ability of the City to carry out the terms of this Agreement in accordance with the laws and Constitution of the State of Georgia. (2) The timely performance by the Company of each and every covenant, agreement, and obligation imposed upon the Company in this Agreement. (3) The truth and accuracy as of the Date Hereof of each and every representation made by the Company. (4) This Agreement is expressly made subject to other laws affecting its subject matter. In the event of any conflict between such laws and this Agreement, such laws shall take precedence. 6.2 The obligations of the Company are subject to the following conditions: (1)The timely performance by the City of each and every covenant, agreement, and obligation imposed upon the City in this Agreement. ARTICLE 7 NOTICES 7.1 All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and given or served either in person, by statutory overnight delivery, or by United States Mail, postpaid, registered or certified with Return Receipt Requested, showing the name of the recipient and the date of delivery. Notices shall be addressed to the party or parties identified and at the address as set forth in the introductory paragraph of this Agreement, and the date upon which such notice is delivered shall be deemed the effective date thereof. Either party may, from time to time, by five (5) days' prior written Page 8 of 12 notice to the other party, specify a different agent or address to which notices can be delivered. Rejection or other refusal to accept a notice or inability to deliver a notice because of a changed agent or address of which no notice was given shall constitute receipt of the notice on the date when personal service is attempted or the date of the postmark, if mailed. 7.2 Notices to the Company shall be copied to the Company's outside counsel, R. Matthew Reeves; Andersen, Tate & Carr, P.C.; One Sugarloaf Centre; 1960 Satellite Blvd., Suite 4000; Duluth, GA 30097; Email: mreeves@atciawfirm.conn. ARTICLE 8 RIGHTS CUMULATIVE 8.1 All rights, powers, and privileges conferred hereunder shall be cumulative and not restrictive of those given by law. ARTICLE 9 NON-WAIVER 9.1 No failure of the parties to exercise any right or power given to the parties under this agreement, or to insist upon strict compliance by the other party with the provisions of this agreement, and no custom or practice of the parties at variance with the terms and conditions of this Agreement, shall constitute a waiver of the parties' right to demand exact and strict compliance with the terms and conditions of this Agreement. ARTICLE 10 CONTINUITY 10.1 Each of the provisions of this agreement shall be binding upon and inure to the benefit and detriment of the Company and the City and the heirs, devisees, legatees, legal representatives, successors and assigns of the Company and the City. ARTICLE 11 CONTRACT MODIFICATIONS 11.1 (a) Only the Contract Administrator has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. (b) The Contract Administrator may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the City's address). All other contract modifications shall be in the form of supplemental agreements signed by the Company and the Contract Administrator. (c) When a proposed modification requires the approval of the Tybee Island City Council prior to its issuance (e.g., a change order that exceeds the Contract Administrator's approved threshold), such modification shall not be effective until the required approval is given by the Tybee Island City Council. ARTICLE 12 CHANGE ORDERS 12.1 (a) The Contract Administrator may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: Page 9 of 12 (1) In the specifications (including drawings and designs); and (2) In the method or manner of performance of the work. (b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contract Administrator that causes a change shall be treated as a change order under this clause; provided, that the Company gives the Contract Administrator written notice stating (1) the date, circumstances and source of the order and (2) that the Company regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the Contract Administrator shall be treated as a change under this clause or entitle the Company to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Company's cost of, or the time required for the performance of any part of the work under this Agreement, whether or not changed by any such order, the Contract Administrator shalt make an equitable adjustment and modify the Agreement in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Company gives written notice as required. In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Company in attempting to comply with the defective specifications. (e)The Company must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the Contract Administrator may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Company for an equitable adjustment shall be allowed if asserted after final payment under this contract. (f) The Company's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details: (1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and! or revision to drawings or plans resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs when size of change warrants revision; (2) Indirect: Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs; and (3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. The Company shall not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Company or subcontractor performing the work. (g) The Company shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. (h) The Contract Administrator shall act on proposals within 30 days after their receipt, or notify the Company of the date when such action will be taken. Page 10 of 12 (i) Failure to reach an agreement on any proposal shall noti excuse the Company from proceeding with the contract as changed. (j) Except in an emergency endangering life or property, no change shall be made by the Company without a prior order from the Contract Administrator. 12.2 If more meters exist in the City than the number of meters set forth in Exhibit "B" and the City desires work on the additional number of meters that are discovered after the execution of this Contract, a Change Order will need to be done to require the Company to perform work on the additional number of meters. 12.3 This Agreement has no fixed-based component. If the City desires a fixed-based component for its AMR system, a Change Order will need to be done. 12.4 The parties acknowledge that a reasonable adjustment in the schedule, and additional compensation, will be made in the event of a Change Order. ARTICLE 13 TIME OF THE ESSENCE 13.1 All time limits stated herein are of the essence of this Agreement. ARTICLE 14 CAPTIONS 14.1 The brief headings or titles preceding each provision hereof are for purposes of identification and convenience only and should be completely disregarded in construing this Agreement. ARTICLE 15 THIRD PARTY BENEFICIARIES/OBLIGORS 15.1 Although this agreement is a personal retention of the Company as an independent Company, the Company and the City agree that there will be other third party obligors subcontractors performing work on the project. The Company, however, agrees to be responsible for ensuring that all Agreement terms, for which it has an obligation, are complied with, regardless of the entity performing the actual work. ARTICLE 16 DRUG FREE WORK PLACE 16.1 It is the policy of the City of Tybee Island that its work place shall be a drug free workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.S. 761et.seq. ARTICLE 17 APPLICABLE LAWS 17.1 The Company agrees that it will comply with all applicable legal requirements whether imposed by Local, State or Federal law in effect as of the date of this Agreement and, further, will comply with State "SAVE" requirements. This Agreement shall be construed according to the laws of the State of Georgia. The parties' rights and obligations shall be governed by the 1 terms of this Agreement and Georgia law. ARTICLE 18 Page 11 of 12 JURISDICTION AND VENUE 18.1 The Company agrees that any civil action, arbitration or mediation of any dispute arising under this Agreement shall take place only in Tybee Island or Savannah, Chatham County, Georgia. City and Company further agree and stipulate to the jurisdiction and venue of the United States District Court for the Southern District of Georgia, Savannah Division, the Superior Court of Chatham County or the State Court of Chatham County over them and over any civil action arising under this Agreement. 18.2 If a dispute arises, the parties shall notify one another in writing setting forth the dispute and the party's position about the dispute and proposal for the resolution thereof. The parties shall mediate any and all disputes relating to this Agreement with a mutually agreeable mediator, prior to the filing of any litigation concerning this Agreement. 18.2 During the pendency of any dispute, the parties will continue to perform the obligations imposed upon them under this Agreement to the fullest extent possible, consistent with their positions in dispute. IN WITNESS WHEREOF, the Company and the City have caused these presents to be duly signed, sealed and delivered on the day, month, and year first above written, DELTA MUNICIPAL SUPPLY CITY OF TYBEE ISLAND ZANY (Z(/ei------4--- L/C me: Edr" ahmarr - _1.. Jason Bue�terman, Mayor Title: fr. f rl// 3 Date S „�2,5/2-0(3 Date i ° )-"( s` k. . m Cie of Council 1/t lb 3 Date APPROVED AS TO FORM: __ _IyAL___71/\-- -----&1/ Edward M. ughes,City, torney I1 I. Date City of Tybee Island Page 12 of 12 It ' 'i:.=:4.41%; ,4 n _ RFP-#2013-637 CITY OP. TYREE ISLAND TITIPEE 15LANINGEOgGIA TS. WW1° TS nquEsT FOR PROPOSAL IFOR kIfIRMS.friNG THE SERVICES: DESCRWED HEREIN; Drive-By Atittithastig Water Meter Regafig System The CityOfTYke IslEsid is request*bids for a-COMPLETELY Rain/MLR/YAM)TESTED DaPa)-BY 4UTOMATIC`WATE.11;MEM REARM_SYSTEA'wralot cApABOATTIS O cipm9Tia A FixED AYER sYs_T_Em IN THE•NEAR.FUTURE.Bidderi Shail Offer=vices and ma teriats•whieh may be trpgailo4 wiat OintjOnal service gicE;r6p1Orials:which gilytkogr&rcha..14.0.ftirn cf shall speOfy:*.th the bid the deiivelysphedide for theproducis act:I'm:Mom:Prom thneof,q0dficaaon.of award of bid. BIDS ARE TO pALTIVRINED Nr0'LATER TRAM FRE1.0,7FaRUARY 20P-AT MOAN BIDS tvia,BE OPENED ONyiALDAX,FEB1iTIARY2i.,244$:AT IliNANAT-07741141., ALL REspoNWENTS ARE DITtlimii To AITEND., The,City 4 seOciits a 6611 bid package,ror stxvieefulaterjals equOta,or cxcepligg VecifSaft sei torch-pa the attached pages.Thaw t raeeting the5astawier44-will be rtiected.The-attached material speOffboaaln. beconte anti r itfthisrqut forrbid AU 1:topons4,tkiiahrie$, 60 qotFespmdetiOe Wain& to or in•refermtc6,-thiseterfue&'t::fOr reporis; chum, dispJaya, scheNe4, exhibits:And Other dooutnentatian:by the bittatit shah Im.z...go thc prop;rrtyofthe=Ciy who:received The ity retaiii§the right to-use any or preezedmnybzdto any i*a. the invitation-to bid;Whoher-amended arca.Selection.orrection ofthibid-does not affect ti)isli&-. ailhiiIto: BID NUMBER 2013-431.007.:MTEM MELISSA FRUMAN- 4.4AWITLERAVE: 1,4Q_BON 2749 EXHIBIT TYBEE ISLAND,GA.31328 Page tor IS- oraber need for clarification in this document should be submitted no later than February 20,2013, Questions to: George Reese 9/2-472.,5051 Cell(912 59f-304 greest@cityoftybec.org METHOD OF AWARD:.Conuacts shall be awarded to the lo,west,.xesponsive, and resporisible:bidder. Bidders mutt respond completely by filling iu ail applicidA Naas. Bids are subject to the terms and conditions', thiS ReipieSt forSid.- Sitiatureor bidder indicates-that bidder understands and will..comply witn:atiaolidlerms and COnajafti and all other-spocificalious made a pan of this inYitation for:bid and:arty:subsequent award_or-contratt.•Afl terms,conditions.andrepresentations made in this iineitetion betoMe;_ati.Wetter part Of contiatt Tothing Ootitejneg,within this RFP is mdicatrse of intent byIlle.Q4'..of TA06.!fsland t reintbiirse the bidder, In whole or in part for any costs an8diared wub preparation, Submission, or Pr6Sentation--raf bi4k WAIVER:The City of Tybe.:Nendleserves the right to reject 01--4 bids r,e-cci:vpd-.111q:Cii.t.Y-resere4s the theritt o Waive enyvariances,F..,om original bid specificaiionlin cases where tie'variances are Considered to be in thebeist Miereir-ofthe..City. I. Seope:OfWOrk 3. TheDrive-By AMR-System ROI itichide allhardivareAndsoftwareand be abratoluterface vaihour Water RsjibizSysteris which'is 2. The Dthe-ty Mgt-$Ystena will inelede::eit the Aeetto*TtOiisPitka0 and baiwarefor the 3427.water rneferS. 3. inehitictiWill be 2 taptep-computers with receiver d1nga hardware anitOw:ore- thatis needed to hiataiiiintate*waterisewer sersite tritkim: 4. n't D : XSetm Witt•htive-nu lesr than a 5•montbsZate 8.torstga 5. The awarded bidder will provide a conapiete installation Of electronic data registrsin existing water 0046-(pleptettei$eiasits)ad Master Meter).:A.knimay-Water ruetaralhatt &bite t be 6)M-4.P:sled-LT theawarikethicider tie-changed,outte-their-Watudtirwitter ewer eta iilatiared cost. 6. The water meter radio...transmitters Yrili-haie a 20 year;watiifti(10 fallyears:and 10 years • priAlted)anal 20 year battery life warranty 00 fall yeara asidi0 years pro.rated). '7. Thenwarded bidder-will provide one-year unlimited teChnical and software sappartwith an optional anima maintenance agreement & Siatens must be:completed and operatittitahtidai9310-•120-iiiiys:freinti the:award-.ofeontract The eraYi*alS4 aeceptmg 4 hid. or the roplageinot of altrAter gietPM topic brand of the awarded bidder,to es:chide brand:Water meters of the awarded bidder that have been airendY installed.by:die- City ni-Tybors-vtrate departztientwitrand and totals WatetMetos itatare cur-mu installed fidiow below I. Neptune 067PAre,ter rtletens-0 to 2 years old Page-2.:i1•3 2. :Sensus(1,300)Water Meters-2 to.5 years old 3. octave(6)2"Water Meters-# o 1 year old 4. Master:Meter,Badger,Butler,&Straight Read Senses(9134)s WaterVerers:5 lOyears aid Water Meter Sties&Quantities'ram below: sir by 3/4" 3.043 Water Meters 131 Water MeterS 1%" 6 Water*ten 41 WaOrrMeters 5 Water Meters ff. Subithision Requirtpiots A.All,submissions must be aocompanied by eopies-rotthe neteSsary Iircerites oftlietorties making the•proposals. B.Allpsous.i1;iabiligtostibinitpr*sals shabl,Subinit on1) ps1dfive ( ),:compiete cepies:.in.an SW b Ii format and one(I)original contraet that is cogent tlii4httre:pr,oposat. C Bids :and required.nr requested Sitpplernental materials in corrqiiiance with the attached s-peciErcations shall-be-submitted to the above addries.s SuppIemena1 materials will not be accepted anet the bids have been opened; unless requesttied by the 6.ty. A/1 r74poarg,es,1nqin1i ,or conespondende'felating to in wfaende to aiis:feqUest for hida, and all reports.„chaos,41aysg schedules,.exhkits and other doopanentOon by the. udders shall become de property of the City'wheitkreeti‘A*AH bid auftnittedio responte to this invitation for bid shill become the properly;of the City.The City retains the right to use any or aLrdeasprcscntedm any bid to the inNoitatibli Or hid,-whether athended or not S elettiou f6eZtioti•ofthe bids:toes not aitect ilia tight D.Required Infonmation:: Plcasesubmit,the followtnginforrnaton in the Ordet requested. 1. garne,address; one number,fix Tiarnher,-and eftnail acklress of:the par grin submitting the prOpetal.Piovide the name of the cofltact person aria]persorrantlintized to centred-.for the Than: The proposer qualifications to meet me City's objective ;014p5rfoi-ria togs Asted the proósa This shall 'include the size:of the Etta, office location from which the service is being:performa and nature of staff and equipment to. be eiriplOYed ,Tob descrptin nod pay classifications orike,FirtVintr s'positions and employees shall•also be incindecL Pap 3°NI 3;All materials proposed on this:Project-must be with preference preference given to those located within the state of Georgia, All products arc tended toichieve higher energy efficiency of buildings located Within MerriOrial Park and product'specifications and descxiptions are required as a pan ut the Proposal subminal. Please-itichiele,a lndieet,W-% vendor applitatien,and affidiatittivitiCh'cart he found at the end•or this request. IV, Limitations A. Tbiiltequest titoes not commit the City to the avita.rd.ola eentract or to pay any costs incigred in the preparation for a response to this RequeSt. 8 The City mey or rday nOt reqtfire, die;prospective pronoser to Pardcate In negotiations and-to'W4rnit additional teehtheal Information or otter reVisions to their Propetl as:may nesult-from C. The City reserVeS thA:tigit t rokottiy-ot Au-.P.twosats, waivP., request additional lnFo lation,and to award e contract deemed most advantageous for.th.e qty. V. Mininnim Rapilieroenis.fora Proposer A. Proposals shall:he considered only from finns nOkiriatlY eagagtttin Petftnitig the type-.of wort.spetfted i.vith the Request for'Proposal: in the datenninatioa-ofthe evidence of responaility and-ability to perform the reqiiired services by the proposer,the representatives of the City:Shall determine=whether the vvi&..ence of responsibility and ability to perform is satisfattory.There7e.SenttatiVes"of the City teierve the tigiit tot-eject anyorall propOsals. B Previous experience m-the performance of projects,of a sibilar nature to ensure timely and efticientcompletion. C. The individUlifirtnn wants.thei ttilly.qoaTiffodi with adequate personnel and experienr-e to undertake thaeriliee.s:required,within ayeasOnabie fir*. The=pfoPC*41-411-40,an cititan*entOpparttjoity ttoplcil*aadAteld,atthere, to'anyapplicakile•local,:.statA or federaL affirmative-*ion requirement B. The p Upde.bondsliicsreznein in zifect for the full reon of the subsequent;Contra:et. Upon activation the Contract, the.--iietegsf3.1 contractor shall providt.PerfOrmance and"PayinentBonifs. V-I. Criteria for EvaluatioR and Award The,succieMful ProPosa will be,,,efected upon-the-hes-I response o&ned he City. Pioposeri may he requested to.give an oral presentation after suhunssion of responses should the'etty find it•necessary to determine Which is-test receivedd. Page 4 ar13 Evaluation Criteria; Submitted proposals.will be evaluated and seared based upon the tbflownScthera: Criteria . Points.Assigned troerstaminia;Proi=1 Ability to Meettiure Flame 15 Palsr Experience 35 Nang 25 VII. Inttirred Euse The-tito,is notresponsiblefor-atty expenses'Which proposers tnaY incurin,thepreparation and submittal of proposals 1-.eqtteaeti:by this vri *hiding but not knifed to *costs with travel,accomtrt Odationsj:interviews,or presentation ofproposals. City-of Tybee TERMS..itt'STD COAT:MONS 4.s 0W:7h-eren, be fabwing reans shalL haire-the tneanino.:set fort lido*, whether ornot eapitab-led-.• (a) 'Purchase Order"or“Order means this•pgrCltaSe order • (bY:Stayer Mega the'C ity-of Tybcc Wand_ ( ) '4Se.lter"or Well:clar7.areans the party furnishing the smplies*41110 Order_ 'Supplies'"meats'what the Seller tarnishes the Baer wdm.tit'order and includes with 114144-acf% fix[10‘.4 ;(1),;.tht*-011c;:Tagorial4 items, data and services,Whether tangible or intangible or any-ponihiration thereof and (2) what is teased or lieens4.-puts to'WOO**.or ike4seN-signed by both the Buyer and the lessor-orlicensor if attached to And'made apart of this s-orcitz- N -Loss!' means any or all'the folIowjng 1rns babdities, damages, cos; or 'expen.wsltincfuding.reasonable attorneys few.andimpenses'ana Ober legal•cost4 ACCKPTANCE, This Order Constitutes,an 6ffer-wweja ii become binding contraeitikuonihe tennis 0:nd conditions herein set tbrh upon acceliaite b;,.;t'S:eller either bpacknoWIedgernetit'eflis older otycomrneneernent,o-kpermanee, Buyer ol:'1,jis V any-difference: conflicting:or additional ten*prosei by Seller in the acceptance of this'order and no skit terms-shall bt effective unless evres*accepted by Buyer in whin*. Each shipme:ak.recei:y0,1ily Buyer ft:Or:Wet thalt be deera01-to be only upon thet Ono,alad oontaihed irithis order,excvt by such rno,4ifying the order,-signO.h-y Bqyer,notwittkOandb3g:any terms and *20,iticIP:that. may be OpirAiiie4 in, any -aelmiiwledvaent, invoice, or other fbrm issued by Seller And nemvithstanding Buyer's get of-Accepting or paying for any shipment or am;kw:act by I3nYer. MUM. Seiler repTicerns•that the priees,,terms, warranties, andbeneWpontniii41 fri:ViS óider are comparable to or bettor-than-those offered to any other Vistonier of Seller for items:Iv-bid-am the-same or substantially similar Buypr*ail receive the benefit prospectively or retrospectively if Seller:offers any item or seNice inCludedin this order to any other customer Eitg lowerriceymere favomige, terms, more favorable warranties, or more faliorable benefits up to One year after MrripitOdEr Of thi§Order. l3ELI•12v'.ttaly delivery_schedulemade°a ut: tlik_a er ss an it po1arn,Material condition; time is Of the mince of the order. Unless otherwise-agreed co in wnnag. Seller shall not make material:,cotz inimnts or production:arrangements in excess of the amount or in advance of the tirne neceasar}=to meet Buyers delivery,schedule, It is Seller's responsibll=tc to-comply with this scheduilei.'but not to anticipate Buyer's'requiretments, In addition to any other rights or irernedies, Buyer,-may cancel all or-any part ot:.this order for Seller's failure to deliver in.stria accordance withtle-delivery terms set forth herein: Seller ahall.prc7tr tly noiit'Buyer of any anticipated delay. in the deb very date.and Buyer may wire Seller to ship by alternate;means in order to expedite delivery. _addiieor i.costs shall be paid by Seller and Seller shall be liable for,al!resulting damages to Buyer occasioned by the delay:.Delivery shall not be deemed to be.copaplete.until:the. it ins.1 V"e been receiVed-atl accepted by:Buyer.Advance and excess.shipments may at Buyer's option be.rejected and returned to Seller at sellers expense. TR T PQRTAi O$.. scept as outer se.:provided-on the face of this order, transportation charges on Supplies°shall be f_o.b. destination,-at Seller's solecost;arid expense,risk of ioss from any easuOty tv supplies,ordered,hereunder, gardiess.of:cause, shall be Sellers responsibility until goodS have been delivered:toi fir er''desi hated delivery post. No insurance..or:preinturm t€Mispartati+ml,costs blyond ihe price listed in tin's order Will be:allowed Mess autbtinzed l y Btay r Writing. If Seller does not comply with Buyer's deiive ryscfiedute:Buyer tray,in addition to any tidierrights:that Buyer rnay'have under_this order,;require_de'dveryby fastest way, and charges:resultin •frrottt the.'preini-:m-transportation must be hilly prepaid and absorbed-by Seller.. WARRANTY,N'fl 'Seller: vat :that all stpli -i iv..ered pursuant to this..order,Shell:strictly ctly conform the sppleable specifications-( icludiag without linutatian infotMatipn err functional performance,maltrial content,die,appearanc respanse lime,-etc.),.:shalt be Tree mall defects and work lip in materials including llatent:afects,.shall.he fie from defecs in design::and suitable-for theirintendedpurp se,and'shall be free frontal'.clams,encut bract es,and liens.'This warranty.shallsurvwve inspection:delruery payment•ci 11 run to Buyer-its suaec'egsozs,assigns audifie-tzerg of the'itemis aAct.s13k1 110t be deemed=to be a tci ive Sell.er::agre ::to inden-mify, defend a nod holdBuy€ruyer's employe ,andity ft r whom-Buyer May act as'agent,,tiffs from all damaged inclu ding cons,equentW:aind mcrdental napesf incurred or sustained by:Buyer by:reason-0.0y breach of any' arractfy with respect„resPeCt to the tupOlies,titimbitsed Buyer.shall be promptly reimbursed for all expenses:incurred xn the handling-inspection and return of.clef'ecfrr_e items,and. tiler shall bear the of loss on all sucJ.4 items:If any of the supplies are found at any-. dme pier to` acceptance to be-,-defectIve.,in material. or u utansliip, 10r otlis tse not in. confartnity Withlierccpiirendeigs±fens order Buyet(in_addition to any,other tights-which it may have under arrantes or ,otherwise) may at: its option (l) correct or have corrected the nonconformity-atSeller's'expense,or t2)mect and return such zielt supplies`or other=deliverante items at-Seller's expense,:stash supplies or other,deliverable items not to be replaced without su_ itabte writ -a4t is atior trOt#- uyer CCii0.4c4S.-Buyer may at,any:ime request' n orating rhenges ler iris ord the specifications PacIdng shipment,gist=`.ties,.delivery schedules,and.Other matters. any such 0aange cap.*:in increase oi:decrease in the costa of or.tho.drrie required for perfciraisnce, Seller shall:mi me ate notify.Buyer.Any equest,for in.e wtabi adjustment-must be made.in wsitmg ti t1s 3t7.days from the date of the written request Tor the Change No additional charge or change its.the specifications, packing, shipment, quantities, delivery sehedtrles; and other maters will be allowed 'unless authorized by Buyer iri wti€ing.. ?$ge 64.0r} �`A, t t"he tiger a�nunicapelity„in the_S ata.,of-Georgia,.is exempt€t irr°G°eOcgaa Sales Tax -------- _ under the Sags and t3se Tax-16.4 361 5"6 I78> All sales and use tax.due on materials;purchased by the cityfor installation by the seller under MIS-contract are the resiaoiisib€rityofthe cono'a tor. GN ElvT-Neither this Order not any-interest her y be as3u ed in W hole:or=in part;by Selig;-without the prior scz tten.c£1D,$ :jt or.Buy r. Not-Vititstanding the above. Seller may assia i an roots es due or to becoi ie.due to huh-iiereund� r;,provided:.that such'assignment shall not be binding upon.Buyer until receipt of a copy of the._assignment rest is:acknowledged and approved by Buyer in writing. SUECOINITgACTING. Seller shall not :enter into-a-Stibenittratt for any part of this otter; inciodig completed or:substantially completed it s or mayor cOmpon.ents teieot with ut louver's w ritteh:•consent.,Nothiti An this.order'shall be seen-as prohibiting Seller's purchase of standard commercial artl ,raw,tnaterials,..or other supplies specified in this order if these are t,pacally purchased.by Seller in the.normet course of husineess,- TERMIstATION.Bay terminate or tq,t e_ttnderihis order in-whole or in Bayer �. 'suspend p.er_ part.from rirate to time'by s ing)rraitteniiotice:t Seller Upon recer g.notit:e.ofsuc'h:acticm by Bu, a •Selleer 4l'iali immediately-comply with As-tams and-take All seasonable steps to avoid • incurring any additional assts u this order: Bayer's sole liability:to Seller shall be for items • cornp:eted end delive d::to t tr in accordance with:thris-0 Brand-forSe1te•r's reasonable;cossts to the-.ate.of ter nation;Such; sts:l?eingsolely`attributable to this order not:bern rpoovenibit fOni•ot?er:Soutces. i • l CATI N. Sellei a ees-to I-tide/unify,defend And hold Buyer,,.rte. yer-s and.th forwborn Buyer iiay;act-as agentharmiess from(l:):any;and all claimsatzd l aliiliti for injuries or death ofperrsons or u sages to far destruction ofproperty;.:(2)any other Loss.causee by or resulting front acts of O iissions of.SeJU r,its•agen ,subcontractors suppliers nr arrOoyeeS in the performance o€, s:order,(3)_any_Loss-cause:by or resulting,front t .tr ies pi hase under this order;(4)ally_izitended use of orcrduo or ma wrignrovidcd by_.Seliet; a y defective products or materials provided by Self rncludmg w shout lh atxtsat tiie use Or disposal of aar-dctms andf r;toxic'inate. als:such rna€erials.to include at mi um gill materials recogrnized"by the Envirs ental Protection Agency•as l rArdous;:ar 6)any breech by Selle r of any express o£ warranties_ tfi' Seller work hereunder Invorves -opetations by Seller's amts, sill eoritractors, suppliers or erriployees on Buyer's premises tonally:place-whecd Buyer toulpcts op rations. Seller shell take all riecessaly pr cauaoris°to prevent the tatitirtirt of,any fury or daraage.to persons or property dunn,g the progress of auth work uither,Seller 0-11 mdeirsiaify: defend and holdBiiyer:Buyer's errmployees;atoll those forwhi iri'Buyer may act as.agent harmless f©r any injuries occurring to Seller s ageit.ts. subcon€raetors, suppliers or employees and Setter shall maintain :public l nbihry property damage and employeees liability and compensation insurance stiffIcient to protect Buyer from any cl lams under any :applicable,.law, k..441k. regulation: MDIf3.? r:TTflN WAIVER.:No waiver or.nnodif ieation of :shall be etfecu re_:unless intvitititig and signed by both of't` parties hereto fain*of either patty to enforce its rights undei this order shall not Coastinite a waikrer eaf suclr;.tights'Or any:either-riglits: Ems°AGOENEENT, This:mater is intended by the:parnes as a final xpr sion of their agreement ..1.14 also as a.complete and exclusive statement of the this tlieren any Prior or contenapora rs•o :e w:it ieriagrecments-asto-the:same•subject matter notwithstanding, fa °.Page i ors I VAi.IlF3IT Tsa the event that any provision of this order is declared invalid, illegal,. or of exwise Unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declare'invalid, illegal or a ienforceabl.c slash by:valid and shall be enforced tothe fullest extentpermittedlb-y law. 17RL3G FRaEE WOIL ACE:By acc_epting this order,:tie Seller certifies that i e b ll.provide a drug free workplace:for:his.enaployecs in accordance with the laws of the State of Georgia. SFEiE::` 1+'iCATIONS,PR 't SA:ir.S,':?<i1 3 Dt f Mi N &TheclocumaTts Which forth the&basis for tl-Ls eater.shall inctude.tlie plants and spec±fa.catiors:and hid...do rnents as:attached hereto, together with-any:other:documents so listed-and.enumerated,if any;and itis:ezprezaly understood that any.ipeCial conditions-listed azid attiehecl:ber:to are spec Gaily ra ide p :`Or4ract- AP1:LLC ABLE LAW.' a ovis.ons Are peforr:-ianee:o#turnp&chase order-shall be governed by the laws:of the State of Ge�'a and 2.mi cable:federal hay,Seller a ees to.b r ingfary and all acnions yelating to this' puruas4 ordet only'it the stare and federal corms located wig C Land County-in the Stare ut:Georgia. APPROPRIATION.Nc #ths-taoding, other provis1on hereof this aaeement shall-terminate ai tfte of c4aph.caletaat: ea 'witliott Bar t nhligatton 3ati the ga# of the city'fo.any calendar year where the City,has not appropriated faith.for Laze,itligauor hereunder the,next caleud ryear. PROTEST PO LIC'Joffe or wha is aggl teed in .on.with a soliet` non or award`off a contract rney protest to tote fuha ing;:Agent.The invest shall.bemade to the-purchasing tiiace- hec ':resoonsiibziity r*Ida tahg t e'snlrcitariotr The:grolest must-be:su&tutted in writing within 1 ce der days after knOledge Of the faetsnnd occurrences:gt g:€ise to the protest The protest s afl: +cludetue name and address f=the.protestantf include the sobciaaticm=rium r_song a statement ofthetrunds€cu`rtsy and specify the-nihngiequested f rOu t the pot? -sing office. Awards;wti.l be h d yg:fly until:the:potests are:xesoived r , EaSIONT.TThe:b dder shall spec`V:terms 2rif payment.The City Of Tybee'lsfand's'preferredasethoct,of paythetit..is by purcbasrng credit'catit Ise*� *I&-Il _ Stonnaetur<shaff provide a-Ceriificateofinsterance namingthe Of Tlitee Island as alss tnsiired,. ate day c anceiladen rotite,.indicating the followin iitimum coverage: CornprehettsiVe Gener al l iataz ky .S2,060)0000 15.ti o like Public bility $2,90.Q.000410; f30: or i tares Csptnpehsation lnsurApce a gad to efie.stattO . ,.�recl�t�: T 1 E it}r of Tybc fslatpdf Genz-gig:is revr:a bj�ct za 4,1V State Oe Feder ta'ze& 6Otii eentoria t mil! f bepra ido -wide the ialen t stfe.ofpa naent,ifrequeged: D 1 RYt s: E- T TION 4031311 ter;Ave,Tyhec lstand,GGit a,11:18 Vi :tutles otherwise stated .Page&a 13 _TX:RMITNATIOSO_F-...CONIVA.erthe Cityteservco.lhe lighitaitertninate.the contraatfortSouitit . . • vii)lation5bylie..StfeeeSSfiiibidder cirimy term or conthtion of the contract by S ilia thirty(3D)days 1, "1404 rohce, 1rLess othetwise stated herein,.0mitig.the reiSOTIS therefdie.ire-givilig the party ample time to remedy The defiei ; r I I 1 1 I i { Pii,"„4:5:Of 3 j 1 : _.frif.rOTATION SPIEt"T A. Docrip tion • • 1 • ! 1 1 TOTAL CM.1„:: •S I . guptation-Expirau"on date: -PA§6.1(te 11 MAYOR -- CITY 741.3..NAt;Elk er a;1401 : r ON t 754:4 7e1t417:;,1:- CPI'COUNCIL CITY CrI,FaN. Wau,dg Doyle. Pro Tern Japek WIT:ET Si rry..fIrovra , - :14 ail C.FITALITOR.V.Y. givitvg: • Ilaght.c 1TP 4?-14'.60Y0 Paul:Wolff CITYOF In-ANO 1 245/2 :*.,-:::,6c,4x400,4:pif-57.4tr-P•.#.04144t4,07444frectiOfftatiTitt Atig#40. •PgliMs59.040,WS-4400.4,Ekr1041 14,07**5:3:e:;`or.****. ri*OF.Atiaip ,z00.10 Witt*: .i*45f.,-17*'PwQ14.4.4. 11$10:e-,9fa0.-MoutAtO 1 1 , . • t r 1 I I t 7 I t a itt.W.7749-.;4013.14.Ar Aimme,TT*IAPJALlipt.i,W.241)28434, t#64 7144$11-.FAX iffi4016-574.37 s'ilbs:1:-tItyoftykiee.7rg aiiate Cale Quote-ff Delta Municipal Supply Company, Inc. 855 Marathon Partway,;Suite 3 2r19f2013 3636 Lawrenceville,GA 30046 Bill.To 51.10To Cify:of tylageieland. Tybee island Water Dept Aith::GeniV.Reese 1 923 1.3aii Sp. 92ThySt. Tybee Island,GA '31328 Tybee Nand,GA.31328 Attn:Gee Reese I . Your No Tern-s Rep FOB Snip Via 1 . PArtuling 1 C-1..till Card .D1. per,ifias.ion :4P11.i.elly Cliarl.f{tY 'Clincription Unit Price ' Total 967 Retrofit exist*.-.TM"Neptune T-10.E-Ctliddr)R9G0i Pit Rer:aster-aAL,:e 61t '166.00 160.522 a° Ant.'3.,"/ Installation 5,7 Retrc,t-extsfing'Neptune T1.0.::&Coder)49.1(0i rti RefiStc-GAL!,,e&R. 160 . 9,462,00 Ants/ Installation 5 RatOfit.exiging 2.'Neppxne T-10 d ed1000i P' GL- 'f 6fr. 166.0a1 slo.co Aet..wi installation I 2,076 Replace eXisting mew*/5f81 N3/4".NeptiapeT-10 Water Meter 189.00 39Z .0-00 •E-Codei)1Z900i Pit dAr...vif installation I 74 Repiace exiaing Rider ve/V'licptnne-I-1 0 WatarMeter.E-Coder)R900i Pit 294100 2,1m° OAL wi•installation 6 Replace exkting-mew Wir 1 1.12:1'Neptupe-T-10:Waterldlete.r OF 555.00 "2,3040 adar)R900/Rit GAL sq in6-t1lation 1 I I ,may&yi3it for the opportunity-to quote the:above. Piesse enli S:Libtota1 !with any questions. EXHIBIT ' &Iles Tept(0.00) u - - i -If-- Tot-'41 W APPRECIATE YOUR BUSINESS! Please contset our.office,Nith any questions rem/wiling this quote none:770277-0211 Fax:1i0277-24l2. Toll Free:1410-273-0574 E-mail:cra661@billsotitiunet - I "We Suli;p67 Service" i . .. • .- i■ 4..,!' Vk-SIVW..r d e.i.t*Iiruivirip4-1.40ni--------..---------- _ • t-,-Q -rot-e: ,,e Delta.Municipal Supply Convany, Int.•855 Marathon Paikway,Suite 3 wi9i2b Laver=evilie,aik 30046 i - ' BK To Sp M. City of Tkt*e Island 1)40,i island Water Dept Attn -34.pte.rRetle. 924 Puy*.: 1 g2313uy:St .Vbee island,.CA 3 i32& Tybee-hland,.GA,3132& _NW-Ceprgp Re&ce Terrn .8hip-Vra - , —To 'irr.N1 Rep I FOB I . I Yettdiiig I er6dit Card DI, ' D=t-u-laxicia - Bestivo . . _ . li Ciustniitt POtqlPtiGn - Veit Price- Totat 37 Replace existiz4;NW ve 2."I'NeptunCT-14if*-atCr:IvicterpF-. -corl.&*90(ii 63540 : _25,345.00 PiLGAL vii 6ft.Ant.-wt Installatibn 1 5 keplaee existing meter'wi a;"-'Nept4nc I:IP Tatiline.Water Meter 14340 : 6,575:013 I -E-Coder)R900i Pi!,CrAL mrtiostallaidi f D-A.r..-CE-MOBJ-Wheki conziouta-- Z.400.90 • 1 ,A.,10,K.*.ithtlaOhneflost 40'4pm ZOO: P:iiii 2 MRX920?dobileData CoilectorVtaptop 3000.00:- 6;000n7 1 Brinding i3-00 takf lEg013:00 pqrcurnaute 5orid.W1:005 Of Regaiita) 1 Bonding rvoitio I .(loo,oli 1 Rol*Bopd:@ i-imufftw.m. it4 1 M-E-Opaerli3-900i*iie:fransgatteWe,-;10 pig r.,0i.ra-attft9:-.F4 ifiTth_ .Rateit I i Thank yowfor the:001000ntkity to quotellte ibove. Please caI.1 1 , -tibtCitcli with any questions. • Saks 70.X110.00) _ Total 1 WE APMECIATEYOUR BUSETISS!,:Prose contact-oar oifEre*-16 any questions ieguiraingthis:quirte. Phon!.'710-2774)211 F4x:770-2774412 Tell Erie I-OW.273-0574 R;triail::tter-c&Abellsoattet •.. ..., . . "We Sum&&race'• -iY,Y4 vv—del ratu u iitel p-al—c-n-la- Quote . _.. Date Quote 4 L ; Delta -Municipal Supply Company,Ille. ,.. 1 : 855 Marathon Parit4 ay,Suite 3 2n9120 15 3636 LawreniQeville GA 30046 f ! Bill To Ship To City ottybee Island Tybee Island-Water Dapfli Attn:::aeorge,Reeze ,..9'4 Pay St, 923.Bay St :TybeeisIaact,-GA 3132S Tybee brand,GA 31328.. Attn:eouge7goose 3 I Yeortio: Toris Rep: FOB snip via CardirCaiii DL Datinai0 Beltway QUantity DescrigOn .tioirPtioe'. TOW Reading System _luts I"year warranty and,oitionat annual iteriance i lista.. Rost-softwateoginaintenante-S650:fre(Recomniended_for Software trAgades) Hanneld anniminalotbnaude.$700111I .MobDafazecillectorannpal:tpaintetUmeeSjamo9 . '4141g-TOWSItIEWA.70T1=6:iiiiiiiie tOktdi4FifeitiRtNe I , • . 1 ! Thank you for the opportunity to quote the above Please van- subictai , witk,any qtestions. i5,531):5-4,00 SAtes Ta..*-(0,00) Total $65054-.00 . WE AR-PRECIATE YOUR BUSINESS! Please cmitactmirofilkevfith-a,nyipesilons V‘eguki-diagt#15+vote. Ptione:779-277441 RIX.:779477-2412 Toll Free:1-800473,0574 :E-mail;deicosiiithellsouth.net "WeSup*Service' ______________....,.... .. ____.______________ -____ ..._ _ . ____________ • SMALL METE P INSTAL L4 poN PROCEDURE The:foiiovvinf orrn,400 vall be.recorgecl at time or-Meter installation! Customer account slumber:or other A.Pitity unique ideritifyinginformation , - Ctitnrner address . • Old andrnew.rnete r:ma rittect*.4. • Old and netv.meter, pilaj numbel* 1 • Oldand new:meter sizes • Ord'and new meter readings • SeAffee'performeditinstalvs.nNrof$) f : , . • Dale of Inatallation . 1 • Installer hitials i ' • Remarks-concerning the M0.6.7;08041 nurnberan*Mattled;Can NOt Locate Meter,Address,eto)_ 1 Fret Preparation i 1 Pilot to.atarting.the project'WKS.a hall*.iivey a earnple;gratobt prwaed mater egt.trngs:to.itetgaini ti6 1 1 neorsilybf any specialloolef.or-eqUipment needed to:complete fraproje0 In a prompt matiher,ViklavAtt submit le:the:Clay County Water ErMsion a pre4trodortsthedule'follob Completion and_will update thia•sahedule i-ir.1 a i weekly Oasis as-the.lab pltigmses. City.County Water Division will-provide-VMS with.-alf fafolmatiorravailable concerning linalecations of where.itie meter'i'. 14:-.te-theam. I MO reay:ijireo:ttle Inetallallon prograrn,vAriti ourevm full-time personnefOrublize a ochiblnalion of peirrienerit ., I I and terngtealypereonnel lb•conplefe the prole&The Re of lo641.tabdritOt'etittes,--gmh-as a temporary employmentageniy Cr:direct-hire:'Via he wanted adverliseMents is.preferred. nce.hirep,ali,partles will be fully trained prior/6 POrirrilifig teid.-installatidns. .ClaYr..Onti.Water Datob saMt be responsible for any neceesery permits or iicenSing-ratiti_iredt.:?; omplate this riroject Water Sup ply.;ProtecVOn Na chernItals-that-areliaitifyl`ko'hOrnan a,'ariimais•dr vegeiatidn will be ueed:in orartittrld the walersebiloielinatir I within tl*Meter pit. WeedsAmin be Irmnoallypernoved,end:ants or-iok her indbdtt-OA be flushe4 Away Refit tha: meter replacement area Marl seenL Water-Only; Fallowing:the new meter ImtaDattPAiretrofrt,:;all mater lines-will-be I f .thcrotibv flushed to remove any dirtLor-clebtietet-mayhteilkOnterefl#VOlerline Atte n-disomnecte0, kfuil I. opemhbse bti ei a resitlerlat WO C3-449.6'*ater-Veiedtity06161A,:tCr 11 Ft0e.c typical flvshingra freoldence will continue atmaxiMurktiow fora ininiMUrri of 715'to.30,seconds to histire,:all debris and entrapped.aie has bften, •-aii-actiatd fromtustorner service line. ilklicse bit,et.the-frehtbf_the residence i PrefOrre4 f.othi$j:irticessA I Notification tO Cos-tomer CleyCount9 Water=senP•dig uptidea tct M.affected water cuatOMW:4:0t the:Meter linta.011.641-#1*4 gitiPf-to i I WWISfrival.., liowayer,_before any ekcavation of s.rea.or dsruptiohofwater serviek W-105,wiii_nolify.the Clay ! -- County Water customer eir the water/peter'4'001yend edtise.thertfatheantidtpated__duraW0As-rupted;water 1 t . service Should any customer refuse-to'ailoWWM$tp4iarupt water aeiiiitei•kNIVIS-will attempt-ti/arrange a 7 1 iI scttedtkes ta'When.the wad(may occur. if;thle is net agiteable-to threpistorner,*MS Will 01/lee:Clay-County Water and they*etteMpt to Schedille ark:agreeable'time with the wateferuetern et. t : EX4-11131T -, 1 At , I .-excavtion a Wirt ttleiiiielecated And placement,cFtmeter hex detennined.WMS w41 pc-evate the Area around the waterline to-allow recta for-ctirb stop ineter,and/Ortodplings-ail within-The meter box. Care WM be-taken.te damage any surrounding landscaping,tree's,pallier,driveways,sidewalks or ay other tustOrner or public property vation sftaU be.rectacg liar to line and e*tend to a depth approArnately,two Inches filo 21 Wow the virater ifleJevei fite7OF inStathirti-onitetrat The water.cuatomer should aiready:havea meter curb stop-vs-Wand two meters coupling WheiSmiit turn The valve off and complete the meter ipstallationketrofit in accordance with engineering-standerdsspeChiedbythe Clay County Water Division.and AVMA-staridatds. NOT...E./4 e(cayetiOnand preliminaiy wok should be complated'pribrte.ditrUtition-of water service_) New ine anstenceithth deta specillcat)ons with allaeW'mater gaSkels,Coupling nuts shtk bePraPerlY NiterlAgarld meter shall rest In.a horizontal-Pc:Sidon with no tilting to either sio*-of pit.Ne meters shalt beinstalled under pressure. prize'tiOn Of Line W14'5 tiie ne i meter'instajtOlietrektIVMS will sleAropen curb stop value checking geskett4htlzlinil for any Sip of-leakage..Only after the line has fully fe-piestOrized,WM-Swill move thacurb stdp wale toe full-Open_poSiliOrr. Floshint Of Line locatethe hose-bib nearest the fYont of the place ebroa-beneati its discharge point ttit* praveritsal erOSion. Hose bliTyalve shaft be fully opened by installer then hduSetrintrol valve Ai.41-1 be siewly Opened:and tOteOto a full.open,pcsition htIldtargaofWa ät ibe-Jvse bib_ The flohing'prOdeee:a4,41 contin ue iinUl Neter deers and any entrapped air has:chance to evacuate the line. TN'S-OAKUM-I 5•:to seconds,depending Ordirie,sizeandpro)drnity of hose.'bib tde Meter Site_ With flusling.-comple.te,heSe bil:FdatE be start down: t 5itRstoretje -After worktos been.inpectecl for proper itWMSWW HIM dlitatoundtite-m.eter boe itrernove.ci and lli I oUufl3 & O oncf itlL ThW1 Iticiode-reStonalion,ofgras•i Ubs -landscaping;etc.. The meterSetting wiltb-ebothattradive and uhobltusive-wherrrcorriplete. Customer Nptiee W MS voltacivi,te the Clay County Water Division when-the work begins and ends,irihe:custorner is at home 1 ft-116016 was home;this step wilt not be iieOssary,Clay:.CountyWatqr DiVisten-Mayelect to have WMS place notice cards on:cuSteMer'sdoors,advising:thernrotfherfleter fristaltatliabi'*0 thictrds being provided by thirClaysCetii*Water Widen,Th is-notice will forewarn otilitycUttorriers cif particulates that may'not he,jetieert removed during.flushing process. etebning Work After completion of meter installationfretroR and customer notice,WMS shall ratuirf to the work site erea,picir up alt toolsand equipnientand make sure there fs no debris or dirtrieftaeoend the rgeferarea, The old scrap meter/pad MR be foaded,into the WNIS yehicle,to be retrieved by a WMS supendsor-for return to the Clay county Water DiVitiog.. Oef.00s- WMS win provide a worianaosNp wareatiffeithesetting:perronnartce fore*fold ofone year firorn date-of ihstaliatiam It will be presotned that any Teaks of-defects Within t-or the inlet and with of The outlet reported by the customer tc''elther WAIMPT,Olay,c9Paty Watcir qtYTsiari w4140.1pti Cl 0)calendar days attar cornple tiog of the replacement are the reanit of the reptaternant efferris,and WKS will repair the damage at nol-additienet teat. This prestanPlion'Witi not itak*-cr other jaraxistentdonditionanOta4 byWMS durFrifthe replac*ment: nor shati-thkprteurnpOarrbe construed es The:sola tatia upon-which liabiiitycarrbe-atiributed to.WMS.Clay CuuntyWete' Dii4sion Meat contact tite:WRAS,Projett Manager phrkw to any repalisian the meter.: Shoutd :the materiats ulibed fail to perform properly clueing this period;MS eridlortfle meter manufacturer 44 make oei-sRe correctionis.attheir oral:expense.Shopid threnew meter faRbr recinke ce.lirationadjustenentsla make meter conform ta-granufacturer'S:neW meter performance standards;WMS *be propene-4 aria-ouelitied to Make.such adjaernenta-ity-an additional fee,Please nets Wf,AS is not.reaponsible iT;r any manufacturer's warranties. Atidittonet,Work •Any additiphalwOrk aecesserylorthe-thacgeootorthe rrieWr perfortnedOcr.tmegotinialitee.and• matertatbasia.AnyplurritiingorpiPernadRitetiona 341.1be negotiated ono ceiseLbe,,ozse bails at WMS`r hourly rates starldog.at ES:001r for 2 one-mail crew or tf20:00Thr for ti;lo.man c#W. les pp arath0 l/a Wes • a valve:Ksnot capable otekitdovm,„.WM4shallfatitily Clay:Coaftilratettilvision.,vihc;FOlialf4ron644.tkiet minutes_of_tv4icetfokend,make the determination as-to-any necessary actiOn-Ther.!WiR be e.$20.01:tserVice char for 518'to 17 metiers and e one,-hour hgreet:OM/labor charge for 2"to IT'rnersffThe teeter techlbt bit replaced,at thatiiine. .Orffnes *.ty dame*tO ttIsettili4cir-surrouridtngs duringilie replaceMentAich is the resuit.c1WMO acgOns;will be ropeired:at onstita-CfaV Oetinty WaterDivition, WARRANTY VilMS shal)warranty: t "Mc own worRtnatiehip for a periof zr..one 0)year from te inataate**;date: Leaks*thi.n. 1ays:dmetarc li:g!*-ptit, 2 toikarcia'thelritatand Z towarefs'the:at:4i: If WMS per.totirtei Axle a o-reLexistiOg_teak tkaiitg nester seNiding, Att-Vial! notit the piw cowry Water Diviskertas mop as_po,sede tar repairi, W MS TA not titairanty or cover: 1- ktaridadijOri' AzirrPiTtYirtOis- Manufacturers-shai lie responsilalajapail wat**,itiepec*Ivith tht materIesftagfrepalrinetOlarlap pcograra,exiductintiVYM§'worlartariship. 2: My gage to.hot:water heaWa or pressure'reduoer vakea:that °war during the-hieter chanoe. out program: SCHEDULE. - Wafer ManagOrnenr Services bvjson ONS)OAR be,abie toproeeed with ifilproject uportrapaipt of your PUrehass Cder. WMS acknoWedgesitte reqUiramentt000mi310,...#40*4 Within.a:tirnehi fashion and wig coriltattihiteve-of,reeouroes necialigiliVat;h10(e- VPdirknoWadge'DtdraunlitanPes,that rnaYPre49r1076 prdiert,WMSfl br..oyiefriMediete nöfcatoa 4auch'circurn§Wpa-Aricf iipt:.gri071 to the Oditractstheduia We a ntiotOate:8 seamless trapapti for otcled:Otailup,-altbOtigh:"Otirduct oreilveramefrarries and weather 1411 drecy affect.this schedule,as well a atainirwneterroute-itlformalion-md work orders from Clay County Water DOSICAL: EXHIBIT 3 D ! Ir‘ t03 ---m m m EI o n z m m a m naa zlii 5 g° 111 ' : 3 .... ;- -o _ m �_q D:i en da - � sew r °n- c cr R '� e7 �] 'i-a� o m Z I -rdr •N .. cis : w3` rM.to 7, -a o ••- m® .a0 c EL - °—= z — w ? , f+J _ f I [cn F.' us � cQ+� .w a cO -f Yz ms- '� - u Via- ,] re y 8 o 3 Don 03 03 Og gi 7 "T ® q _--- . . g 3 J^ -4 00 =0 s } SO rip ›a. pp F ;i —° a ce 3� '• 4�+ 8C�T {�jf L'T ra �0 il. fs - O �'A (] 'G�' Z 1..y 6i AEI C.1 d , -2 3• ea Q g �g L9 2' �' ,oa =, C '4 N to % ? r 4 aG- yp1 C�a 1" W@ N SID A v i f 41 m —m�• Cr 1 • m - �p.to 7 O O S a G^i R d Q� j q C cm �pS * ,+gym, liii .z m=' 7 -,m awl g On co cv m e D g a 5. m �' -. m o 2 n 11 q aY c o p Q _. m _ m r ° - 04 0 °- 7 o Wit` F ° m acn ° m� �' --=:ill ; 17' -4 c•' �' o o cm aa o w �? ta ro ' * C °S• ° w " 3 r CO47 CD ri at �] m m •p4^�. N e�i w � a - w g ' E' I ili:' ti 7 _ Q 8 m Q {D - m a: :•! 11! x=111 mas 2.33 — 0a a to a — 's ? m � o K • C O— f o o C n " �'# H-IIliI 7 m g m 3 0 . c a a - m J -.. to QnF i 3 0- 3 3 m a - I V3 r0 1. ?i� @ o e7i r3 m 3 m m ? . Ls 1 3 r g 1 1 I ^fir -ca n z 7 a 0 a ' - -- ..A'm-c ra - Zrnym� m o0m aw w W �[ r°' s�3 g vat _ Rt,. m g c mL7 am rcmr�&1 R, -p m m 2 a s a ra f. °m = 2-a y 4 C 1 Eltat- � _--=-I = 0mau gg a m5• m e � ; <! ,, '.�h r w e ncie = g M aem n __ I D m 4 rn cmn 4 H o a = o m.'.r " X v r' °_'n _. Krum-T -ee�r _ w n wg c a w 54 , ® '� -2 H a d mcac] -, m m n = . Cw y^, a__ = as m- 8 r/ =';=-1 q,.c Z n l? F-,c am-. 0 .�a - g .a a s , � � E'm a .o 3 ra Li H q` c� m arc I mC] 'c rr' p w m ea � � � � n m m i i $a Q� c0 e, -�tra nz-n .. ^q - o334M n.�3c E ca g' Q a W B [ as b •c. , 2 ffi" 3 2 o Gm7 g o° g S Z i* 2 m .� m m c, m m c {0®0 < m®�_. c'e'U= - m- aw a itT 1 m 4S N fp ry '� N Y K ZmO cam ' •�^ p °� =` m �`�' z�' a ##} iir'y a m y w m a, p `�' G = �': r �' p rre.,c'Cn o a s 5' a m.'m ,� m a c c- aim ea e_a - a m m ci msz r$ r c R . Rlar m a n i m rs E'i b m o GP Q - 000 �`a _ a ° Q�. y z � m�� 4 Cin 3��3 _ yI OA S � �cm� .. T33 = m .c. � c w - = a I y s4s� ® m5 E = a c� � 1 ->cic vita .a a m a o . 0 -_ cam ' `° w9 � m 3 a° a- ggsw E° .c> a' `� c7 a �vr- �` n •a t oL c1 V1v a= x =8'5- •�' K9.. F s R o3,ra° a �'m m m xw = v c A �� r3 �_ u°. '.rya c $ m maa-a a ^_i'nx Fa'i a-z30' � 'QO- a m - ° zrnsr �Omr 2ec a0.a 3 m g'nrzc �•m w r 3' r' 4, c _d d Itn�Prn eu„7 g v a m�'�m n yA' Yom+.'v-Q m 3 s * _ !}( _ a m tklf m P fi f i I i I i c-S Ca*moE� 3 man qy H 2.47 cn 0._, H ?3�,'' iii a 7- o-n S 7 m®= 2.w _. Z,' /a l ° Gal PM }'m° �a N . mac m Ds �-. a g...3-E a' 7[7 m 2 Ur Gm'f®m m .`s q� G q ev co,.w Q _ Ca . C]C mi 0 �2 Y+-4rnYni�A1� °`n ° a 2-w'. $m y yr l$ macs tas b �aOG C2� m7�t3 a m3 a•¢o �'� 3•gas= 3M aa,4- 6 0 o m'cs � m nWT� z m .4. °' -CD.i. w � —. -c .-'� „�R. o m a >7. :may f H. pm~aend C'C> n c m K 7 5 a a__ate a® Q -c m 7 u m v = = f A Q Q�p� W 17 �> @_o p ..7 809 m 3 lE c a a m w m m ° d o p� °—q q� c7.[z„ °' m a?.v,= arm 3 G. to a-°'gl �' 1 ar --c 22a0 earn m *� - m n a� he n 3 =2 - [ 'a 27.3-T a2 la,4 m ry a—o ad a c•� a p f mvZ>2 rsmm�fr pr2--z n m ena g. 7 � c m' "fl =.a.- rt 4.-c m In a cr.xi`moo Cm�4enn2.'rn •y m 2s- a ^_°r $ w m . .g ta Y'��xz r; =b m•a,m -ci THE AMERICAN INSTITUTE OF ARCHITECTS *111Vi r�y.�^F�,..;S iI Bond Number OKC6242I3 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Delta Municipal Supply Company, Inc. American Safety Casualty Insurance Company 855 Marathon Parkway, Suite 3 100 Galleria Parkway, S.E., Suite 700 Lawrenceville, GA 30046 Atlanta, GA 30339 OWNER(Name and Address): City of Tybee Island 923 Bay Street Tybee Island, GA 31328 CONSTRUCTION CONTRACT Date: May 23,2013 Amount:S653,054.00 Description(Name and Location): Drive-By Automatic Water Meter Reading System Tybee Island,GA BOND Date(Not earlier than Construction Contract Date): June 03, 2013 Amount: S653,054.00 Modifications to this Bond: ❑None E See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Delta Munielpa! Su► s ly Conn+any, Inc. American Safety Casualty Insurance Company Signature: _ _ Signature: . ,:-/. "- / ?'f ? Name and Titl ' -rE�fi+l $Vacu,4 Name and Title: A.M. DiGeronimo PRES.7Er, T. Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY — Name. Address and Telephone) AGENT or BROKER: National Surety Services, Inc. OWNERS REPRESENTATIVE(Architect, Engineer or 1534 Dunwoody Villge Parkway, Suite 220 other party): Atlanta, Georgia 30338 Al,r DOEL N1ENT A313 PERI O1 MANCE BOND AND PAYNI6 NT BOND • OL•CLMHEkk I9$4 ED •Al.#8 4312-1984 1 TI—I[.AMERICAN INSTMrrE OE ARCHITECTS, 4715 NEW YORK AVE .N U W`.\51f1NUTON D C 20006 THIRD PRIVIIMo • \l UCH I.O Page 1 of 8 Including Bond Rider 1 The Contractor and the Surety,jointly and severally, n hich it may be liable to the Oltner and. as soon bind themselves. their heirs, executors, administrators as practicable after the amount is determined. successors and assigns to the Owner for the performance of tender pay mint therefor to the Owner; or the Construction Contract.which is incorporated herein by reference. . 2 Deny liability in whole or in part and notify the 2 It the Contractor performs the Construction Contract. Oe ner citing reasons therefor_ the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3. r. 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default,the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after demanding that the Surety perform its obligations under this 3.l The []tuner has notified the Contractor and the Bond. and the Owner shall be entitled to enforce any remedy 3.! The e its Owner has notifd tie Contractor ID below available to the the ner. If the Surety proceeds as provided in that the Owner is considering described* in Paragraph a Contractor Subparagraph 4.4,and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in Default and has requested and attempted to arrange a part, without further notice the Owner shall be entitled to conference with the Contractor and the Surety to be held enforce any remedy available to the Owner. not later than fifteen days after receipt of such notice to discuss methods of performing the Construction 6 After the Owner has terminated the Contractor's right to Contract. If the Owner, the Contractor and the Surety complete the Construction Contract, and if the Surety elects agree, the Contractor shall be allowed a reasonable to act under Subparagraph 4.1. 4,2, or 4.3 above, then the time to perform the Construction Contract, but such an responsibilities of the Surety to the Owner shall not be agreement shall not waive the Owner's right, if any, greater than those of the Contractor under the Construction subsequently to declare a Contractor Default: and Contract, and the responsibilities of the Owner to the Surety 3.2 The(]caner has declared a Contractor Default and shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this formally terminated the Contractor's right to complete Bond, but subject to commitment by the Owner of the the contract. Such Contractor Default shall not be de- Balance of the Contract Price to mitigation of costs and Glared earlier than twenty days after the Contractor and damages on the Construction Contract. the Surety is the Surety have received notice as provided in Sub- obligated without duplication for: paragraph 3. I and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract: terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6,2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety 4: and under P lt graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract, actual damages 4.1 Arrange for the Contractor, with consent of the caused by delayed performance or non-performance of Owner.to perform and complete the Construction the Contractor. Contract. or 4.2 Undertake to perform and complete the Construe- 7 The Surety shall not be liable to the Owner or others for agents or through lode obligations of the Contractor that are unrelated to the Lion Contract itself,through its a g through Contract. and the Balance of the Contract Price pendent contractors: or shall not be reduced or set off on account of any such .3 Obtain bids or negotiated proposals from unrelated obligations.No right of action shall accrue on this qualified contractors acceptable to the Owner for a Bond to any person or entity other than the Owner or its contract for performance and completion of the Con-heirs. e.recutors. administrators or successors. struction Contract. arrange for a contract to be pre- pared for execution by the Owner and the contractor 8 The Surety hereby waives notice of any change, selected with the Owner's concurrence. to be secured including changes of time. to the Construction Contract or to with performance and payment bonds executed by a related subcontracts, purchase orders and other oblige- qualified surety equivalent to the bonds issued on the [ions. Construction Contract. and pay to the Owner the amount 9 Any proceeding, legal or equitable. under this Bond of damages as described in Paragraph 6 in excess of may be instituted in any court of competent jurisdiction in the Balance of the Contract Price incurred by the Owner the location in which the work or part of the work is located resulting from the Contractor's default: or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete. arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails for coablle promptness under the circumstances: to perform its obligations under this Bond. tlhichewer occurs first. If the provisions of this Paragraph are void or . 1 After investigation.determine the amount for in prohibited by law, the minimum period of limitation avail- tl-4 BOO'MENT A31w,PERFORM Vs(E BuND AND PAYMENT BOND'DECEMBER 19'44 ED .AIA t ENE AMERICAN INSIA[UTE OF ARCHITECTS 1715 NEW YORK AVE N W WASHINGT[_1ti.DC 10006 A3112-1484 2 THIRD MRIN'mai,.M,1RCI1 I'o17 Page 2 of 8 including Bond Rider able to sureties as a defense in the jurisdiction of the suit tractor ean% amounts received or to be received 1:w the shall be applicable. Owner in settlement of insurance or other claims for 10 Notice to the Surety, the Owner or the Contractor damages to which the Contractor is entitled, reduced shall be mailed or delivered to the address shown on the by all valid and proper payments made to or on behalf sign be page. oldie Contractor under the Construction Contract. I I When this Bond has been furnished to comply with a 12.2 Construction Contract; The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sic-- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement chances thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein.The intent is that this Bond which has neither been remedied nor waived, to per- shall be construed as a statutory bond and not as a common form or otherwise to comply with the terms of the law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.I Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments have thereof. been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is pro ided below for additional signatures of added parties. other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: -jam" Signature: Name and Title; — 4>~ Name and Title: Address: lt1 �• 5'L M- rtz.esZDETtT Address: rn ?- tT'Ho ikw cE�1 a 1,1E, &A, 3D6'- AlA DoCI;MEN r A312.PLI.FURMANCE BOND AND PAYMENT BOND DECEMBER 1984 t D •?.IA H, 111E AMERICAN INSTITUTE.i.PF ARCHITECTS, 735 NEW YORK AVE,N W..WASHINGTON.U c 006 A312-1984 3 tHIRD PRINTING-MARCII I9$7 Page 3 of 8 Including Bond Rider THE AMERICAN INSTITUTE OF ARCHITECTS MOM 64 Him ivil Piegg Bond Number 0KC62-1213 ALI Docil,nera!A312 Payment Bond Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Delta Municipal Supply Company, Inc. American Safety Casualty Insurance Company 855 Marathon Parkway, Suite 3 100 Galleria Parkway, S.E., Suite 700 Lawrenceville, GA 30046 Atlanta, GA 30339 OWNER(Name and Address): City of Tybee Island 923 Bay Street Tybee Island, GA 31328 CONSTRUCTION CONTRACT Date: May 23, 2413 Amount: 5653,054.00 Description(Name and Location): Drive-By Automatic Water Teter Reading System Tybee Island,GA B 0ND Date(No earlier than Construction Contract Date): June 03, 2013 Amount: 5718,359.00 0 None CJ See Page 6 Modifications to this Bond: CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Delta Municipal Supply Company Inc. American Safety Casualty Insurance Company Signature: - Signature: _ f f Name and Title: .g c ti,dE“ D_ 5 t.0 casts Dame and Title: A.M. DiGeronimo '17+Ftc5 i the N 1 Attorney-In-Fact (Any additional signatures appear on page 6) (FOR 1NFOR,11I TfO.V ONLY— Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or National Surety Services, Inc. other party): 1534 Dunwoody Village Parkway, Suite 220 Atlanta, Georgia 30338 AI.A DOCt19EVI t31:° PERFORMANCE BOND AN1)PAYMENT BOND'DECEMBER 1954 ED -Al A g- THF,AMERICAN INSTITUTE OF ARCF9UTECrS,1.735 NEW YORK AVE.N W WASH 1NCi-roN,ii C- '4ronr, A312-1984 4 rHIRD I RINTENi1-MARCH I937 Page 4 of 8 Including Bond Rider I The Contractor and the Surety,jointly and severally. 6 When the Claimant has satisfied the conditions of bind themselves. their heirs. executors. administrators, Paragraph 4.the Surety shall promptly and at the Surety's successors and assigns to the Owner to pay for labor. eepe+ise take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract. which is incorporated 6.1 Send an answer to the Claimant,with a copy to the herein by reference. Owner. within 45 dais after receipt of the claim,stating the amounts that are undisputed and the basis for 2 With respect to the Owner, this obligation shall be null challenging any amounts that are disputed. and Gold if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, for amounts. all sums due Claimants. and 7 The Surety's total obligation shall not exceed the 2.2 Defends. indemnifies and holds harmless the Owner amount of this Bond, and the amount of this Bond shall be from claims, demands, liens or suits by any person or credited for any payments made in good faith by the Surety, entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished 8 Amounts owed by the Owner to the Contractor under for use in the performance of the Construction Contract. the Construction Contract shall be used for the perfor- provided the Owner has promptly notified the mance of the Construction Contract and to satisfy claims. if Contractor and the Surety (at the address any, under any Construction Performance Bond. By the described in Paraaraph 12) of any claims, demands. Contractor furnishing and the Owner accepting this Bond, liens or suits and tendered defense of such claims, they agree that all funds earned by the Contractor in the demands. liens or suits to the Contractor and the Surety. performance of the Construction Contract are dedicated to and provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use 3 With respect to Claimants,this obligation shall be null the funds for the completion of the work, and void if the Contractor promptly makes payment, directly or indirectly. for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable under this Bond until: for payment of any costs or expenses of any Claimant under 4.1 Claimants who are employed by or have a direct this Bond. and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of.or otherwise Surety (at the address described in Paragraph 12) and have obligations to Claimants under this Bond. sent a copy. or notice thereof,to the Owner,stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy. the amount of the claim, including changes of time. to the Construction Contractor to 4.2 Claimants who do not have a direct contract related subcontracts, purchase orders and other obligations, with the Contractor: 1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy. or notice thereof. to the under this Bond other than in a court of competent juris- Owner, within 90 days after having last diction in the location in which the work or part of the work performed labor or last furnished materials or is located or after the expiration of one year from the date equipment iin the claim stating, with (1)on which the Claimant gave the notice required by equipment included n accuracy,in the amount Lathe claim Subparagraph 4.1 or Clause 4,2,3, or(2)on which the last and the name ra y, t party to whom the labor or service was performed by anyone or the last mate- and materials were furnished pat so whom or for rials or equipment were furnished by anyone under the materials the labor funs done or performed; and Construction Contract, whichever of(1)or(_) first occurs. If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties part from the Contractor, or not received as a defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim 12 Notice to the Surety. the Owner or the Contractor will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not haying been paid 1yithin the above 30 days. Owner or the Contractor, however accomplished,shall be have sent a written notice to the Surety (at the sufficient compliance as of the date received at the address described in Paragraph 12) and sent a address shown on the signature page. copy, or notice thereof, to the Owner_ stating that a claim is being made under this Bond and 13 When this Bond has been furnished to comply with a enclosing a copy of the previous written notice statutory or other legal requirement in the location where the furnished to the Contractor. construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall be cent compliance. deemed incorporated herein. The intent is that this 41.1 DOCt 11E.NT:1312 PERFORMANCE BOND ANr)PAYMENT BOND-DECEMBER IOU ED - rs THE aMF.RICAN f\ISTITI TE OF,ARC1-H rECTS. 1'35 NEW YOR1,`.AVE.N W.,WASHINGTON.U C' 1noo( A312-1984 'r111RD PRINTING.441ARCtI 1743 Page 5 of 8 Including Bond Rider Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineerinn common I.DA bond. services required for performance of the work of the Contractor and the Contractor's subcontractors. and all 14 Upon request by any person or entity appearing to be other items for which a mechanic's lien may be asserted a potential beneficiary of this Bond. the Contractor shall in the jurisdiction where the labor, materials or promptly furnish a copy of this Bond or shall permit a copy equipment were furnished. to be made. 15 DEFINITIONS I5.2 Construction Contract:The agreement between the Owner and the Contractor identified on the signature 15.1 Claimant: An individual or entity having a direct paste. including all Contract Documents and changes contract with the Contractor or with a subcontractor of thereto. the Contractor to famish labor. materials or equip- 15.3 Owner Default: Failure of the Owner,which has merit for use m the performance of the Contract. The neither been remedied nor waived, to pay the Con intent of this Bond shall be to include without lim- tractor as required by the Construction Contract or to itation in the terms"labor.materials or equipment"that perform and complete or comply with the other terms part of water,gas, power, light, heat, oil, gasoline, thereof: telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties.other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal i Company: (Corporate Seal) Sianature: Signature: Name and Title: and Title: Address: 5M PAES:Dxtit Add e 65s MARrlrHo J 941--tap1 1.ficYJ MC U\ 11E 6ic . 3)0146 AIA 1)OC t ME NT PER'0RNIA.NCE BOND AND PA r armto-D[C I 1Bt R 193-1 ED -:41A 4 THE AMERICAN INNS[iii;IF l)1 ARCHITECT'). 1715 NI-+hYORK AVE N w.v4ASffNiCrr11N o . 20006 A312-1984 6 ITHRrl PRINTING-MARC I I PM' 17arxF. Fr r1f A T-nrii,d'inrr Tlr rt Riaor EXHIBIT "A" BOND RIDER To be attached to and form a part of Performance Bond No. UKC624213 . dated June 3. 2013 , issued by American Safety Casualty .Insurance Company . as Surety, on behalf of Delta Municipal Supply Company. Inc._ ,as Principal, in the penal sum of Six Hundred Fifty Three Thousand Fifty-Four and 00/100 (S 653.054.00), and in favor of City of Tvbee Island . as Obligee. In consideration of the premium charged for the attached bond. it is hereby agreed that the attached bond be amended as follows: This Bond is executed and accepted upon the express condition precedent that the Surety shall not be liable for any provisions of the underlying, contract, general contract, or specifications,respecting guarantees for maintenance or repairs,except for defects in workmanship and materials occurring within one (1) year after completion of the contract, nor is the Surety obligated to furnish any other Bond covering such provisions of the contract, general contract,or specifications. Provided. however.that the attached Bond shall be subject to all of its agreements, limitations. and conditions. except as herein expressly modified, and further that the liability of the Surety under the attached Bond, as amended by this Rider, shall not be cumulative. This Rider shall become effective as of the 3rd day of June . 2013 . Signed, sealed, and dated this 3rd day of June . 2013 . Principal: Delta Municipal Supply Company By: American Safety Casualty Insurance Company By: A.M. DiGeronimo, Attorney-in-Fact Page 7 of$ Including Boni Rider OI C624223 ACSI Number POWER OE ATTORNEY AVERICANSAMY!NSUAanrcE KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed,and by these presents does make,constitute and appoints A.M.Digeronimo,Michael R.Digeronimo. Colin.Tumy of Atlanta,GA its true and lawful attorney-in-tact,for it and its name,place, and stead to execute on behalf of the said Company,as surety,bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ***THREE MILLION***($3,000,000.00)DOLLARS*** This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 25th day of April,2012. RESOLVED,that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bands,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in- fect or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: 0)when signed by the President or any Vice-President and attested and sealed(if a seal is required)by any Secretary or Assistant Secretary or(ii)when signed by the President or any Vice-President or Secretary or Assistant Secretary,and counter-signed and sealed Of a seal is required)by a duly authorized attorney-in-fact or agent;or(iii)when duly executed and sealed(if a seal is required)by one or more attorney-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons_ RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance,or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF,American Safety Casualty insurance Company has eased its cfciat seal to be here 0 affixed,and these presents to be signed by its President and attested ay its Secretary Ms 25th day of April.2412 Attest: .-:; :3 -i,;i, 11_6, 1-..,11-!..±4-.% ,..;',.",:e.1/4,,'71.;*.gur'e;:.''7-:_fA. A rbuj Jain � :%----,....,f r,t=- v°' JOsacr D +Jt STATE OF GEORGIA } I▪S 7� ,,�'z‘;‘--.:,-' .-7. COUNTY OF COBS I .40,;.4...7",...:r;rr,,r:u ;t,.,. On this 25th day of Apnl.2012,before ma persoraly cars Joseph 0 Soc.i to me known,who,being by me duly sworn,did depose and say that Safety tifi Y�t11�i�( r!" he is ice President aF American Sare Casua:�ky Insurarco+iempany �t+�,��lfa3 escr,Led in and which executed the above instrument;that he knows the seal of the sad corporat'on,that the seal affixed to the S r'2 w F /r-ora:trats seal;that is was so affixed by order of Inc Board of Directors of said coracrat:on and that he signed his name thereto;�i'` o0IFS''QN.c y z c▪o Rs MAR. m-can f ';1 27, .# �f`f._r.— 1 c i/.z. �r�- s =. 2016 s h . eett on Lee Jerfress cl I Pubilo I the undersigned,Secretary cf Aare loan Safety Casualy Insurance Ccrnpehly,an Oklahoma corperat..on, DO HERESY CERTIFY,that the foregoing and attached Power of Attorney remarrs in to!force and nas not been revoked:and furthermore that the Resolution of the Board of Directors,sat forth rn the sad Power of Attorney is now in fo . Signed and sealed in the City of Alamo,in the State of Georgia yYr;• L .% Dated this Id day or June 2013 T+ , are r 4TL l;' c 5 ; ; x11, ;+'.,: h.rnbui Jan ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUCTION WITH THE ORIGINAL. Page 8 of 8 Including Bond Rider