G E O R G I A P O R T S A U T H O R I T Y I N S U R A N C E R E Q U I R E M E N T S

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1 Page 11 of 17 G E O R G I A P O R T S A U T H O R I T Y I N S U R A N C E R E Q U I R E M E N T S The contractor shall provide certificates of insurance in a form acceptable to the Georgia Ports Authority affirming the contractor has purchased insurance as required below. All such insurance shall be issued by an insurer or insurers licensed or authorized to transact insurance in the State of Georgia. (1) Workers Compensation and Employer s Liability insurance covering all employees of the contractor and all of the employees of any subcontractor working under contract with the contractor. Such insurance shall be provided in accordance with all applicable federal and state laws. Employers Liability insurance limits shall not be less than $100,000 for each accident and $500,000 in aggregate for disease claims. If the contractor is not required to carry such insurance under the laws of the State of Georgia, and for that reason elects not to obtain such coverage, the contractor must sign an indemnity/hold harmless agreement. Such insurance shall contain a waiver of subrogation rights in favor of the Georgia Ports Authority with respect to claims or losses insured by policy. (2) Automobile Liability insurance covering any automobile used by the contractor or any subcontractor. The policy limit for automobile insurance shall be at least $1,000,000 for all bodily injury and property damage arising from one occurrence, or, if the policy provides separate occurrence, or, if the policy provides separate limits for bodily injury and property damage, at least $1,000,000 for bodily injury and $1,000,000 for property damage. The required limits may be provided by a single policy or by a combination of primary and excess policies. The policy or policies shall provide coverage at least as broad as that provided by the Business Automobile Insurance Policy promulgated by the Insurance Services Office. (3) General Liability insurance, including contractual liability coverage, covering the contractor or any subcontractor for bodily injury, personal injury and property damage claims which may result from operations under the contract. The policy limit under the general liability coverages shall be at least $1,000,000 for all bodily injury, personal injury and property damage arising from one occurrence, or, if separate limits are provided, at least $1,000,000 for bodily injury, $1,000,000 for personal injury, and $1,000,000 for property damage. The required limits may be provided by a single policy or by a combination of primary and excess policies. The policies shall provide protection at least as broad as that provided by the Commercial General Liability Policy promulgated by the Insurance Services Office, and shall be written on an occurrence basis only. The policy or policies must include contractual liability coverage, and this coverage must be evidenced on the insurance certificate. The policy or policies shall be endorsed to name the Georgia Ports Authority as an additional insured. All coverages shall be maintained continuously from the commencement of work under this contract until the date of final payment. (4) If any boats, barges, ships or other watercraft are used in connection with the work to be performed under this contract, the contractor shall provide (a) Protection and Indemnity Insurance and (b) Hull Coverage with the running down clause covering such watercraft. The policy limit for the Protection and Indemnity Coverage shall be $1,000,000 for each accident, and shall include coverage for Jones Act/crew and for wreck removal. (5) Certificates of insurance shall be furnished to Georgia Ports Authority before the commencement of work or provision of products or services under the contract. Such certificates of insurance shall be in a form acceptable to Georgia Ports Authority and shall show the policies include all coverages and endorsements required by the referenced contract. (6) The certificate of insurance should contain a provision whereby the insurer(s) issuing coverage is required to notify the Georgia Ports Authority Risk Management Department at least 30 days in advance of any cancellation or non-renewal of insurance noted on the certificate. Rev. 8/04 BMO_5/11/06_Hurricane Shutters at GCT & MP Administration Buildings (Req )

2 B I D B O N D Page 12 of 17 KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and, as Surety, are held and firmly bound unto The Georgia Ports Authority, as Obligee, in the sum of DOLLARS ($ ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, or heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this day of, 20. WHEREAS, the Principal is herewith submitting its Proposal to The Georgia Ports Authority, a body corporate of the State of Georgia, for Georgia Ports Authority, Savannah, Georgia. NOW THEREFORE, the conditions of this obligation are such that if the Proposal be accepted, the Principal shall within ten (10) days from the date of Notice of Award of each Contract, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth therein, and in the form and manner required by The Georgia Ports Authority, and, when required, execute a sufficient and satisfactory Performance Bond and Payment Bond payable to The Georgia Ports Authority, each in an amount of one hundred (100%) of the total Contract Price, in form and with security satisfactory to The Georgia Ports Authority, then this obligation to be void; otherwise to be and remain in full force and effect in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Georgia Ports Authority, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN WITNESS WHEREOF, the said, as Principal, has hereunto set his hand and the said, as Surety, has caused these presents to be signed in its name by its Attorney-In-Fact, under its corporate seal, this day of A.D., 20. SIGNED, sealed and delivered in the presence of (SEAL) (SEAL) (Witness) (Principal) (Attorney-In-Fact, Surety) (Witness) (Title) (Title) (Witness) (Witness - Principal) (Witness - Surety) ATTACH COPY OF POWER OF ATTORNEY

3 Page 13 of 17 P A Y M E N T B O N D THIS BOND IS EXECUTED TOGETHER WITH ANOTHER BOND IN FAVOR OF THE OWNER AS OBLIGEE CONDITIONED UPON PERFORMANCE OF THE CONTRACT. KNOWN ALL MEN BY THESE PRESENTS: That (Legal title and address of the Contractor) as Principal (hereinafter referred to as "Principal"), and as (Legal title and address of Surety) Surety (hereinafter referred to as "Surety"), are held and firmly bound unto as Obligee (hereinafter referred to as "Owner"), for the use and benefit of claimants defined, hereinafter, in the amount of Dollars ($ ), to which payment Principal and Surety bind (Insert Contract Price) themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has entered into a contract with Owner dated for (Insert name of work), in accordance with drawings and specifications prepared by (Insert full name and title), which contract is incorporated herein by reference and made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. The said Surety to this bond, for value received, hereby stipulates and agrees that no change(s), extension(s) of time, alteration(s) or addition(s) to the terms of the Contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change(s), extension(s) of time, alternation(s) or addition(s) to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said Contract. 3. Every person entitled to the protection hereunder and who had not been paid in full for labor or materials furnished in the prosecution of the work referred to in said bond before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him, or materials or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing said payment bond shall have the right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the day on which such person did or performed the last of the labor, or furnished the last of the materials or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or supplied or for whom the labor was performed or done; provided further that nothing contained herein shall limit the right of action to said 90 day period. Notice may be served by depositing a notice, registered mail, postage prepaid, duly addressed to the Contractor at any place he maintains an office or conducts his business, or his residence, in any post office or branch post office or any letter box under the control of the Post Office Department or, notice may be served in any manner in which the sheriffs of Georgia are authorized by law to serve summons or process. Every suit instituted under this section shall be brought in the name of the claimant without the Owner being made a party thereto. The official who has the custody of said bond is authorized and directed to furnish, to any person making application therefore who submits an affidavit that he has supplied labor or materials for such work and payment therefore has not been made, or that he is being sued on any such bond, a copy of such bond and the contractor for which it was given, certified by the official who has custody of said bond; this copy shall be primary evidence of said bond and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, but in no case shall the fee exceed the fees which the clerks of the superior courts are permitted to charge for similar copies. 4. No action can be instituted on this bond after one year from the date of the final certificate of the architect. 5. Further, this bond shall be considered the same as bond furnished under the Official Code of Georgia Annotated et seq., and et seq., and all provisions of law pertaining to bonds furnished under said Section shall pertain hereto. SIGNED and sealed this day of A.D., 20. IN THE PRESENCE OF: (SEAL) (Principal) (Title) Witness (Principal) (SEAL) (Surety) (Title) Witness (Surety)

4 P E R F O R M A N C E B O N D Page 14 of 17 KNOWN ALL MEN BY THESE PRESENTS: That (Legal title and address of the Contractor) as Principal (hereinafter referred to as "Contractor"), and (Legal title and address of the Surety) as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto as Obligee (hereinafter referred to as "Owner"), in the amount of Dollars (Insert Contract Price) ($ ), to which payment Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with Owner dated for (Insert name of work), in accordance with drawings and specifications prepared by (Insert full name and title), which said contract is incorporated herein by reference and made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform and comply with the terms and conditions of said contract; and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrongdoing, including patent infringement, misconduct, want of care or skill, default or failure of performance on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 1. The said Surety to this bond, for value received, hereby stipulates and agrees that no change(s), extension(s) of time, alteration(s) or addition(s) to the terms of the Contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change(s), extension(s) of time, alternation(s) or addition(s) to the terms of the contract or to the work or to the specifications or drawings. 2. If pursuant to the contract documents the Contractor shall be declared in default by the Owner under the aforesaid Contract, the Surety shall promptly remedy the default or defaults or shall promptly perform the Contract in accordance with its terms and conditions. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner within twenty-five (25) days after receipt of a declaration of default of the Surety's election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishing of each omitted item of work, and (d) the performance of the contract. The Surety shall not assert solvency of its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the contract. 3. Supplementary to and in addition to the foregoing, whenever the Owner shall notify the Surety that the Owner has notice that the Contractor has failed to pay any subcontractor, materialman, or laborer for labor or materials certified by the Contractor as having been paid for by the Contractor, the Surety shall, within 30 days of receipt of such notice, cause to be paid any unpaid amount for such labor or materials. 4. It is expressly agreed by the Principal and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the work. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the legal successors of the Owner. SIGNED and sealed this day of A.D., 20. IN THE PRESENCE OF: (SEAL) (Principal) (Title) (Witness - Principal) (SEAL) (Surety) (Title) (Witness - Surety)

5 Page 15 of 17 CONTRACT LANGUAGE REQUIRED BY O.C.G.A. SECTION The contractor agrees, for itself and its subcontractors, to provide documentation verifying their compliance with the Georgia Public Employee Hazardous Chemical Protection and Right To Know Act of 1988, O.C.G.A. section to Such documentation shall demonstrate, at a minimum, that: (1) all labeling requirements for hazardous chemicals introduced in the workplace have been met; and (2) material safety data sheets for such chemicals have been provided to all employees using them and such employees have received instruction in handling, emergency procedures, and disposal prior to introducing such hazardous chemicals. Furthermore, the contractor agrees, for the itself and its subcontractors, to provide Georgia Ports Authority with properly prepared material safety data sheets for all hazardous chemicals that will be used or stored on Georgia Ports Authority property, as well as a list of such chemicals. The labeling and training documentation, chemical list, and MSDS's must be provided at least 30 days prior to the commencement of work and/or storage of hazardous chemicals on a Georgia Ports Authority facility. However, the 30-day advance notification requirement may be waived in the event of an emergency. The waiver of said advance notification requirement does not relieve the contractor or its subcontractors from notifying Georgia Ports Authority of any hazardous chemicals which will be used in the performance of emergency work prior to the commencement of such work or providing documentation, upon the request of the Georgia Ports Authority, that contractor or subcontractor employees have been provided with information and training on the hazardous chemicals being used or stored in the workplace. Notification should be directed to the contract administrator and copies also directed to Georgia Ports Authority Hazardous Material Manager. The contractor agrees, for itself and its subcontractors, not to commence work until it has complied with the proceeding paragraphs. Any delay caused by such noncompliance shall not result in a penalty to Georgia Ports Authority. Upon any violation of O.C.G.A. section by the contractor or its subcontractors, the Georgia Ports Authority shall have the right to terminate this contract without liability. Company Name Date Legally Authorized Signature Print Name and Title

6 S T A T U T O R Y A F F I D A V I T Page 16 of 17 COUNTY OF STATE OF FROM: (Contractor) TO: GEORGIA PORTS AUTHORITY, OWNER RE: Contract entered into the day of, 20, between the above-mentioned parties for the construction of a at. KNOW ALL MEN BY THESE PRESENTS: 1. The Undersigned hereby certifies that all work required under the above contract has been performed in accordance with the terms thereof, that the agreed price or reasonable value of the labor, services, or materials furnished by all materialmen, subcontractors, mechanics, and laborers and used in said work have been paid in full, and that there are no outstanding claims of any character (including disputed claims or any claim to which the Contractor has or will assert any defense) arising out of the performance of the Contract which have not been paid and satisfied in full except as listed herein below: (Instruction - Enter the word "none" or list the names of claimants and the amount claimed by each.) Claimant Amount Claimed 2. The Undersigned further certifies that to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the Contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a lien upon the property of the Owner. 3. The Undersigned makes this affidavit as provided by law and for the purpose of receiving final payment in full settlement of all claims against the Owner arising under or by virtue of the Contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the Contract. This day of, 20. COUNTY OF STATE OF (L.S.) (Signature) (Title) (Firm) Personally before me, the Undersigned authority, appeared, who is known to me to be an official of the firm of, who after being duly sworn, stated on his oath that he had read the above statement and that the same is true and correct. This day of, 20. Notary Public My Commission Expires

7 Page 17 of 17 VENDOR REPORTING FORM Please indicate vendor type below if the definition applies to your company. This request is made for statistical purposes only. 1. MINORITY BUSINESS ENTERPRISE (MBE) The business is either: a. owned by a member of a minority race; or b. a partnership of which a majority of interest is owned by one or more members of a minority race; or c. a public corporation of which a majority of the common stock is owned by one or more members of a minority race. (A member of a minority race is defined as an individual who is a member of a race which comprises less than 50 percent of the total population of the State of Georgia.) TYPE OF VENDOR please check one of the following applicable categories: African American Native American Other American Minority Asian American Pacific Islander Hispanic/Latino 2. NOT APPLICABLE Company Name: Signature: Printed Name: Date: Phone: Fax: Fax to: (912) or Mail to: Purchasing Department Georgia Ports Authority P. O. Box 2406 Savannah, GA /30/02