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DOC091118-09112018172528.pdf
STATE OF GEORGIA ) COUNTY OF CHATHAM ) ADDENDUM TO EMERGENCY EQUIPMENT LEASE AGREEMENT This Addendum is to clarify the provisions of the Agreement attached hereto concerning the City of Tybee Island ("City") and the delivery and charge for bypass pumps. Notwithstanding any other provision of the Contract attached hereto, in the event the City notifies Thompson Pump and Manufacturing Co. ("Thompson") that pumps are required, Thompson will be entitled to charge the rate pursuant to the Contract from delivery and installation to the City. Thompson is not bound to "hold" pumps but will deliver pumps and charge therefor when requested in the event the pumps are available at the time of the request Both parties have agreed to this Addendum as evidenced by the signatures below. THIS /0 thy of/e'&/e ,4 ei1 , 2018. LESSOR/COMPANY: THOMPSON PUMP AND MANUFACTURING CO. By: Title: Print Name: -4 . otj SGt ft, %r2/' LESSEE/CITY: CITY OF TYBEE LAND, GEORGIA Attes ason Buelterman, Mayor LeViner, Clerk APPROVED AS TO FORM: Edward M. Hughes CityAttomey STATE OF GEORGIA ) COUNTY OF CHATHAM ) EMERGENCY EQUIPMENT LEASE AGREEMENT WHEREAS, the City of Tybee Island (hereinafter "City" or "Lessee") is a municipality existing under Georgia law; and WHEREAS, the City issued a Request for Proposals for primary and secondary "standby" contracts to rent thirteen (13) diesel bypass pumps for the City's thirteen sewer lift stations, the same being RFP No. 2018-711; and WHEREAS, Thompson Pump and Manufacturing (hereinafter "Company" or "Lessor") responded to the RFP and was determined to be the second most advantageous responder for the needs of the City so as to be the secondary provider in the event the need for the pumps should arise; and WHEREAS, each of the parties hereto recognizes that the purpose of the proposal and this agreement is to prepare the City for the eventuality of natural or other disasters and/or power failure disruptions so as to protect and maintain in operation the sewer and waste disposal system of the City and to have a "backup" agreement between the parties hereto so as to supply the necessary equipment/pumps in the event the other source with whom the City has contracted as primary is unable to deliver; and WHEREAS, each of the parties understands that, depending upon the notification and timing of notice from the City to the Company during the two year term of this agreement, the 1 Company may not then have available in its inventory any or all of the equipment covered by the RFP and the offer submitted in response. NOW, THEREFORE, parties wish to enter an equipment lease agreement as provided herein as follows: 1. Lease Terms and Equipment. The RFP is attached hereto as Exhibit "A" and the response of Thompson Pump and Manufacturing is attached hereto as Exhibit "B," Each of those exhibits is incorporated herein and establish the material terms of the agreement. In the event of any inconsistency in the terms of the RFP and Response thereto and this Agreement, the terms of this Agreement shall control. 2. Equipment Availability. Notwithstanding any other provisions herein or in the Request for Proposals and/or the Responses thereto, the parties hereto agree that the obligation of the Company to supply the equipment (pumps) upon notice from the City, is contingent upon the Company having such equipment in its inventory at the time of the request. In the event the City's request can be only partially satisfied due to the Company not having all of the equipment available, the compensation will be adjusted in proportion to those items of equipment and/or pumps actually provided to the City, Following notice to the Company from the City that the City may need the equipment within fourteen (14) days, the Company shall make available and/or hold for the City all equipment in its possession pending further notice by the City to either deliver and install the equipment or the cancellation of the "hold" notice. Following notice from the City, the Company shall not rent, lease, sell any of the equipment then in its possession to any other party or entity without written permission from the City, 2 3. The City agrees to make prompt payment in accordance with Exhibits "A" and "B" in the event it exercises its rights under the "standby" lease and secures actual possession of any or all of the equipment. 4. Delivery and Installation. Company will provide such of the equipment as called for in Exhibits "A" and "B" as it has in its possession or which is returned to its possession following notice from the City that the City anticipates being in need of the equipment pending the issuance of' an actual order triggering the lease obligation under this agreement. Company will deliver the equipment to the designated locations on Tybee island in operable condition upon receipt of notice by oral communication, email, text message, or written direction from the City and will do soli) the event of notice from the City within twenty-four (24) hours of such notice following a disaster event impacting the City. The parties acknowledge that the City has contracted as a primary source subject to availability for the pumps, equipment referred to in the RFP with Xylem Dewatering Solutions, Inc. and the Company acknowledges that the City's obligations to it are in backup to the City's obligations to Xylem. In the event Xylem should supply all of the equipment, there would be no order of equipment from Thompson; however, if Xylene for any reason cannot comply with the City's request for the fill] thirteen (13) pumps, the City will seek to secure the pumps from Thompson or as many as might be necessary and available. 5, Possession and Surrender of Equipment, City shall be entitled to possession of the equipment commencing upon its delivery to the City by Company, City agrees that upon 3 termination of its needs for the equipment, it will provide notice to Company and the Company will then retrieve the equipment promptly at its own cost and expense. 6. Use of the Equipment. City shall only use the equipment in a careful and proper maturer and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance, or storage of the equipment. Company warrants that the equipment delivered will operate as intended and agrees to correct any deficiencies in performance. 7. Maintenance, Damage and Loss. In the event the equipment is lost, stolen, or damaged beyond repair due to Act of Ood or vandalism outside of a warranty issue, the City is responsible for the damage incurred to the equipment, Each party should insure its interest in the equipment relative to its implementation of the equipment rental agreement. 8. Company's Representations. Company represents and warrants that it has the right to lease the equipment as provided in this agreement and the exhibits hereto and City shall be entitled to hold and possess the equipment pursuant to the terms of this agreement and the exhibits attached hereto, Company will not interfere with the City's rights as long as the City pays the rent in a timely manner and performs all other obligations under the agreement. 9. Assignment. Neither this agreement nor Lessee's rights hereunder are assignable except with Lessor's prior written consent. Lessor's obligations are not assignable without Lessee's written consent 4 10. Lease Terni. Itis agreed that the Agreement shall be effective for a period of two (2) years subject to the requirement that all obligations of the City must terminate without obligation at the end of each fiscal year by the City providing thirty (30) days advance notice of termination. In the absence of such notice in the first twelve (12) month period, the Agreement will automatically renew for the second and final year of the term. 11. Condition of Equipment and Repair. Lessee or Lessee's agent will inspect the Equipment andaelutowledge that the Equipment is in good and acceptable and operational condition when delivered. 12. Accessibility. During the lease term, the Lessor may require physical access to the equipment to conduct maintenance, troubleshooting, repair, or upgrades, and will subsequently provide notice to the Lessee of the need for access. The Lessor reserves the exclusive right to maintain its equipment, and may license outside contractors to also provide service to the equipment. Lessor may also pennit the Lessee to repair or maintain the equipment while in Lessee's possession in order to keep the equipment operational. 13. Encumbrances, Taxes and Other Laws. Lessee shall keep the Equipment free and clear of any liens or other encumbrances, and shall not .permit any act where Lessor's title or rights may be negatively affected. Lessee shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. 5 14. Sevetability, If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect If any provision of this Agreement is deemed invalid or unenforceable by any court of' competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 15. Binding Effect. The covenants and conditions contained in the Agreement and the exhibits attached hereto shall apply to and bind the Parties and their successors and permitted assignees of the Parties. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia. Any disputes arising hereunder shall be resolved by mediation and, if not resolved and litigation becomes necessary, the venue for any and all suits hereunder shall be in the Superior Court of Chatham County, the State Court of Chatham County, or the United States District Court for the Southern District of Georgia, 17. Notices. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid, although a copy may also be transmitted by electronic mail, as follows: As to the City: The City of Tybee Island AT"I•N: City Manager/Finance Director 403 Butler Avenue Post Office Box 2749 Tybee Island, Georgia 31328 sgillen@citvoilybee.org ahudson©citvoltybee.org With a copy to: As to the Company: The City of Tybee Island ATTN: Mayor 403 Butler Avenue Post Office Box 2749 Tybee Island, Georgia 31328 jbuelterrnan cni citvoftvbee.ora Thompson Pump and Manufacturing ATTN: Dennis Heater 125 Westside Boulevard Peeler, GA 31322 dheater@thompsonpump.com Notices shall be addressed to the party or parties identified and at the address as set forth above, 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 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, 18, Entire Agreement. Other than what may be specifically agreed to as an addendum to this document, this agreement with the Exhibits attached hereto constitutes the entire agreement between the Parties and supersedes any prior understandings or representations of any kind preceding the date of this Agreement, This agreement may be modified in writing and must be signed by both parties. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] IN WITNESS WEER' BOP, the parties have caused this Agreement, to be executed as ofthe dates below: LESSOR/COMPANY: TIiONIPSON PUMP AND MANUFACTURING By: Title: /'tc fie( , f 4,5 X G Print Mune: 14.10 /e/ it 5 LESSEE/CITY: CITY OF TYBEE ISLAND, GEORGIA I3y: n Buelterrnan, Mayor Attest:.a.t iLeViner, Cleric APER VE AS TO ?'ORM: Edward M. Hughes City Attorney EXHIBIT A REQUEST FOR PROPOSAL REP NO. 2018-711 PRIMARY AND SECONDARY "STAND-BY" CONTRACTS TO RENT 13 (THIRTEEN) DIESEL BYPASS PUMPS FOR THE CITY'S 13 SEWER LIFT STATIONS RFP DUE: THURSDAY MAY 31, 2018 by 10:00am CITY OF TYBF.E ISLAND, GEORGIA 'JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM JACKSON BUTLER WANDA DOYLE JOHN BRANIGIN DOCUMENT CHECK LIST JULIE LIVINGS'FON MONTY PARKS The following documents are contained in and made apart of this RFP Package or aro required to be submitted with the RFP. It is the responsibility of the Proposer to read, complete and sign, where indicated, and return these documents with his/her RFP, FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFYING THE PROPOSER GENERAL INFORMATION AND INSTRUCTIONS TO RFP WITH ATTACHMENTS RFP SPECIFICATIONS ATTACHMENTS." A. SAVE AFFIDAVIT; B.CONTRACTOR AFFIDAVIT; C. W- 9/VENDOR INFORMATION; D. PROPOSAL SHEET; E. STONED CHECK LIST Date: 5-1648 RFP NO. 2018-711 GENERAL INFORMATION FOR INVITATION FOR REP This Is a request for proposal for a primary and a secondary stand-by contract to rent up to 13 diesel bypass pumps for the City of Tybee Island, Georgia (sometimes hereinafter referred to as "Owner") for 13 sewer liftstations. The eoninnetperiod shall be for the petiod of June 2018 through December May of 2020. 'Sealed RFPs must be received by 10:00am local time, an Thursday, May 31, 2018. The City of Tybee Island reserves the right to reject any or all RFPs. Instruction for preparation and submission of a RFP am contained in this RFP package, Please note that specific forms for submission of a RFP we required. RFPs must be typed or printed in ink. City of Tybeo 'Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. City of Tybee Island seeks to ensure that all segments of the business community have access to supplying the goads and services needed by the City of Tybee Island. The City of Tybee Island provides equal. opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, ago, sex, national origin or handicap. 2 PURPOSE: The City of Tybee Island, OA is seeking proposals for a primary and a secondary stand-by contract to rent up to 13 portable DieselBypass pumps for the City's 13 sewer lit stations. The City shall execute the contraet(s) in the event of an emergency that may result or has resulted in power outages at the location(s) of the City's 13 sewer lift stations. The pumps should meet the following specifications: 1. Niue ("9") 4 incl. pumps o (9) each flinch flanged, diesel engine driven pumps • indefinite dry running ability r Automatic reit-priming capability -up to 28 feet o Solids handling capability up to 1.8 inches 2, Three ("3") 6 inch pumps o (3) each 6 inch flanged, diesel engine driven pumps • indefinite dry running ability * Automatic self- priming dry running ability • Solids .handling capability upto3 inches 3. One ("1") 6 melt pump a 1 each trailer mounted 6 inch flanged, diesel engine driven pump + Infinite dry run capability o Automatic self- priming dry running ability o Solids handling capability up to 3 inches TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will be provided with the Invoice at the time of payment, if requested. DELIVERY: F.O.B. DESTINATION Tybee island Water/Sewer Department, 923 Bay St, Tybee island, GA 31328 Inquiries or other need for clarification in this document should be submitted no later than May 25, 2018, Questions should be addressed to: Melissa Freeman u.freeman n citroftYbeaorg I. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a RPP to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15- 2015 See 1. Art VII, Proouroment, See 2-400, and the laws of the State of Georgia. 1.1 Flow to Prepare RFPs: All RFPs shall be: Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted, Typewritten or completed with pen and ink, signed by the business owner ar authorized representative, with all erasures or corrections initialed and dated by the official signing the RFP, ALL SIGNATURE SPACES MUST BB SIGNED 1.2 Flow to Submit RETs: a. An original, one duplicate copy and one electronic cony (thumb drive) roust be submitted in a sealed opaque envelope, plainly marked with the REP number and title, date and time of REP opening, and company name. b. Please include all documents requested. e, All RI+Ps shall be mailed or hand delivered in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above: Mailing Address and Hand Delivery: City of Tybee Island, Attn: Melissa Freeman, PO Box 2749, 403 Butler Avenue, Tybee Island, Georgie 31328. A FT'S NOT RECEIVED BY THE TIME AND DATE SPECWIED WILL NOT BE OPENED OR CONSIDERED. 1.3 How to Submit an Objection: Objections from Proposers to this RPP and/or these specifications shall be brought to the attention of the City of Tybee Island Purchasing Agent in the following manner: a, Proposers shall either present their oral objections at that time or submit their written objections at least two (2) days prior to the scheduled pre -RPP conference. b. The objections contemplated may pertain to fomh and/or substance of the RFP doournents. Failure to object in accordance with the above procedure will constitute a waiver on the part of the bugloss to protest this RFP, 1.4 Errors in RFPs: Proposers or their authorized representatives are expected tofully inform themselves as to the conditions, requirements, and specifications before submitting proposal(s). Failure to do so will be at theProposer's own risk. In case of error in extension of prices in the RFP or proposal, the unit price will govern. LS Standards for Acceptance of RFP for Contract Award: City of Tybee Island reserves the right to reject any or all proposnls and to waive any irregularities or technloalities in proposals received whenever such rejeotton or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to teject the Proposal of a Proposer 4 who has previously failed to perforin properly or complete ort time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. I.6 RFP Tabulation: Tabulations for all RFPs will be posted for thirty (30) days after the RFP is awarded on the City website, www.cityoitybee.org 1.7 Proposer; Whenever the ten» "proposer" is used it shall encompass the "person,' "business,' "supplier," "vendor," or other party submitting a proposal to City of Tybee island in such capacity before a contract has been entered into between such party and City of Tybee Island. 1.8 Responsible/ Responsive proposer: Responsible proposer means a person or entity that Inas the capability in all respects to perforin fully and reliably the contact requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms In all material respects to the requirements set forth in the RFP. 1.9 Compliance with Laws: The proposer and/or contractor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation Insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of ‘Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island shall be supplementary to this section and not in substitution thereof, 1.10 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 1,11 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is uniindted in scope regarding any residential or commercial projects). 1.12 Immigration: On 1 July 2007, the Georgia Security and Inunigration Compliance Act (SB 529, Section 2) became effective, M1 contractors and subcontractors with 100 or more employees entering into n contract or performing work must sign an affidavit that he/she has used the E -Verify System. J3 -Verify is a no -cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E Vert& Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at litlp w.dolstale.um.us/snotliglaripioyhnent/nhles. You may go to http://www.uscis.goy to fund the E•Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: 0,0,G.A, 50-36-1, required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SANE is afederal program used to verily that applicants for certain "publio benefits" are legally present in the United States, Contracts with the City are considered "public benefits." Therefore, the successful proposer will be required 5 to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City ooniract. The affidavit is included as part of this RPP package but is only required of the successful proposer. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (l.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform suolr services or employment. 2 GENERAL CONDITIONS 2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the proposer but shall put the proposer on notiee to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or worlunnnship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M, regulations or similar expressions, the requirements of these laws, ordinances, etc., shalt be construed to be the minimum requirements of these specifications. 2.2 Multiple UN: No vendor will be allowed to submit more than one (1) PPP, Any alternate proposals must be brought to the Purchasing Agent's attention during the Pre - RFP Conference or submitted in writing at least five (5) days preceding the RFP opening date. 2.3 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.4 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in his proposal will be firm for acceptance for a period of sixty (601 days from RPP opening date, unless otherwise stated in the RFP. 2,5 Completeness: All information required by the RPP must be completed and submitted to constitute a proper proposal, 2.6 Quality: All materials, or supplies used for the construction necessary to comply withthis proposal shall be of the best quality, and of the highest standard of workmanship. Workmanship employed ht any construction, repair, or installation required by this proposal shall be of The highest quality and meet recognized standards within The respective trades, crafts and of the skills employed. 2.7 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer shall tuteonditionally guarantee the materials and workmanship for one (1) year 6 on all material and/or services. If, within the guarantee period, any defects ocour which are due to faulty material and or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/ar services to the complete satisfaction of the City of Tybee island. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City of Tybee Island as being least detrimental to fire operation of the City. 2.8 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island propetty to take measurements or gather other information In order to prepare the RFP as requested by the City, the proposer shall be liable for any injury, damage or loss occasioned by negligence of the proposer, his agent, er any person the proposer has designated to prepare the proposal and shall indemnify and hold harmless City of Tybee Island from any liability arising there from. The corttraot document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island. 2.9 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contactor upon non- performance or violation of contact terms. An award may be made to the next higher ranked Proposer, 'ibr articles and/or services specified or they may be pnrohased on the open market. The defaulting Contractor (or his surety) shall be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract, prices, See the contract docttrnents for complete requirements. 2.10 Certification of Independent Price Determination; By submission of this proposal, the Proposer certifies, and in the ease of a John proposal each party thereto certifies as to its own organization, that in connection with this procurement: a, The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; b. Unless otherwise required by law, Mevices whiohluave been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any outer proposer or to any competitor; and c, No attempt has been made or will be made by the proposer to induce any otherperson orfinnto submit or not to submit a proposal for the purpose ofrestricting competition, 2.11 Award of Contract: The contract, if awarded, will be awarded to the proposals with the two highest scores whose base proposal meets the requirements and criteria set forth in the RFP. The City shall award the proposal with the highest score the contact as lite primary vendor, The City shall award the proposal with the second highest score the contract as secondary stand by vendor. The City of Tybee Mayor and Council must approve the award. The award will take into account price among other factors as specified in this RFP, 2.12 Procurement Protests: Objections and protests to any portion ofthe proeurement process or actions of the City of Tybee Island staff may be filed with the Purchasing Agent for 7 review and resolution. The Code of the City ofTybeo Island will control the protest. 2.13 Qualification of Business (Responsible Proposer): Aresponsible Proposer is defined as one who tweets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required by the Soope of Work, specifications and plans. These documents will be listed in tbe Special Conditions further on in this solicitation. City of Tybee Island has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. City of Tybee Island has the right to disqualify the proposal of any proposer as tieing unresponsive or un -responsible whenever such Proposer cannot document the ability to deliver the requested product or servioe. 2.14 Complinnee with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Vendor's RFP, Addendum, and/or any other pertinent documents form a part of the Proposer's proposal and by reference are made a part hereof. 2.15 Signed RFP Considered Offer: The signed Proposal. shall be considered an error on the part of the Proposer, which offer shall be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agont or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, City of Tybee Wand may take auoh action as it, deems appropriate, including legal action for damages or lack of required performance. 2..18 Notice to Proceed: The successful proposer shalt not commence work under this RFP until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as speoified in the Special Conditions. If the successful Proposer does oormnence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.17 Payment toContractors: Instructions for invoicing the City ofTybee Island for products delivered to the City of Tybee Island are specified in the contmet document. a. Questions regarding payment may be directed to the Accounting Department at 912- 472-5024 or City of Tybee Island's Project Manager as specified in the contract documents, b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the praduets or completion of the work as more fully desoribed in the contract document. c. Upon completion of the work or delivery of the products, the Contractor will provide the City of Tybee Island with art affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work porfotmed for the City of Tybee Island have been paid in full. d, City of Tybee Island is a tax exempt entity, Every contractor, vendor, business or person under contract with City of Tybee Island is requited by Georgia law to pay 8 State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 fbr additional information.. 2.18 Owner's Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the tight, and sole and complete discretion to reject all RFPs and any RR shut is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. Injudging whether the Proposer is responsible, the Owner will consider, but is notlimited to consideration of, the following: a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether -the Proposer orprincipals have been terminated for causeor are currently in default on a public works contract; o. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Proposer's past work provides evidence of an ability to, successfully complete public works projects within the established time, quality, or cost, or to comply with the Proposer's contract obligations. 2.19 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected oflieials regarding this product or service solicitation, Request for Proposal (RFP) or contractby any member of a proposers staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mess media aboutthe current service delivery is strictly prohibited, Such actions may cause your proposal to be rejected. 2.20 GEORGIA OPEN RECORDS ACT - The responses will become part of the City of Tybee Island's official files without any obligation on the City of Tybee Island's part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, shall belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of apublic office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq„ unless otherwise provided by law, It is the responsibility of the Proposer to notify the City of any documents turned over whichmay contain trade secrets or other confidential niaftets. A Proposer submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C,G.A. § 50.19-72(34) shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records 9 constitute trade secrets pursuant to Miele 27 of Chapter 1 of 'fide 10 of the Official Code of Georgia, Proposals will not be opened in publio, and the infbrmatiort is exempt from disclosure, including the Open Records Act until suoh time as the RFP has been awarded, or all proposals have been rejected. City of Tybee Island shall not be held accountable if material from responses is obtained without the written consent of the proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.21 CEORCIA TRADE SECRET ACT of 1990 - Itt the event a Proposer submits trade secret information to the City of Tybee Island; the Information.mustt be clearly labeled as a Trade Secret, The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law, 2.22 CONTRACTOR RECORDS The Georgia Open Records Act Is applicable to the records of all contractors and subconhsctors under contact with the City of Tybee island. 'Chis applies to those specific contracts currently hi effect and those which have been completed or closed for up three (3) years following completion. 2.23 Clean Air Act and Water Pollution Control Act; All proposals that exceed $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 lige. 7401-76714) and the Federal Water Pollution Control Act as amended (33 (J.S.C. 1251-1387). The City must report all violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 3 SCORING MATRIX SELECTION CRITERIA The following weighted criteria will be utilized to select the award of this contract: o Price -20 pts o Pumps specifications and features -20 pis o Fuel capacity and engine operating tune —20 pis e Priming system —10 pts o Equipment delivery and installation timeframe upon issuance of notice to proceed - 10 pts o Equipment's ability to interface with the City's existing sewer lift station— 20 pts 10 INSTRUCTIONS TO PROPOSERS— SIGNATURE SHEET t;llY OF TYREE ISLAND CFIArHAM COUNTY, GEORGIA The Proposer certifies that be/she has examined all documents contained in this RFP package, and is familiar with all aspects ofthe proposal and understands fully all that is required oftticsuccessful. Proposer, The Proposer further certifies that his/herRFP shall not be withdrawn for sixty (60) days from the date on which his proposal is submitted to the City. The Proposer agrees, if awarded this RPP, he/she will; A. Furnish, upon. receipt of an atithorized City of Tybee Island Purchase Order, items items indicated thereon as specified in this proposal for the RPP atnoutat; or, 13, Rotor 4: contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or speoliled in this pioposal for the proposal amount. Thompson Purim and Manufacturing May 30, 2018 COMPANY DATE ( �' 1 c12 Municipal Sales Ren siPhFtG y TITLE 843-408-6608 TELE1'}IONB NUMBER 11 1vllNORYCirIL,RIVIAI E BUSINESS DLVLLOFMENT PROGRAM: City ofTybee Island City Coma established goals °dented to bra= panidpafion of minority and femalo owned businesses, ihronghMBE/WBE bertificationarrd development. In order to accua Lely document pArfidpatian, businesses submitting proposals or quotes am ecouragedto report ownership stales. A minority or female owned business is defined as a business that is at least 51% owned and managed byminodtyorwomen. Aresponder that isedified byanyagency oftheFedeat Government orState of Georgianmy submit a copy oftheircatificaton with their proposed asproofoitqualifications. Fiaposerthatiniondsto engage injointventurasorutiltizesubcensullai1smustsubmitarepotofMiuority/Women Business EntepiiscpatftoipationtoMelissa Ream; RO.Box2749,end City of1'ybeeWand,GA31328 Please check ownershlp status as applicable: Ai iesnt Antericau1Black Asian.Amerscrn hispanic NativeAmeticmr Atnskaala Tian Female 12 ATTACHMENT A O.C.G.A. § S036 -1(e)(2) SAVE Affidavit By executing this affidavit under oath, as an applicant for a(n) %.K,p /fa-gied contract for a. public benefit as referenced in O.C.G.A, § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: Tama United States citizen, 2) 1 am a legal permanent resident of the United Slates. 3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of klomeland Security or other federal irmnigratioo agency. My alien number issued -by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or site is 1S years of age or older and has provided at least one secure and verifiable document, us required by O.C.G.A. § 50-36-1(e)(I), with this affidavit, The secure and verifiable document provided with this affidavit can best be classified as: In malting the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute, Executed in Cheyne (1461-1 (city), . C (state), Signatur *f+ pplicantnt�� ;fa P ti ' ✓ - ✓•n vi f Printed Name of Applicant .. fiU>q�(,i�lf3�b AND SWORN BEFORE ME ON TI'ITS 90DA''f OF Maki , 20 14:1.() —4parnek- T.tcnc.r-he-it aw 43rg1Sy u�,ssfog vires: 0'? —^ 2'2 1 13 A.TTACBMY1hNT 13 Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) By executing this affidavit, the undersigned proposer/contractor verifies its compliance with. O.C.G.A. § 13.10-91, as it may be engaged in the physical performance of services under a contract with the City of Tybee Island, Georgia, lt has registered with, is authorized to use and uses the federal work authorization program commonly known as 13 -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C,td.A. § 13-10-9 L Furthermore, in the event proposer contracts with the City atter receiving the award, the contractor will continuo td use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services insatisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O,C.C3.A. § 13-10-91(b). Additionally, the undersigned contractor will forward notice of the receipt of an affidavit from a subcontractor to the City of Tybee Island within five business days of receipt. 0 the undersigned contractor receives notice of receipt of au affidavit from any sub -subcontractor that has contracted with a subcontractor to forwaitt, within five business days of receipt, a copy of such notice to the City of Tybee Island. Contractor. hereby attests that its federal work authorization user identification number and date of authorization are as follows; Date of Authorization ,t TydA0 2`5 toV%j( Name of Public Employer I hereby declare tinder penalty of perjury that the foregoing is true and correct. 201 in Gia N(city),, 5( (state). 81. > > rcdStA lhorizeci Officer or Agent p Jo`ns.�wiltse //�'l ,,(t1.ay ,,t4e/4/ Printed Nance and Title of Authorized Officer or Agent SL'UBSCRiBED AND SWORN BEFORE Mil ON,Tftt$ TfE IIDAY o MO-j_,20t j. r. _ ..^"{'.LSA.h�A.�T. brs,C.Ctets�.t•-----, 71 a 0nitiliis5Io>} Ex ices; ��SS 14 ATTACHMENT C Porn Inez combo coo m Mood W-9 Rona et munimms mwaw Cane. RegtrBst for Taxpayer WWI frm 1* mo t identification Number and OertificatIon osend to u. Do n ,.i N o`N<wnolclb aaz !- n) parnalna capon-0'Row p J 7 40/m..or of / &rohm ntlteif OlRpnl fMntow }; L�r� r y. aol. p,o'r coon epMaadno cow � coin Wvwbbr �arnaolipthlUiwllln@ ecoopt from bac*, 0 parbeclip 0 OMR F AW�ar mmewr, P 24. to. one 2.1P toot a,a npl. or alwnoJ C:,y Ce✓LI�f,Ar' nano amdaddwtn lap11000)) nods Ikt ahco :aatl .tm2.Klld ha*an onag iftathl` Tax a CT Identntcatiob umbar (TIN) rntar am71N In *o nppropWinto boh.The TIN provldod muss match Do nano ggivon an line 1 to ovoid hookup withholding. Fax mamas Ws, this is your codal sectully (runbar PR), Hewnwer for a re;Wobl alien, ale plap:tutor. Or disregarded entity, see the Pool I htshudtoos on pogo a. Forodwl entitle% h Is your mplaya Wenuueallon numbet (RIN)Jf you JD not have it numbor, soo Naw to got n TYNon pogo a. Noto.t1 the account is hr MOM then one none, see the orad onpnge 4 fox guldaPnes on whosenuaWer 10 Wder, [Sorb! encwily Bomber Mille Certification Under ;,endues of periuly. I Certify Wm: 1. The numberohowa on** form to my tortoni taxpayer Idomllromioh number (or I amwelling for anumba: le bo Woad Ia me), and 2. 1 tun not sublet to backup Withholding beoavoot (41 ern amino' from hookup xnlitholding, or(b) I havo not boon notified by the Internet Remus So Mao ORS) that I nm u*)eol to backup hIooIdI g AO a soul! ole falba:a to mpar( all bnAfaal ordIddondo, or (o) Ila IRS hon nolIllod me Ilial 1 Orn no longer subpar to backup withholding, and 3. I am a U.S. poison Qnoludteg a U.S. resident ellen), Canilloelion)nehuorrons. You muni croon out Item 2 above it you havo boon notified by )lin IRS Rml you aro cannily subject to backup withholding bestwsoyou have Idiod la roped all k'Ioroot and dividanllo rot your Inc totem Fax root estate transactiwro, horn 2 doss not apply. Por mono go Interpol gold, n WsWon or abandonment of second property, aoneabolIen of debt. oontnbuoono le on Individual milmment ausoginn.nl (IRA), and general paymwtw olhor ikon Internet and °Wend%, you ma not remind to aeon do CnrtlIoallon, but you must provide yore uonern TIN. (Sea dm instructions on per,) -7 i l 4 1 4 1 1 yr -Inlayer IiinntIllontiWt numittvr 11!121re16131,x- _ Hire elan,lmtero nl �/1 ,y+"' 30 i.$ Here us, nooh n _.. "^� Omb Date What products/services do you provide to the City of Tybee Island? An si fJ ,egil A f4/45 To whom shall we direct the Purchase Order? Contact: Dennis Heater Email: DHeater(TThomdsonnump.com Phone* 912-767-8507 Fax* 912-330-0280 Location: 125 Westside Blvd, Peeler, GA 31322 To whom shall we direct Payment? A/R Contact: Donna Atkins Email• DAtklns(fThomnsonpumn.com Phone* 912.767-8507 Fax* 912-330.0280 Remittance Address; 125 Westside Blvd, Peeler, GA 31322 Our terms are Net 30. PRICE FOR 4" PUMP: PRICE FOR 6" PUMP: ATTACHMENT D PROPOSAL SHEET DIESEL BYPASS PUMPS REP # 2018-711 TOTAL $ 620.00 x(9) $ 5,580,00 $ 800.00 x(3) $ 2,400,00 PRICE FOR 6" PUMP: $ 800.00 COST OF DELIVERY: $ 1,500.00 (Delivery for all 13 pumps) TOTAL PROPOSAL AMOUNT: $ 10,280.00 (All pump rotes are l'or a ono (1) week rental.) FIRM Thompson Pump and IVlanufactnrint SIGNATURE TITLE Municipal Sales lien DAT); May 30, 2018 15 16 ATTACHMENT E CHECKLIST FOR SUBMITTING RTP Sign below and submit this sheet with RFP NOTE; All of the following items ntust be submitted with your RFP to be considered "responsive". Remember to Follow the Instructions in ihe.RPP Documents. 1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET 2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums Issued). 3. RFP SHEETS COMPLETELY FILLED OUT AND SIGNED. 5. COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE RTP (Attachments A-E). Jason Purvis / Municipal Sales Rep NAM -MILE Thompson. Pump and Manut'acturina' COMPANY NAME l25 Westside Elvd. STREET ADDRESS Papier. GA 31322 CITY/STATE/ZIP 843-408-6608 PRONENUMBER Ju urvisGP,Thomnsonpumn.com EMAIL EXHIBIT B Thompson Pump & Manufacturing Proposal For RFP# 2018-711 1 1 5 ATTACHMENT D PROPOSAL SKEET DIESEL BYPASS II h1PS RA'P 4 201 8-71 1 PRICE FOR 4" PUMP: PRICE PORE" PUMP: PRIM!-: POR 6"PUMP: COST OF DELIVERY: TOTAL PROPOSAL AMOUNT: S 620.00 $ U00,00 (All Pump rates arc for a ono C1) nook rental) FIRM Thompson Puma ad Manufaotaring SIGNATURE ("";77-- r `,, ('1 or TITLE Municipal Sates Re» DATE Mav 30, 2018 7-r; fRec- TOTAL 49) $ 5,580.00 43) $ 2,400.00 $ 800,00 $ 1,500.00 (DVIt4ury ltr n1113 pumps) S 10,2.80.00 15 " G + F . , I r n m l r n o f i l n D I A P H R A G M D R Y P R I M E P U M P S 0 0 0 A C N A M 3 E F A t W N A L V V E S I N a M A I I I O E N A N C E O a Y O E R I R N I N O L O T h o m p s o n d i a p h r a g m p u m p s a r e c a p a b t e o t q u i c k , t h y s e l f - p r u n i n g d o w n t o 2 0 f e e t i n a f e w s e c o n d s . T h e y c a n r u n d r y i n d e f i n i t e l y a n d n o r o t a t i n g p a r t c o m e s I n c o n t a c t w i t h t h e l i q u i d . T h e r e a r e n o p r o b l e m s w i t h m e c h a n i c a l s e a l s o r p a c k i n g s i n c e t h e y a r e n o t r e q u i r e d i n a d i a p h r a g m p u m p , T h o m p s o n d i a p h r a g m p u m p s a r e d e s i g n e d t o b e h i g h l y r e s i s t a n t t o a b r a s i o n a n d , t h e r e f o r e , c a n h a n d l e l i q u i d s c o n t a i n i n g a l a r g e p e r c e n t a g e o f s a n d o r o t h e r a b r a s i v e s . T h e s e p u m p s c a n h a n d l e l a r g e s o l i d s a n d s t r i n g y , f i b r o u s m a t e r i a l s . T h e p a r t s s u b j e c t t o w e a r a n d a g i n g , s u c h a s d i a p h r a g m s a n d c h e c k v e t v e s . a r e e a s i l y r e p l a c e d . T h o m p s o n p u m p o f f e r s a u n i q u e f e a t u r e o n t h e i r d o u b l e d i a p h r a g m p u m p s - t h e e x t e n d e d o p e r a t i n g v e r s i o n ( E 0 1 / ) . i n s t e a d o f t h e n n r m a t e i g h t h o u r s o f o p e r a t i o n , y o u g e t u p t o 1 0 0 h o u r s o f c o n t i n u o u s o p e r a t i o n w i t h o u t t h e n e c e s s i t y o t a d d i n g f u e l o r c h a n g i n g o i l . T h o m p s o n d i a p h r a g m p u m p s a r e a v a i l a b l e w i t h g a s b U n e o r d i e s e l e n g i n e s a n d w i t h e l e c t r i c m o t o r s . T h e y c a n b e m o u n t e d o n s k i d s , r o l l c a g e s o r a v a r i e t y o f t r o t t e r s . A P P L I C A T I O N S : O p e n p i t d e w a t e r i n g , l o w v a l u a t e s e w e r b y p a s s , c l e a n i n g m a n h o l e s , s h i r t y t r a n s f e r , m u d d y w a t e r , w e l l p o t n t d e w a t e r k q p E S i F O R M A N C � C l l n V E S 0 F a m i l y C u r v e 0 e 1 6 a 0 a s 1 0 m t h e G a w k y 9 2 0 " S I N O L E Q 3 D - S I N G L E 4 0 . 0 0 U O L 0 W C M O D E I , " . . 1 , ' : ' ' + ; 0 > , . I ' 2 0 S I Z E g 1 7 : ) . . ' M A X . C A p ) ( E I T T ' ( G P M ) ' . . 0 0 9 0 1 0 0 i r e i F A U t F l : ) . - , 4 0 5 0 5 0 M A f G S D L i 1 ) S t 1 N ) 2 . 0 0 2 3 7 1 3 2 , 3 7 5 t H O M P S O N P U M P T a p � d e e c e l e e o v a l f o e " P r y - p r i m i n g " S e l f - p r i m i n g , p o s i t i v e d i s p l a c e m e n t " R a p i d p r i m i n g t o 2 0 - l o o t s u c t i o n l i p s " A b l e t o r u n d r y I n d e f i n i t e l y " S e 1 4 1 u b r l c a t e d b e a r i n g a l l o w s c o n t i n u o u s o p e r a t i o n w h h o u t . e r v l c o f o r 5 , 0 0 0 h o u r s L a r g e p a s s a g e o f s o l i d s " l i g h t w e i g h t r u g g e d c o n s t r u c t i o n " H i g h r e s i s t a n c e t o a b r a s i v e s a n d c o r r o s i v e l i q u i d s " W e a r p a r t s a r e e a s n y r e p l a c e d " N o , s e a l o r * M i n d p a r t s a r e I n c o n t a c t w i t h p u m p l l g b l d s " E c o n o m i c a l t o o p e r a t e " R u n s f o r 1 0 0 h o u r s N A T I O N W I D E 8 0 0 4 6 7 4 3 1 0 " I N T E R N A T I O N A L . 0 0 0 8 6 - 7 6 7 - 2 3 1 0 7 G 7 . 7 3 f 0 " s a l e s @ t h o m p s o n p u m p , c n m " t h o m p s o n p u m p . c o m 1 3 DIAPHRAGM DRY PRIME PUMP FEATURES NON -CLOGGING VALVES Oversized checkvalves are *Signed to present etob9Mg• INDEFINITE DRY RUNNING Automatic dry priming pump can rundly IndoMitelyvAlhourherm. ANTI -SHOOK CHAMBER Ab cushion chamber reduces pulsation In suellon lint ti CONVENIENT MAINTENANCE Pans subjectto wear *redesigned for quick and easy replacement when needed. WORKING PRINCIPLE As an option, Thompson Diaphragm Pumps fit a spring connecting rod which comes Into operation If Irregularly shaped soUds blotk the diaphragn) downstroke. It also operates when the pump Is used on flooded suction, and sand or powders tend to settle and harden while die Is stopped. When the pumppump restarts, the spring operates for a fewStfORes until he powders rem)xod with tha !quid, It Is preferable to operate the pump on suction lilt, DIAPHRAGM DRY PRIME PUMP OPTIONS 0 DURABLE MATERIALS If Some models avertable with stainless steel and l RUGGED PORT CONSTRUCTION Sun on/dhcharya partstaintess waarplates valhVitobneoprena Rapper valve. $ faJialisns andnlveVa&ans are subject to eeeleleBW5bQM nalka andwirheetlncwrdoe any ennealbn tar peeve/user { uyaeeuantonuldmont sold. Tompson Pump (ISO votmuao) tends nompNseerotaen mended the Wmpleurnessor ecstasy oriels felmmatreneed h net llaldfler anyd&9Laorrndlrecldiamgec arising framer related to Ws Information or Its m Onoiety dead are mown let comparative purperes. tensultehrueptenRcteryrer ewer topeenmes. - TW JMP5UN PUMP Experiencefnaovad&n NATIONWIDE 800-767-7310 a INTERNATIONAL 001386-767.7310 salesethompsonpump.com thompsonpump.com 14