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HomeMy Public PortalAboutDelta Metals - DPW Roof Replacement 8-1-19.pdfAGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE DPW ROOF REPLACEMENT PROJECT THIS AGREEMENT, made this 1st day of August _ _, 2019, by and between the City of Tybee Island, GA, hereinafter called the "Owner", and Delta Metals, Inc., hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City of Tybee Island, GA, has heretofore solicited proposals for all material, work and improvements and for the doing of all things included within the hereinafter specified DPW Roof Replacement Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor's proposal was deemed the best value for the City as determined by Mayor and City Council for the hereinafter specified DPW Roof Replacement Project (hereinafter "Project"). NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings, and agreements, the parties hereto do hereby agree as follows: ARTICLE I - WORD TO BE DONE BY CONTRACTOR Contractor agrees, at his own cost and expense, to do all the work and furnish all the labor, materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Project, all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at his own cost and expense, all other things required of the Contractor by said Contract Documents for said work. ARTICLE II - CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions, or, if not attached, as if hereto attached: • Request for Proposal RFP No. 2019-733 • Instructions to Proposers • Specifications and Requirements • Contractor's Proposal • General Conditions of the Contract • Agreement • Technical Requirements • All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents • Any and ail other documents or papers included or referred to in any of the foregoing documents including all Permits • Any and all Addenda to the foregoing, all of which are on file with the Owner or at the office of the project engineer. ARTICLE III - CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as SECTION B-2 2 AGREEMENT full compensation for furnishing all materials and equipment and for doing all work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work, in the manner and according to and in compliance with the Contract Documents as directed by the City or its Engineer in accordance with these documents, and for any and all other things required by the Contract Documents: See attachments hereto which are incorporated herein. ARTICLE IV- SPECIAL CONDITIONS Owner agrees that Contractor will perform replacement of DPW roof as set forth in the RFP 1019-733 specifications. ARTICLE V- STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project within _30 calendar days after the Permitted start date of , 2019, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within QQ Calendar days. ARTICLE VI- PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE VII -INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not be deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents, and in such event, all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that, in such event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken provision. ARTICLE VIII- CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the laws of the State of Georgia without regard to conflicts of laws principles. Further, any dispute arising out of or concerning the Contract Documents, or any action or inaction performed thereunder, shall be adjudicated in either (a) the United States Court for the Southern District of Georgia, Savannah Division; or (b) the State or Superior Courts of Chatham County, Georgia, and the parties waive any defenses of personal and/or subject matter jurisdiction to the aforesaid venues. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed SECTION B 3 AGREEMENT in four original counterparts the day and year first above written. (SEAL) Delta Metals, Inc. (Contractor) i By. - - --- ---- It's ----G --------------------------- Attest: + Title15e C tel ca City of Tybee Island, GA (Owner) Its _ n? r yoL=-------- Attest^ Title L Approved this day of L,t �-c—�� , , 20 eA IMPORTANT NOTE: If the Contractor is a corporation, the legal nam of the cporation shall be set forth above together with a signature of the officer or officers authorized to sign Contracts on behalf of the corporation: if Contract is a co -partnership, the true name of the firm shall be set forth above together with the signatures of all the partners; and if Contractor is an individual, his signatures shall be placed above. If signature is by an agent other than an officer of a corporation or a member of a partnership, a power-of-attorney must be attached hereto. Signature of Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment. SEC"TIOA B-' 4 AGREEMENT CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION 1. 3 ej� H. R,4&P4 rc/-%t certify that I am the G f d of the Corporation named as Contractor hereinabove; that by Resolution of the Board of Directors at an A, -&c a 6 meeting held on N d ✓ (AVII rSrQ 1 R a Resolution was passed giving authorityo sign the foregoing Contract on behalf of the Contractor; that said officer was then said corporation by authority of its governing body and is within the scope of its orporated po«ers. and said power has not since been revoked. Date 01 / I Cl ------------------ -(Corporate Seal) County State - UC7oY o-i-cL_--- SEC TIOA B-_' 5 AGREE WE \ T REQUEST FOR PROPOSAL RFP NO. 2019-733 METAL ROOF REPLACEMENT RFP DUE: FRIDAY, MAY 31, 2019 BY 11:00am CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM SHIRLEY SESSIONS WANDA DOYLE JOHN BRANIGIN DOCUMENT CHECK LIST JULIE LIVINGSTON MONTY PARKS The following documents are contained in and made a part of this RFP Package or are 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 SPECIAL CONDITIONS SURETY REQUIREMENTS ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F. PROPOSAL SHEET; G. CHECKLIST GENERAL INFORMATION FOR RFP This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as "Owner") with services as indicated herein. Sealed proposals must be received by 11:00am local time, on Friday, May 31, 2019. The City of Tybee Island reserves the right to reject any or all RFPs. SERVICES TO BE PROVIDED The City of Tybee Island is soliciting bids for a replacement roof for a 501x76' building. SPECIFICATIONS AND REQUIREMENTS " 3900 square foot roof " 24 gauge panels " Twelve skylights  12ft each " 6" insulation under roof panels " New trim (Gutters are already in place) The City is seeking a proposal package for service/materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this RFP. All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the offerors shall become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposaldoes not affect this right. Courier or hand deliver response package to: RFPNUMBER 2019-733 REPLACEMENT ROOF MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 SUTLER AVE TYBEE ISLAND, GA. 31328 Inquiries or other need for clarification in this document should be submitted no latex than May 28, 2019. All questions in writing to: Melissa Freeman mfreeman@cityoftybee.org METHOD OF AWARD: The contract, if awarded, will go to the proposal deemed best for the city as determined by Mayor and City Council. The award will take into account price among other factors as specified in this RFP. The City reserves the right to award a contract to one or multiple vendors. Signature of offeror indicates understanding and compliance with attached terms and conditions and all other specifications made a part of this RFP and any subsequent award or contract. All terms, conditions and representations made in this request will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the offeror, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. Instructions for preparation and submission of a RFP are contained in this RFP package. Please note that specific forms for submission of a RFP are required. RFPs must be typed or printed in ink. Any changes to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the Purchasing Agent will issue a written addendum to document each approved change. Generally, when addenda are required, the RFP opening date will be changed. City of Tybee 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 goods 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, age, sex, national origin or handicap. 1. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a RFP 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,- 2015 eor is 2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. 1.1 How to Prepare RFPs: All RFPs shall be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Typewritten or completed with pen and ink, signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the RFP. ALL SIGNATURE SPACES MUST BE SIGNED. Proposers are encouraged to review carefully all provisions and attachments of this document prior to submission. Each RFP constitutes an offer and may not be withdrawn except as provided herein. 1.2 How to Submit RFPs: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, date and time of RFP opening, and company name to the office of the above address prior to the time specified. Include this entire RFP, and all required attachments, which can be found at the end of this document. No vendor will be allowed to submit more than one (1) proposal. • Include all requested documents, in addition to a W-9, certificate of insurance, and current business license. • Include at least three (3) references documenting your experience. Include name of project, construction cost, location, and current reference contact information including name, phone number, and email address. In addition to the information above, a written and/or photographic description of how these projects relate to this RFP. • All Proposals should be hand delivered or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED OR CONSIDERED. 1.3 How to Submit an Objection: Objections from Proposers to this RFP 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 -RFP conference. b. The objections contemplated may pertain to form and/or substance of the RFP documents. Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this RFP. 1.4 Errors in RFPs: Proposers or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposal(s). Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the RFP or proposal, the unit price will govern. 1.5 Standards for Acceptance of RFP for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the Proposal of a Proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. 1.6 Proposer: Whenever the term "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. 1.7 Responsible 1 Responsive proposer: Responsible proposer means a person or entity that has the capability in all respects to perform fully and reliably the contract 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. 1.8 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. 1.9 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The ContractorNendor 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. 1.10 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 unlimited in scope regarding any residential or commercial projects). 1.11 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E -Verify System. E -Verify is a no -cost federal em to ment verifications stem to insure eglployment ell ibili . No proposals will be considered unless a signed E -Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.jza.us/spotliizht/employMent/ruies. You may go to htt:,,www.uscis. ov to find the E -Verify information. Systematic Alien. Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain "public benefits" are legally present in the United States. Contracts with the City are considered "public benefits." Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package. 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 (i.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 such 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 notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship 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., shall be construed to be the minimum requirements of these specifications. 2.2 Multiple Proposals: No vendor will be allowed to submit more than one (1) proposal. 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 six 60 days from RFP opening date, unless otherwise stated in the RFP. 2.5 Completeness: All information required by the RFP must be completed and submitted to constitute a proper proposal. 2.6 Quality: All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality, and of the highest standard of workmanship. Workmanship employed in 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 unconditionally guarantee the materials and workmanship for one (1) year on all material and/or services. If, within the guarantee period, any defects occur 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/or 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 the operation of the City. 2.8 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property 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, or 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 contract 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 Contractor upon non- performance or violation of contract terms. An award may be made to the next higher ranked Proposer, for articles and/or services specified or they may be purchased 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 documents for complete requirements. 2.10 Certification of Independent Price Determination: By submission of this proposal. the Proposer certifies, and in the case of a joint proposal each parry 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, the prices which have 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 other proposer or to any competitor; and C. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2.11 Award of Contract: The contract, if awarded, will be awarded to the proposal with the highest score whose base proposal meets the requirements and criteria set forth in the RFP. 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 of the procurement process or actions of the City of Tybee Island staff may be filed with the Purchasing Agent for review and resolution. The Code of the City of Tybee Island will control the protest. 2.13 Qualification of Business (Responsible Proposer): A responsible Proposer is defined as one who meets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required by the Scope of Work, specifications and plans. These documents will be listed in the Special Conditions fin-ther 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 being unresponsive or un -responsible whenever such Proposer cannot document the ability to deliver the requested product or service. 2.14 Insurance Provisions, General: The selected proposer to whom the contract is awarded shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the proposal. a. General Information that shall appear on a Certificate of Insurance: i. Name of the Producer (proposer's insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this should be the Company or Parent of the firm the City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). V. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (This is to always include the City of Tybee Island). City of Tybee Island as an Additional Insured: The City of Tybee Island should also be named as an Additional Insured. b. Minimum Limits of Insurance to be maintained for the duration of the contract: i. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $2,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer's Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer's Liability coverage is usually included in Worker's Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker's Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker's Compensation limit. iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor's use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage should be written on an Any Auto basis. c. Special Requirements: i. Extended Reporting Periods: The Contractor shall provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request shall be endorsed to state that it shall not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City of Tybee Island. iv. Proof of Insurance: City of Tybee Island shall be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract. V. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best's rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best's rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by the City of Tybee Island Mayor and Council. vii. Deductibles and Self -Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.15 Compliance 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. 2.16 Signed RFP Considered Offer: The signed Proposal shall be considered an offer on the part of the Proposer, which offer shall be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, City of Tybee Island may take such action as it deems appropriate, including legal action for damages or lack of required performance. 2.17 Notice to Proceed: The successful proposer shall 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 specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.18 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City of Tybee Island are specified in the contract 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 products or completion of the work as more fully described 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 an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed 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 required by Georgia law to pay 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 for additional information. 2.19 Owner's Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner fizrther reserves the right, and sole and complete discretion to reject all RFPs and any RFP that 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. In judging whether the Proposer is responsible, the Owner will consider, but is not limited 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 or principals have been terminated for cause or are currently in default on a public works contract; C. 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. 2.20 Debarred or Suspended Subcontractors: Contractor shall not subcontract, and shall ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor shall immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.21 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer's 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 mass media about the current service delivery is strictly prohibited. Such actions may cause your proposal to be rejected. 2.22 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 a public 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 which may contain trade secrets or other confidential matters. 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 constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. Proposals will not be opened in public, and the information is exempt from disclosure, including the Open Records Act, until 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. 2.23 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret information to the City of Tybee Island, the information must 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. 2.24 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 3 ADDITIONAL CONDITIONS 3.1 Method of Compensation: The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the CITY OF TYBEE ISLAND. The CITY OF TYBEE ISLAND shall make payments to the CONTRACTOR within thirty (30) days from the date of receipt of the CONTRACTORS acceptable statement on forms prepared by the CONTRACTOR and approved by the CITY OF TYBEE ISLAND. Should the Project begin within any one month, the first invoice shall cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices shall be submitted each month until the Project is completed. Invoices shall be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice shall be accompanied by a summary progress report which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island shall retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained may be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed. When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained may be further reduced at the discretion of the City of Tybee Island. The CONTRACTOR may submit a final invoice to the City of Tybee Island for the remaining retainage upon CITY OF TYBEE ISLAND'S acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due shall be paid by the CITY OF TYBEE ISLAND to the CONTRACTOR when work has been fully completed and the contract fully performed, except for the responsibilities of the CONTRACTOR which survive final payment. The making of final payment shall constitute a waiver of all claims by City of Tybee Island except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the CITY OF TYBEE ISLAND as unsettled at the time of final application for payment. Acceptance of final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of final application for payment. 3.2 Warranty Requirements: a. Provisions of item 2.7 apply. b. Warranty required. See Contract Documents 3.3 Terms of Contract: a. ONE TIME CONTRACT 3.4 Audits and Inspections: At any time during normal business hours and as often as the City of Tybee Island may deem necessary, the Contractor and his subcontractors shall make available to the City and/or representatives of the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It shall also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited shall be available for inspection at all reasonable times in the main offices of the City of Tybee Island or at the offices of the Contractor as requested by the City of Tybee Island. 4 SCORING MATRIX SELECTION CRITERIA The following weighted criteria will be utilized to select the award of this contract: • Quality of Roofing and Installation Materials — 30 points • Total Cost - 25 points • References - 25 points • Prior experience with similar projects - 20 points City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) "Purchase Order" or "Order" means this purchase order. (b) "Buyer" means The City of Tybee Island. (c) "Seller" or "Vendor" means the party fiurnishing the supplies under this order. (d) "Supplies" means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) "Loss" means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer that shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer's act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. PACKING AND SHIPPING. All items shall be suitable packed and prepared for shipment to insure their safe transportation, to secure the lowest transportation cost, and to comply with the requirements of carriers. Buyer's order number shall appear on all documents and correspondence relating to these items. Packing lists shall accompany the items and shall include the order number, Buyer's part number, Seller model number, description of items shipped and any other information called for in the order. Buyer's count or weight shall be final and conclusive on shipments not accompanied by a packing list. Seller shall be liable for all excess transportation or other charges resulting from Seller's failure to comply with Buyer's packing, shipping, routing and delivery instructions. DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer's delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller's failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer's option be rejected and returned to Seller at Seller's expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller's sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause. shall be Seller's responsibility until goods have been delivered to Buyer's designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer's delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller's expense, or (2) reject and return such supplies or other deliverable items at Seller's expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, with Buyer's written consent. Nothing in this order shall be seen as prohibiting Seller's purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer's sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller's reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased under this order, (4) any intended use of products or materials provided by Seller; (5) any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller's work hereunder involves operations by Seller's agents, subcontractors, suppliers or employees on Buyer's premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller's agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee's liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. The parties intend this order as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans, specifications, and proposal documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding, any other provision hereof, this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the City in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Agent. The protest shall be made to the purchasing office having responsibility for initiating the solicitation. The protest must be submitted in writing within seven calendar days after knowledge of the facts and occurrences giving rise to the protest. The protest shall include the name and address of the protestant, the solicitation number, a statement of the grounds for protest, and specify the ruling requested from the purchasing office. Awards will be held at bay until the protests are resolved. PAYMENT The bidder shall specify terms of payment. INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following minimum coverage: Comprehensive General Liability $2,000,000.00 Automobile Public Liability $2,000,000,00 Workman's Compensation Insurance equal to the statutory requirements. 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.U.B. DESTINATION 403 Butler Ave, Tybee Island, Georgia 31328 unless otherwise stated. TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of violations by the successful bidder of any term or condition of the contract by giving thirty (3 0) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiency. ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET The Proposer certifies that he/she has examined all documents contained in this RFP package. and is familiar with all aspects of the proposal and understands fully all that is required of the successful Proposer. The Proposer further certifies that his/her RFP 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 RFP, he/she will; A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this RFP for the proposal amount; or. B. )anter a 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 specified in this RFP for the proposal amount. and; Delta Metals Inc. COMPANY IVA .e�VW Uf ®R 912-234-8201 TELEPHONE NUMBER 5/30/19 DATE Roofing Sales & Service Manager TITLE N1A MINORITYIFEMALE BUSVWSS DEVELOPMENT PROGRAM: City of T)bcc Island City Council established gams oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and &-velopment. In orderto accurately docunm participatbn, businesses submitting proposals, quotes or proposals are errcorua pd to repot ownership status. A minority or women business is defined as a business that is at least 51 ° o owned and managed by minority or women. A msponderthat is certified by any agnicy ofthe Fcdcxal Govemment or State of Creo g may submit a copy oftheir certification with their proposal asproofof qualificadons. Proposer that intends to end in joint ventures or utilize sub -consultants mustsubmit a report ofMinonq r% omen Busiress Enterprise participation to Melissa Fmenm P.O. Bore 2749, and City ofTybee Island GA 31328. Airier-American\Blaei. Aster American AkLdm Indian Female Hispanic NativeAmerkan In the award of "Competitive RFPs'; minority.Iemale panic 4mtkm may be one of severs[ e%sivation criteria used in the award process, ATTACHM ENT B CONTRACTOR AMDAITIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the 3indamigned cnntmonr verifies its compliance with O.C.G.A. § 13 - 1&91, stating affirmatively that the individual, fine or corporation which is engaged in the physical performance of services on behalf of QTY QF IY_BE IFS SLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 160201 Federal Work Authorization User Identification Number 10/23/08 Date of Authorization Dela Metals Inc. Name of Contractor — Metal Roof Replacemnt — ITS # 2615-732 Name of Project City of Tybee Island Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on MaY . 3().20119- n (city), SavanG'� (State). Signature of Authorized Officer or Agent Tim Taylor, Coo Printed Name and Title of Authorized Officer or ,Agent SUBSCRIBED AN,'B�FOIiE ME Ohl THIS THE 30 DAY OF Icy , 24g. NOTARY Pll;- My Commission xpir�'� ' g 34.1 C 1 c! ty Cf)1f�� ate~ #f+6126ti ATTACHMENT C SUBCONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with City of Tybee Island (name of contractor) on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A_ § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub - subcontractors ,% lio present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub - subcontractor that has contracted with a sub -subcontractor to forward. within five (S) business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 160201 Federal Work Authorization User Identification Number 10/23/08 Metal Roof Replacement -- ITB# 2019-732 Name of Project Date of Authorization City of Tybee Island Delta Metals Inc. Name of Public Employer Name of Subcontractor I hereby declare under penalty of perjury that the foregoing is true and correct. Exec ed on ay 30 , 2019 in Savannah (city), _ GA _(state). Signature of Authorized Officer or Agent Tim Taylor, Coo _ Printed Name and Title of Authorized Officer or Agent `�.1w1tr82"P SUBSCRIBED A�" t1A ,FORE ME ON THIS THE30 DAY OF i y NOTARY PUSW O My Col missiorr�{ �► :�3 �L' ! q May , 201 9 . ATTACHMENT D O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) _ Roofing _ _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: 1) X I am a United States citizen. 2) _ __ I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration 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 she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(l ), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: NIA In malting the above representation under oath, 1 understand that any person who knowingly and willfully makes a false, fictitious. or fraudulent statement or representation in an affidavit shall be guilt) of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in Savannah _ (city), Georgia Signature of Ap scant _ Tim Taylor, Coo Printed Name of Applicant SUBSCRIBED A1N�lP16W0JkN BEFORE ME ON THE 30 DAY OF Id •.;nom NOTARY PL;BLJCC �x�,l, • �' My Commissian,•E2019 May ,20 19 ATTACHMENT E CITY OF TYBEE ISLAND VENDQR APPLICATT110-N What Products/Services will you provide to the City of Tybee island: Materials Equipment & Labor for Metal Roof Replacement {Contact: Kenny L Gibson Email: kenny.gibson@deltametals.net Phone: Fax: 912-234-8201 912-2347046 Location: 218 East Lathrop Ave - Savannah, GA 31415 Accounts Receivable Information: A/R Contact: Scott H. Rasplicka Email: scott.rasplicka@deltametals.net Phone: Fax: 912-667-4337 912-234-7046 Remittance Address: P. O. Box 1706, Savannah, GA 31402 Our terms are net 30 ATTACHMENT F PROPOSALSHEET REPLACEMENT ROOF RFP# 2019-733 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total proposal cost he IoN� . • Remove & dispose of existing metal roof panels, ridge vents, vinyl back insulation, fiberglass skylights & perimeter edge flashings. • Existing gutter & downspouts will not be removed. • Instar new 3" thick white vinyl back insulation. • Install new McElroy 24ga R -Panels mechanically attached to purlins using 2" weather guard fasteners. (Panels & Fasteners Color to be Mill Finish) • Install 12 new Fiberglass Skylight panels. • Install Vented R -Panel Profile closure in place of existing ridge vents. • Install new eave drip, rake metal & ridge cap. Flashing's will be fabricated out of 24ga • Galvalume Mill Finish metal. • 1 -Year Material & Labor Warranty Pricing good through 7131/19 TOTAL PRICE: Twenty Nine Thousand Dollars & 01100. 29,000.00 Delta Metals Inc. (Firm) c p� (Signature) Roofing Sales & Service Manager (Title) ATTACHMENT G CHECKLIST FOR SLTBMIiTTING RFP Sion below and submit this sheet with RFP NOTE: All of the following items must be submitted with your RFP to be considered "responsive". Remember to follow the Instructions in the RFP Documents. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued) RFP SHEETS COMPLETELY FILLED OUT AND SIGNED COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE RFP (Attachments A -G) INCLUDE W-9, CERTIFICATE OF INSURANCE AND CURRENT BUSINESS LICENSE Kenny L Gibson - Roofing Sales & Service Manager NAME TILE Delta Metals Inc. COMPANY NAME 218 East Lathrop Ave ADDRESS Savannah, GA 31415 CITY/STATE/ZIP 912-234-8201 PHONE NUMBER kenny.gibson@dettametals.net EMAIL Sl ATUR ATTACHMENT D Fanr W"9 Request for Taxpayer *WV Identification Naber wild Certification Owwr+mt gl ow Tr aiw form to n. r. oa gotttrttd th• IRS. Delta Metals Inc. -- - — r l chs& MOPMOM . ow ❑ 3 LaprpwaN.a ❑ t atrtraFlw ❑ om. ►❑ +rr r brb� .................. ° I�taaroar, .ir1w, wrt W ar r� rad � pa►ia 11M1 r�riNaa rap�rrar 218 E Lathrop Ave o� .rw. aw a► *ON -- - Savannah, GA 31415 e,ra bdoowr 1%..nWrs n.,. trotwaA Tax?!!yar kwnwimontion Nufftw (ftN) Wer yrur TIN h rrboy. 11a TIN prorrd.d Md nYfth 1r. nWM nn ia�r i to ord o , bad%* -- P -1 - L F�.+.. WMa yaw .oead VOMWW etianbw (OWi dn. W . rw.dww 1 i � 1 4 + I Sam mob pta4rwtor or do-,- weary, aw t w Part 1 kwWuXrorr an pye 3 For .0 w «VA". 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Fa n+atyaaga rrraal prd. v bandorrreara d wand prap.ry cancalaacn d debt. orrMribriarr as � rrintlrr ralirMrnw>t rrrrrr�amrrr ( -and pw =pten= Dow #W WF~ wd �rearda, you we nK nn*ed to Wr IM C vfimo are w ym mwt pr°vde yar carracd TIN. MW fu robuoborr on pop 41 ftn hoWr.sr F T "we W, parfaAr F a.b M What producWservices do you provide to the City of Tybee Island: Sheet Metal, Roofing & Industrial Servx:es J$fie �1 ff 19F1t On next pa a for w-9 To whorn shall we direct the Purse Order? COntart. Kenny � :3ibsur. Email: kenny.gobsonCdelternetals net Phone* 912.429-7279 Location: Fax# 912-234-7046 218 East Lathrop Ave - Savannah, GA 31415 To whom snail we direct Payment? AlRContact: Tem Ferrell Email: tern.ferrelJ deltametals.net phonee# 912-234-8201 Pax# 912-234-7046 Remftrice Address: PO Box 1706. Savannah, GA 31402 Our terms are Net 30. Pace IS of 20 SatRequest for Taxpayer $ta+r.tJatobar201tlj Identification Number and Certification Qarrm.nt of try trsrrry Irtttenai iiave1'Ilssrvrta # Go for bvww.irs.govlForrnW9 for instructions and the latest intormotiwi, on your V OM& tax rflurn�. Name a namwdisregerdw amity nam# it OM rnrs tne. oo nc7 leave frit€ Ing ;iianM.- f Give Form to the rs*natw. Do telt send to the RM 8 C7tecM approprtals box itx rearru sax clraiNcetwn al t3ie ptirsort where faros is alslarad on 1rla t. C1teCk txrlt ons obit xamptiens fosses atwty wty to lafbwrng Sever twxes . Certo erfhMC riot rldfvldllals: ties iri�rtfCtiQr[ . Napa 31. € ❑ trtdraauaysole aropnMor nr � C C4poratfori ❑ s Coi'poretfoes ❑ Path+arattip J Tntslieatata afnple-r M LLC ❑ Lkne rd h9 ty eomp". E.tliar the tare r1rasx tutor: 1G -C oorporsttaa. S rS s:or=aaoN,, P=pamirw �rjl ► Notre C7tact i[te appropnats ttox in >ru ins above [a Crit sax clasurcat on o1 the W411_mernber owner. Do rKA obacit LLC R the LLC a tWW*d as a Wob-mrnber LLC that is disr*Wd&d trwn the owner of *Ws tris O%KW 01 Vu LLC Ii artottlar LLC VM,. not drreparded tram ttte owrw toe U.S. laderal rax WPM". Otherwise. ■ simple-rnomr w LLC go Is durapudsd }Trent lite OWW WXX4d d*Ca the appropriate box for the tax clow 4cation of"orrnr_ Citric' -crit�3trUC1MnQO- j 5 Adores• inurrber st-nol and Ott- or sure no) See ■istnrtritma. i Rsquaatsr+a manta Z18 E. LATHROP AVENUE a L !j store, an7 21P curt SAVANNAH, GA 31415 ' 7 i .st aixounr rwmr sin, here inctnor:f Exempt payee Bode Of argr) 5 Exerttjltlprt trent PATCA repor'tetp oode #I amine N aarw,r,r, •1i7r1in-rxnx,i,Y � u,� Enter your TIN net tris appropriate box. The TIN provioad must wretch the name Soren or, l ne 1 to avoid Social !!!!Chir nuadw backup witnneld,ng For lndMWals, this is genera y your sacral setaufty, mxnber (5SN). However, for a resident alien sc4e orow.etor, or draregardso em2y, see the utstruct ons for Part I, later. For other antitift It ,a your ampioyer herr; Cfit orl number (EIN. It you do riot have a %tuber, see Now to gets nN, later. lir flint•.- If tuts account is .n more than one name, see the nstr. Cot oTLs for I ne ! Also see lArAa1 Navne and I !tit -M idsntlecatlon nlrrtber Member To Giro rhe Requester for guidelines on venose r,umcer to enter F --F-7 l--I`T I --T- 1', 21 71 31 Z Undw oenalttes of PMNry, I cWthty that 1. Tha number shown an #tts form to my correct [axpa',{er �Centihcatron ntmtber (or I am waiting for a rurnbw to be Uuad Id ma),, and 2.1 am not enact ie backup withholding bactluse- {a) I am exempt from bacuup withholding, or (b) I have not Door ^ oliliad by the intarnall Revenue Serv,ce AS; that I am subject to backup wrthholorng as a result of a tarkrre to report all Interest or dtvfdertds, or (c) the IRS has nahtted me that I arxt no longer atrC>t to backup wttttboldstg; and - -am* U.S. Weenow other U.S. parser[ (dat'atad pato-.% avid 4, its FATCA oocwsl enterOu On this form (it" rtdicttkt9 that I am exempt [rpm FATCA reponir9 is erre;?. 0ell, hcatrnn invitruCUorm You must crass out item 2 ao" 0 you have baso noufad by the IRS that y0!1 Bra Cirfertty subject to backup wntlhobng because have faied to repeat As interest use drvtdsnds on your tax regio. For raw estate tran".tors. item x aces 'let apply. For mortgage intarast Pa'Ld, : `q,mitwn or ab"onmerrt of secured property. tr rllatsdr of debt, contriDulforts to an kxAvidualt ratHerrient arrangement PRAT, and Werally, payments other than Interest and div -dentis. you are riot mzw rea to IV trio cwtitl=or, put you must provide yw correct TIN. Sas the lnsiructions for Part 11, later. Sign Eignakre of Fiore LM person ►. � i „�! � t (� --- - � �L1 � 1! Date ► General Instructions - Form t 098-01V (dividerAfs, nclldma Omme from eludes or muhM St ct on tefttrenCas bre to 1-e [ntamai Revenue Cone unless :therw se aced. tunas; • Form 1 pWMISC (vale ver types of-rcome, prizes awards or gross Put" developments ;; about d ar the Istest information evoopmerts related to Form W-9 ane ,to xu ructions, such as Iagfalatrcr. enacted prcCe£091 a FOrrn 0 For f ^99.6 ;stocK or mutual tunC safes and r_tirtd:n vet e after they ware publiatted go to wwttJrs.¢ovlFcrmK9 Ctfena by brokers) * Form I099- (proCeedafrom net estate tra"Wootla) Purpose of Form • Form 1090-K (merchant card and third party network Iransacnors; An Ind vidual or entity dorm W -ti requester? Arne -s required to fife an • Ftxm 1098 Marne mortgage interest;, 10WE (student loan interas- ; atlormwbo,s rattan Wth the IAS must obtain your uorrect taxpllyer "098-T (tuition) idea.! ficatton number (TIN) whscr may be your soeld secur,ty number ISSN. and vidual taxpayer tdantiftcatlon nurtlbi r ([TIN) aaopt.o^. • Form +098-C (canci led dabt) taxpayer ioentitx aeon number (ATiM, of employer fdentdication number Form 1089-A iacquittiuCn nrauarndpnrti8tit mi secured property, pr p ,fir (EiNi to report or an lntormation rehsn the amount paid to you, or other Use Form iM"9 only if yuu are a U.S. person (,nciuding a residar.l amount reputable on an ,RformatlOn return, Examples of etfnrmation Ww4 to provide your connect TIN. relturn$ WZ&Ae, txrt NP not llmiiad to, Tn■ follamng. ,f ; o� an rot rnfutn Fomt W -S to rhe faquesrer wirh a 77N. You nvaltt • Form tt?9.9-INT {interest earned or paid; be suhfec! !o be Aup withhokhrV See What Es ba4kup w1[hhoidirg. ..4' Pio. 1::: 9'k W-9 rRm 1p"201a1 A� �` CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the cartificaoe holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certifrcats holder in lieu of such endorsement(s). PRODUCER Palmer & Cay, LLC NAME: Linda N. Camp, AAI, CIC — PHONE 40 Calhoun Street 843.577.1056 FAX Nor. Suite 475 ncAALss: linda_.campapalmerar dcay.com Charleston SC 29401 — INSURERS) AFFORDING COVERAGE %( INSURER A: NORTH RIVER INS CO 21105 wsuRM >HSURERe; Seneca Ins Co Inc 10936 Delta Metals. Inc. Post OifiCe Box 1706 _ iNsuRERc: United States Fre Insurance Co 21113 INSURER D : Savannah GA 31402-1706 a4SURER E: X ANY AUTO { NSuRER F, COVERAGES CERTIFICATE NUMBER: 1293323072 REVISION NLIMRER- THIS IS TO CERTIFY THAT 7HE PCL. -CIES 6F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR -ACOLSUBR POLICY EFF PO ICY EXP Ci of Tybee Island 403 Butler Avenue Tybee Island GA 31328 TYPE LTR POLICY NUMBER MMfDDIYYYY MMlpp1YYYY Lam A GMERAL LIABILITY Y 5432214969 ".+:0'.8 7!12019 _Al:HDCCURRENCE S1.DOD,000 X ,Lv-3�-O RENTED — ;CN:'ERC1hL ;�=•�-,�_'. �-fs'TY -REM SES 1EsoVurrrW1gfi 5300_000 y CLAIMS -MADE X OCCUR (Any one tan) 5 -.50w PE_RSO t S AOV INJURY S 1 000.000 %( GENERAL AGGREGATE 5 2 0D0.00D _ :»TE -IMIT -- P -IE_$ PER PROOUCTS - COMPIOP AGS S 2 004.OD0 F:: 7: X PRJ- SDC _ S A AUTOMOBILELIABKITY Y 1337410050 MM&NED SINGLF LI i Fa acrtdenll i_51-000.ODO X ANY AUTO { BODILY INJURY (Par persw) S ALL OSWNED SCHEDULED AUT BODILY iNjJRY!Per ac=em) S � X X NON-OWNEID PROPERTY DAMAGE 8 HIREDAUTOS AUTOS I,Peracodentl 5 C X UMBRELLALIAB X OCCUR Y 5238087857 7112018 7112019 EACHOCCURRENCE 5 10 000 000 ELCESSLIAB _-4!!MS-MADE AGGREGATE S100W000 --; X nETENTIONS7 5 _ WORKERS COMPENSATION 4087344165 719/2016 7!1/1019 OYM- X AC SLIITUi AND EMPLOYERS' LIABILITY Y I N . ER. . ANY PROPRIETORIPARTNERIEXECUTIVE 7N E L EACH ACC1Ce:.T S 5M X70 OFFICERIMEMBER EXCLUDED? NIA _ - (Mandatory InHHt `- E.L. DISEASE -EAI:'P,.OYEE S5W000 I !e5 des.rite Linder 6E SCRIPTI CN OF OPERATIONSLll.w D $EASE - R_.; .t �IM�T 5500WO B Leased 8 Rtrbarl CC.M2301552 771/2618 7/112099 $2_50.000 Par Oaxwence Equrprneni 5 S' _4 PM Rem `i5S8Y811an FloeW 5'i" -,.- Any One Job Sts DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, AddMonaf Remarks Schelde, ff Moro apace IS requhed) Project: Tybee Metal Roof Replacement, RFP#2019-733 The City of Tybee Island is Additional Insured on General Liability and Automobile Liability and the Umbrella is follow farm. CERTIFICATE HOLDER CANCELLATION @ 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. � Ci of Tybee Island 403 Butler Avenue Tybee Island GA 31328 AIITM ORI7ED REPRESENTATlyt � @ 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD on F�l Of 3 a C m m 4- J 2 So 0 kq cc