HomeMy Public PortalAbout20200213AmendedCityCouncilPacket4.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A M E N D E D A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
February 13, 2020 at 7:00 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Executive Session
Opening Ceremonies
Call to Order
Invocation: Rev. Sue Jackson, Trinity Chapel United Methodist Church
Pledge of Allegiance
Recognitions
Presentation of State Certification to the Tybee Island Police Department
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, City Council Meeting, January 9, 2020
Consideration of Boards, Commissions and Committee Appointments
2. Appointment of Matt Harrell as Interim Fire Chief
3. Historic Preservation Committee
Fidelia Fowler
Holly Grell-Lawe
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
4. Gerald Schantz
Consideration of Approval of Consent Agenda
Public Hearings
5. Variance: Encroach Rear Setback with Steps to Maximize Porch Area - 11 Bright Street -
40002 15006-Zone R-1-B. Mike and Deb Goldberg
6. Text Amendment: Definitions for Home Based Business
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Consideration of Bids, Contracts, Agreements and Expenditures
7. Atlantic Waste Contract
8. Diesel Bypass Pumps RFP contract recommendations (Pumps and Installation).
The staff is recommending the Pumps be purchased from Goforth Williamson
They are recommending the contract for installation of pumps be awarded to Southern
Civil
9. The bids for the Jaycee Park Restroom project were opened at 2:00pm on January 23rd,
2020. There were 6 bids received. This agenda item to request that City Council approve
the award to the lowest responsive bidder, CNB Construction, LLC, in the amount of
$330,500.00. Attachments: Original ITB, Greenline Plans and Specs, Addendum #1, Bid
Sheet, Response from CNB Construction.
10. Agreement between City of Tybee Island and Tybee Island Marine Science Center
11. Agreement with Makel, City of Tybee Island and Marine Science Center
12. Agreement for First Chatham as to Landlord Release for Marine Science Center
Consideration of Ordinances, Resolutions
13. First Reading, 02-2020, Sec 34-264, Signage - Short Term Vacation Rentals
14. First Reading, 2020-03, Civil Penalties
15. First Reading, 2020-08, Retirement Plan Ordinance
16. Resolution, 2020-01, Supporting Legislation for the Georgia Local Government
Infrastructure Finance Authority Act
17. Resolution 2020-02 for Plat Approval: Makel and Marine Science Center
18. Resolution 2020-03, to Apply for a Coastal Incentive Grant and Commit upon Award of
the Grant to enter into a Project Agreement with the GDNR Coastal Resources Division
19. Resolution 2020-04, In opposition of HB 523 (Monty Parks)
Council, Officials and City Attorney Considerations and Comments
20. Barry Brown: City Hall telephones
21. Bubba Hughes: Ante Litem, Olivia Simons
22. Bubba Hughes: Builder's Risk Coverage, Marine Science Center
23. Shawn Gillen: Beach Safety Update - Beach Rule Enforcement Update
Minutes of Boards and Committees
24. Minutes, Planning Commission, January 13, 2020
25. Minutes, TIMSF Board of Trustees Meeting Minutes
26. Minutes, Ethics Commission, March 11, 2019 and December 4, 2019
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
1. Minutes, City Council Meeting, January 9, 2020
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City Council Minutes, January 9, 2020
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke,
Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Dana Braun, Assistant City
Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
Minutes, City Council Meeting, December 12, 2019
Minutes, Special City Council Meeting, December 26, 2019
Alcohol License Request-Special Event-Beer, Wine Tybee Festival Association/Mardi Gras
Tybee-Tybrisa Turnabout February 22, 2020
RFP 2019-746 - Sludge Dewatering Press. Approval to award contract to Pinco.
Recommendation for award of new Software Contract – RFP 2019-744 to Caselle. Line
Item 100-1535-52-1310. Budget amendment attached.
Guardian Dune Project
Class and Comp Study with Evergreen Contract
USACE Ship-Induced Wake Investigation Study - Line Item 340-6125-54-1403
Mayor Sessions called the regular meeting to order at 7:00PM. All those present for the consent
agenda were present.
Opening Ceremonies
Call to Order
In Memorial 2019
Invocation: Jan LeViner, City Clerk
Pledge of Allegiance
Major Joel Fobes, Tybee Island Police Department approached Mayor and Council to
introduce the new and prospective members of the Tybee Island Police Department. Those
recognized were:
Officer Vega
Officer Lackey
Officer Woodworth
Officer Netties
Jailer Hefflefinger
Mayor Sessions thanked Major Fobes. The new and prospective members received a standing
ovation.
Janice Elliott, HR Director approached Mayor and Council to present the Employee of the
Quarter, Scott Meredith. Ms. Elliott stated Mr. Meredith is a behind the scenes type person and
does not like to be in front of people. Mayor Sessions read from the nomination forms from his
supervisors. Ms. Elliott added Mr. Meredith has been with the City for ten years. She stated she
will present the Certificate and Gift Certificate next week.
Mayor Sessions asked former Councilmember Julie Livingston to approach the podium to be
recognized for her service not only to the City but as a former Councilmember. John Branigin
presented a plaque, City watch, and thanked her for her service. Barry Brown presented Ms.
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Livingston with a Key to the City. Ms. Livingston thanked everyone for their support over her
years while on the Planning Commission and as a City Councilmember.
Mayor Sessions asked former Councilmember Wanda Doyle to approach the podium to be
recognized for her service to the City as a former Councilmember. Monty Parks presented a
plaque and City watch to Ms. Doyle. Barry Brown presented a Key to the City to Ms. Doyle.
Ms. Doyle thanked everyone for their support over the years.
John Branigin made a motion to nominate Barry Brown for Mayor pro tem. Spec Hosti
seconded. Vote was unanimous, 5-0.
Consideration of Boards, Commissions
Planning Commission:
Demery Bishop (incumbent)
Ron Bossick (incumbent)
Marianne Bramble (incumbent)
Tina Gann (incumbent)
Elaine McGruder
Mary McLemore
J. Whitley Reynolds
Brian West
Mayor Sessions stated Jan LeViner, Clerk, distributed ballots during the Consent Agenda for
Council to vote on those individuals applying for the Planning Commission. She thanked
everyone for submitting their names. Mayor Sessions asked Ms. LeViner to read to results.
Ms. LeViner read the results (ballots attached):
Demery Bishop 5 votes
Ron Bossick 5 votes
Tina Gann 3 votes
Elaine McGruder 3 votes
J. Whitley Reynolds 5 votes
As there was a tie, Mayor Sessions voted and cast her vote for Elaine McGruder. Ms. LeViner
stated the new Commissioners for the ensuing term:
Demery Bishop
Ron Bossick
Elaine McGruder
J. Whitley Reynolds
Citizens to be Heard.
Keith Nichols, Partnership Specialist for the 2020 Census. Mr. Nichols explained this is a
very important year as there are elections and the Census. The re is $675B of Federal money that
will be distributed throughout this country and that money is distributed by population not by
need. Mr. Nichols stated the kickoff date is in early March when you will get the first mailing to
make you aware the Census will be coming. Census Day is April 1, 2020. You will be able to
respond via telephone or computer. At this point, positions are available, approximately an
additional 1,000 with a starting pay of $17.00 per hour. Recruiters will be on the Island during
upcoming events to take your name and application are on-line. Mr. Nichols stressed the
importance of doing the Census and asked if there were questions. He also confirmed the Census
will be sent to not only the street addresses but to their post office boxes. Mayor Sessions
thanked Mr. Nichols for speaking.
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Rachel Perkins approached Mayor and Council to speak on the upcoming 7th Annual MLK
Parade. Ms. Perkins thanked everyone for the opportunity to speak. The parade will take place
on Saturday, January 11, 2020 at 2:00PM at the south-end of the Island. She invited everyone
to attend the Celebration of Human Rights, 3:00PM at the Old School Cafeteria. Ms. Pearce
distributed tee-shirts to Mayor and Council and thanked them for the opportunity to speak.
Trey Scott, Mauldin and Jenkins, approached Mayor and Council to give a report on the final
audit. Mr. Scott reported Mauldin and Jenkins issued a Clean Opinion for the City’s financial
statement which is the highest level of assurance that they can provide. There were also no audit
findings or management points. Mr. Scott commended the City on having a nine month fund
balance which is very healthy. Mayor Sessions asked Dr. Gillen if this would be on the website
so residents can read. Dr. Gillen confirmed and will have it done as soon as possible. Mayor
Sessions thanked Mr. Scott.
Susan Kimbrell approached Mayor and Council to speak on Polk and Solomon. Ms. Kimbrell
represents citizens concerned with the development at Polk and Solomon. She expressed her
concerns with the development of the property and asked Mayor and Council to keep a watchful
eye over the development of the property (attached). Their Mission Statement is to ensure the
environmental, legal, and ethical concerns are addressed in the proposed development of the
property located at the corner of Polk and Solomon. Mayor Sessions thanked Ms. Kimbrell for
her concerns and comments.
Carolyn Jurick, Governing Board, Tybee Island Maritime Academy (TIMA), approached
Mayor and Council to speak on TIMA to include the history of the school and the current
Enrollment Process. Ms. Jurick introduced the Governing Board. She then invited everyone to
attend an informational meeting for parents on January 14, 2020 at 6:30PM and Wednesday,
January 15, 2020 at 10:00AM. There will be a special question and answer period and a guided
tour of the school. She then gave a short presentation (attached) regarding TIMA. Mayor
Sessions thanked Ms. Jurick for her presentation. Mayor Sessions asked Dr. Gillen to have their
presentation added to Channel 7. Dr. Gillen confirmed.
Deb Baber approached Mayor and Council to speak on the agenda “Waiver of Fees for TIMA”
(attached). Ms. Baber stated she is not opposed to education but is opposed to the waiving of
the fees for the placement of new modular school rooms. She stated school taxes are paid which
support TIMA and understand waiving the fees is not giving TIMA an additional $10,000. She
continued to read from a prepared statement where she expressed her concerns with the fees.
Mayor Sessions thanked Ms. Baber.
Mallory Pearce approached Mayor and Council to speak on the development of Polk and
Solomon. Mr. Pearce stated he would also like to speak regarding the dev elopment of the Island
and how to best protect the concerns of the residents. He is requesting Mayor and Council
enforce the ordinances regarding trees and other pertinent ordinances. Mr. Pearce recommended
the City purchase the property and put it aside as green space which will save the property as
there needs to be a balance. Mayor Sessions thanked Mr. Pearce for his past service to the City.
Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote
was unanimous, 6-0.
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Public Hearings
Site Plan Approval, 909 Butler Avenue, 40006 07004 Zone R-2, Corey Jones. George
Shaw approached Mayor and Council. Mr. Shaw stated Mr. Jones recently purchased the Royal
Palm Motel and would like to make upgrades to the facility which includes the exterior of the
existing footprint. This will add a stairway and open a small portion near the office for a breakfast
bar area for the guests. This upgrade does not increase the capacity of the motel or additional
rooms, does not increase the drainage, and is on impervious surface. The Planning Commission
and Staff recommended unanimous approval. Spec Hosti made a motion to approve. Nancy
DeVetter seconded. Vote was unanimous to approve, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
EOM Change Order - $13,610 from 505.4310.54.1401 (sewer Line Repairs) to
505.4310.54.1499 (Sewer Line Replacement Inlet and 17th). Mayor pro tem Brown
asked Dr. Gillen to explain this agenda item. Dr. Gillen responded there was a $30,000 increase
in the cost to remove additional asphalt as a pipe needed to be re-routed to a different part of
the street. There was also a reduction of $17,000 as they did not have to do a part which would
hook into Chatham. Mayor pro tem Brown asked if Dr. Gillen has a detail to explain these
changes. He clarified this does not apply to the work that was done on 17th Street but to the
work of removing additional asphalt. Mr. Hosti asked if the City has paid for the bad line. Dr.
Gillen stated the line is functional but is unsure if the final check has been sent. Monty Parks
made a motion to approve. John Branigin seconded. Voting in favor were Jay Burke, Monty
Parks, John Branigin, Barry Brown and Nancy DeVetter. Voting against was Spec Hosti. Motion
to approve, 5-1.
Dr. Gillen made reference to the Atlantic Waste Contract. He stated Mr. Hughes has drafted
the language and in essence the contract does eliminate the curbside recycling as recycling would
be provided by the City at drop-off locations rather than curbside. The fee the City is being
charged by Atlantic Waste per household would be reduced but the contract does not address
what gets charged to the citizens as this is done in the City’s fee structure. Currently, residents
are paying approximately $21.00 per month for current service: side door pick-up for garbage,
side door pickup for recycling, and curbside pick-up once a week for yard waste. The City is not
passing along the cost of the yard waste to the residents. Atlantic Waste is charging the City for
this service, i.e., the City is subsidizing those fees. Changes have now taken place regarding
recycling. Most of the recycling taken off Island is contaminated for many reason and the City is
being charged. Staff has not addressed what the fees will be for the citizens. To summarize:
residents will not get the recycling picked up at their house but will pay the same rate. Once a
week pick-up for garbage and once a week pick-up for yard waste. Mr. Parks stated he would
like to do a presentation in February regarding recycling. Mayor Sessions confirmed. He would
encourage everyone to drop their recyclables off at three locations: Polk Street, Memorial Park
and Jaycee Park. Residents can also takes any recycles directly to Department of Public Works.
Ben Wall, Atlantic Waste, approached Mayor and Council. He thanked everyone for the business.
Recycling is a struggle and an issue. Mr. Wall asked Mayor and Council for the preference of a
start date for the contract. Mayor Sessions asked Mr. Hughes if the contract has a
commencement date. Mr. Hughes responded, January 1, 2020. Mayor Sessions asked Council
their thoughts. Mr. Parks stated he recommended April 1, 2020. In this way residents will be
fully aware of any changes. Mayor Sessions asked Dr. Gillen to ensure changes are made
available in every possible way to the residents. Mayor pro tem Brown clarified, residents will be
getting less services at the same cost as their previous service. Dr. Gillen confirmed as there is
more waste going in to the garbage can. He clarified the contact deals with what the City pays
Atlantic Waste not what the City charges the residents. Mayor pro tem Brown asked Mr. Parks
how residents that do not have transportation will get their recyclables to a drop off point. Mr.
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Parks is working on a solution. Mayor Sessions asked if Atlantic Waste is going to take the
recycling bins off Island. Mr. Walls stated no, as the bins belong to the City. The plan is to
relabel the recycling bins for yard waste bins. Ms. DeVetter confirmed curbside recycling will stop
in April. Mr. Wall confirmed. She stated the City can use that time to educate the residents
regarding the change. Ms. DeVetter also made reference to Short Term Vacation Rentals (STVRs)
with twice a week pickup. Mr. Wall responded STVRs have become an issue for neighbors as
often they run out of space with their current bin. Internally discussions have taken place to
have mandatory twice a week pickup for STVRs on Saturday as tha t is the move in/move out day
and billing is still an issue. Mr. Branigin asked if the City has twice a week pickup for STVRs, is
there a way that non-vacation rentals can also receive twice a week pickup. Dr. Gillen stated the
contract before Mayor and Council does not address twice a week pickup for non-vacations
rentals. He also made reference to volume as if there is not sufficient volume, it is not cost
effective. Mr. Branigin stated residents have concerns as items they were recycling will now go
in their landfill bin and there may not be room for the normal trash. Mayor Sessions asked what
the cost of an additional landfill bin is. Mr. Wall responded, $17.50. Mr. Branigin asked if there
is a limit to yard waste. Mr. Wall stated the pile has to be no more than 5’x5’ and if larger, there
will be a fee of $25.00 per pile. Mr. Burke stated his concerns as the savings will not be passed
on to the residents. Mr. Parks clarified the City will not be subsidizing yard waste pick-up in
regards to the general fund. Ms. DeVetter does not believe the City to subsidize the service as it
is bad fiscal policy. As there were no more questions, Mr. Parks thanked Mr. Wall for the services
provided to the City as there are very little complaints and as a Council, need to decide how the
handle STVR’s which should be done prior to April. Mr. Wall confirmed. Mr. Hosti recommended
Dr. Gillen provide a list of options for the services which will make it clarify what services are
available to include cost. Mr. Wall responded he will have options in a week which will assist in
make decisive decisions now and not wait until the last minute. Ms. DeVetter asked Mr. Wall if
he has the cost for STVR’s to have twice a week pickup. Mr. Wall responded it is approximately
$25.00 per cart for the summer season. Mayor Sessions thanked Mr. Wall for his service. Mr.
Hughes made reference to the contract in the packet before Mayor and Council as the pricing
have been updated since the agenda packet was created. He will send a revised version which
reflects the changes. Mr. Wall recommended a contract to come back before Mayor and Council
for approval in February 2020 which would commence in April 2020. STVR’s will be before Mayor
and Council in February 2020 as well and will have idea on how to proceed and vote taken in
March 2020. A short discussion ensued regarding a change of th e current ordinance. Mr. Hughes
to draft and will also be on the agenda for February 13, 2020. AS A RESULT OF
CONVERSATIONS, NO VOTE IS TO BE TAKEN. TO BE BEFORE MAYOR AND COUNCIL
FEBRUARY 13, 2020.
Sarah Kelsey, Administrator of the Hazard Mitigation Grant, approached Mayor and
Council to give an update. Ms. Kelsey stated this is part of FEMA’s Hazard Mitigation Grant
Program and is specific for the elevation of twelve homes on the Island. Through FEMA funding
to mitigate their risk of flooding through the physical elevation of their homes. Ms. Kelsey gave
a brief history of the Grant for new council members. Currently they are working with City staff
to formalize the process and to have agreements between the City and homeowners drafted.
They have met with the homeowners to discuss the process and answer questions. There were
no questions of Mayor and Council and Mayor Sessions thanked Ms., Kelsey.
Ordinances
Second Reading, 01-2020, Article 4, Section 4-050(L), Maritime District. Mr. Shaw
approached Mayor and Council. He stated this is the second reading of ordinance 01-2020 to
change the section regarding what is allowed in the Maritime District. This will eliminate the use
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by cruise/casino boats in that District. Spec Hosti made a motion to approve. Barry Brown
seconded. Motion was unanimous to approve, 6-0.
Council, Officials and City Attorney Considerations and Comments
Shirley Sessions addressed Committees. Mayor Sessions stated the City has three standing
committees: Public Safety Committee, Infrastructure Committee and Finance Committee. In the
past the chairperson was a council member and the committee was composed of Staff and two
other council members. The proposed change will be to have one liaison from the City Council
as the official liaison, the City Manager will be the chairperson which will allow the City Manager
to bring recommendations from those committees to Mayor and Council based on discussions
within their meetings. Liaisons committees will be as follows:
Infrastructure Committee - Barry Brown
Safety Committee - John Branigin
Historic Preservation – Spec Hosti
Finance Committee – John Branigin
Tourism Council – Monty Parks
Main Street Authority – Jay Burke
Beach Task Force – Nancy DeVetter
Master Plan Implementation Committee – future to be discussed
Non-profit Boards
o Marine Science Center – Barry Brown
o Tybee Post Theater – Monty Parks
o YMCA – John Branigin
John Branigin gave a brief update on the Public Safety Committee. Mr. Branigin stated the
Public Safety Committee spent a great deal of time discussing Meddin Drive. Out of that
discussion there were seven options and the one the Committee felt unanimously about moving
forward is to encourage signage and foot traffic through Jaycee Park. The Committee decided to
continue to review and debate the options. Dr. Gillen stated t he Committee unanimously decided
to wait until next fall, to evaluate the process as the Marine Center will be open. This allows the
Committee time to evaluate traffic flow and make recommendations. Another option is to make
Meddin and Taylor Streets one-way and buses and trucks will be required to use Pulaski to Van
Horn, in that way they are kept off Fort Avenue. John Branigin made a motion to have Dr. Gillen
give Mayor and Council options for that area on additional signage to direct foot traffic through
Jaycee Park. Barry Brown seconded. Vote was unanimous to approve, 6-0.
John Branigin stated the Public Safety Committee also unanimously recommended installing
two or three temporary speed humps on Meddin and one or two on Miller. This will calm traffic.
These are only temporary only. Mayor pro tem Brown asked Mr. Branigin if Staff has talked to
the residents in the area. Dr. Gillen confirmed that residents will be contacted on Meddin and
Miller for their thoughts of placement of the speed humps. He would ask for a motion to move
forward. John Branigin made a motion to approve the City Engineer’s ability to place two to
three temporary speed humps on Meddin and one to two on Miller with the caveat the residents
on Miller are canvased, report back after some period of time as to their effectiveness and to
determine at that time if they will become permanent. Nancy DeVetter seconded. Vote was
unanimous to approve, 6-0.
John Branigin stated there was a discussion as to whether or not the City Staff should look at
the process for putting in permanent speed humps and determine a change that gives flexibility
for trying temporary ones. The recommendation would be to remove the temporary and put in
permanent or remove. Pete Gulbronson approached Mayor and Council. Mr. Gulbronson asked
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Mayor and Council to not limit to one or two speed humps on Miller as they may put down three
depending on the meeting with the residents. Dr. Gillen stated if three are needed, it can come
back before Mayor and Council in February. John Branigin made a motion to have City staff
look to see if modifications need to be made to the speed humps approval process to take into
account temporary speed humps with the approval process that is less ownerless. Monty Parks
seconded. Vote was unanimous to approve, 6-0.
Barry Brown reported on the Ham Operators Meeting, January 25 – 26, 2020, in
Memorial Park. Mayor pro tem Brown is asked Mayor and Council’s permission to allow the
Ham Operators to hold use Memorial Park overnight to conduct their training. Dr. Gillen stated
he had no objections. Jack Litchfield approached Mayor and Council to explain the event. He
asked for approval of the overnight stay in Memorial Park. Mr. Parks asked if the City’s mobile
until will be participating. He responded no. Spec Hosti made a motion to approve. Barry
Brown seconded. Vote was unanimous to approve, 6-0.
Monty Parks asked Mr. Hughes to give an update on Administrative Fines. Mr. Hughes stated
he has prepared a draft of a proposed ordinance and will add to the agenda for February 13,
2020. Mr. Parks gave a brief overview of those incidents which would be included: (1) glass on
the beach; (2) dogs on the beach; and (3) litter and other court cases. Tickets will have to be
issued by a police officer and the proposal is to craft an ordinance which would have the Parking
Department write the tickets which would free up the TIPD.
Monty Parks stated the City is ready to allocate $30,000 to complete the first third of the first
half of the Marsh Hen Trail. This would be completed within 90 days and would open the long
awaited Marsh Hen Trail. $12,000 had previously been allocated and now the remaining $18,000
needs to be moved from one line item to another. Dr. Gillen stated there are funds available to
be moved. Spec Hosti made a motion to approve. John Branigin seconded. Vote was
unanimous to approve, 6-0.
Monty Parks made reference to the Waiver of Fees for TIMA. Mr. Parks stated this was
before Mayor and Council in December 2019 and he is bringing back for approval. Dr. Gillen
stated he believes the dollar amount has been reduced. Mr. Shaw stated the dollar amount has
been reduced significantly, $5,000. The cost of the water mete r has been removed from the fees
as they are tying in to the existing meter. Mr. Parks stated Mr. Hughes has researched and TIMA
is a Charter School they do fall under the Public School exemption. Mr. Hughes confirmed. It is
very clear as it applies to public schools and he believes Charter Schools are treated the same
with respect to local government fees. He is not sure that all the fees fit within all the exemptions.
There would be no question if the school property was owned by the Board of Education but it is
owned by the church. Mr. Hughes continued, overall it is his opinion they are exempt. Mr. Hosti
recommended moving forward. Ms. DeVetter asked Mr. Hughes if a local board of education
property is public school considered board of education property. Mr. Hughes responded yes in
that context. Mayor pro tem Brown stated he has two grandchildren attending TIMA and asked
if that presents a problem. Mr. Hughes responded no it does no t present a conflict. Ms. DeVetter
recommended there be an agenda item to discuss what kind of policy the City would like to have
pertaining to the waiver of fees, a uniform policy. She would also recommend the policy include
a cap of the amount of fees, fees that will be waived and those that would not and in this way
the policy is clear. Mr. Braun stated he has experience with Charter Schools. The Charter Schools
is treated as a public school administration system which by State Statute is specific. Chatham
County exempts not-for-profits from building fees. Mayor Sessions confirmed with Mr. Braun that
Chatham County does waive fees for all non-profits. Mr. Braun confirmed. Mayor Sessions stated
that in the future she is asking all non-profits who receive money from the City come to a council
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meeting to inform City Council and the citizens of Tybee know what their programs are doing for
the community. Monty Parks made a motion to waive the fees. Barry Brown seconded. Vote
was unanimous to approve, 6-0.
Dr. Gillen would like approval of Mayor and Council to move forward with the process to place
a Modular Office Space for City Employees in Memorial Park. He explained last year the
Master Plan for Memorial Park was done and space was reserved for expansion of the YMCA
facility and getting space for City Hall employees. Time is needed to build an annex for
supplemental office space and while that process moves forward he would propose on the south
side of City Hall to place a 24x56 unit which is a modular office space. It is his intent to place a
buffer or vegetation to enhance the location as well. Mr. Shaw has volunteered to move the
Community Development Department in that way other departments would not be divided with
placement of staff. Dr. Gillen is asking approval to move forward with the process to include
review by the Planning Commission, approval of the Drainage Plan, Special Review by Mayor and
Council, and other steps to be completed. The cost of the rental unit is approximately $15,000
annually and gives the option to “spruce” up City Hall. Nancy DeVetter made a motion to move
forward. Monty Parks seconded. Vote was unanimous to approve, 6-0. Discussion: Mr. Hosti
asked Dr. Gillen what City Hall Auditorium will be used for. Dr. Gillen responded for meeting
space.
Barry Brown made a motion to adjourn to Executive Session to discuss real estate, personnel
and litigation. Monty Parks seconded. Vote was unanimous to approve, 6-0.
John Branigin made a motion to adjourn to Regular Session. Monty Parks seconded. Vote
was unanimous to approve, 6-0.
Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 11:30PM.
______________________________
Janet R. LeViner, CMC
Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
3. Historic Preservation Committee
Fidelia Fowler
Holly Grell-Lawe
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
5. Variance: Encroach Rear Setback with Steps to Maximize Porch Area - 11 Bright Street -
40002 15006-Zone R-1-B. Mike and Deb Goldberg
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M AYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael “Spec” Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 02/13/2020
Item: Zoning Variance – 11 Bright Street – 40002 15006 – Zone R-1-B – Mike & Deb Goldberg.
Explanation: encroach rear setback with steps to maximize porch area_________________________________
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 02/06/2020
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org
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STAFF REPORT
PLANNING COMMISSION MEETING: January 13, 2020
CITY COUNCIL MEETING: February 13, 2020
LOCATION: 11 Bright St. PIN: 40002 15006
APPLICANT: Mike and Deb Goldberg OWNER: Same
EXISTING USE: Single family under construction PROPOSED USE: Single-family dwelling
ZONING: R-1B USE PERMITTED BY RIGHT: Yes
COMMUNITY CHARACTER MAP: Ft. Screven Historic District
APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations).
PROPOSAL: The applicant is requesting a setback variance to put the rear stairway into the rear setback.
ANALYSIS: The general character of the area surrounding this lot is residential. The size of this sub-standard lot is
approximately 3800 square feet. The minimum lot size in the R-1B district is 6600 square feet. The requested
variance does not meet the “hardship” test outlined in Land Development Code Section 5-090 (A):
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including
irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other
physical conditions, or considerations related to the environment or the safety, or to historical significance,
that is peculiar to the particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property.
The required building setbacks for lots zoned R-1B are 20-feet front, and 10-feet rear and sides. The applicant is
requesting approval of setback variance to put the rear stairs approximately 5 ½ feet into the rear setback. The
applicant submitted building plans. The plans were approved with the stairs inside the setback lines and
construction is underway. The applicant is now requesting the variance to have a larger rear deck. While the lot is
smaller than the minimum allowed for the district it is not significantly different from many neighboring lots.
The Comprehensive Plan describes the Ft. Screven Historic District in which it lies as follows:
The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents
significant historic, cultural and natural resources. Varied uses include new, larger scale development,
traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street
trees, public parking. Zoning includes R-1, R-2, R-T, R-1/NEC, P-C, and PUD.
Comprehensive Plan – Community Character Area
The Ft. Screven Historic District
Recommended Development Strategies Meets
Strategy
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Y/N or N/A
1. Establish standards and guidelines for signage N/A
2. Provide signage for landmarks and historic businesses N/A
3. Preserve and restore historic structures whenever possible N/A
4. Provide appropriate incentives for historic restoration projects N/A
5. Ensure continued preservation of old growth trees, parks, and greenspace Y
6. Support an improved bicycle and pedestrian environment with connected facilities N/A
7. Consider adoption of architectural standards for historic structures N/A
8.
STAFF FINDING
Staff recognizes the required setbacks for a lot in an R-1B district are challenging for development of this
approximately 3800 square foot lot of record. The proposed single-family dwelling is not considered detrimental to
the character of the surrounding neighborhood. The applicant submitted plans fitting the new home into the
setbacks. Clearly, the lot is developable. Staff recommends denial of the application.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Variance application
B. Narrative
C. Site Plan
D. SAGIS map
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
6. TEXT AMENDMENT: DEFINITIONS FOR HOME BASED BUSINESS
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M AYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael “Spec” Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 02/13/2020
Item: Text Amendment:
Explanation: Definitions for home based businesses
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 02/06/2020
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
7. Atlantic Waste Contract
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RESIDENTIAL AND COMMERCIAL SOLID WASTE, YARD WASTE, COLLECTION
AND DISPOSAL SERVICES
(“Agreement”) is made this _____ day of ______, ______, by and between ATLANTIC
WASTE SERVICES, INC., a corporation organized and existing under the laws of the state of
Georgia (“Contractor”), and CITY OF TYBEE ISLAND, Georgia, a municipal corporation
created under the laws of the state of Georgia (“City”) (hereafter collectively the “Parties”).
WHEREAS, the City desires to provide its citizens with environmentally-sound collection
of solid waste, yard waste, and materials collection; and
WHEREAS, Contractor has extensive experience in providing solid waste, yard waste,
collection, disposal, and processing; and
WHEREAS, the City had determined that it would be in the best interests of the citizens
to contract with Contractor for the collection of its residential and light commercial solid waste
and yard waste according to the terms and conditions contained herein.
NOW THEREFORE, for in and consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally
bound, the City and Contractor agree as follows:
1. DEFINITIONS
a. Acceptable Waste or Municipal Solid Waste (MSW) shall mean all non-hazardous solid
waste generated by households and discarded papers, cardboard, plastics, cloth, glass, and
metal materials, but excluding Unacceptable Waste as defined herein. Waste shall be
considered “Acceptable Waste” only if properly contained within 96-gallon toters placed
at the side yard on the proper weekly collection day; however, occasional overflow of waste
is permitted if properly sealed in plastic garbage bags in proximity to the toter. As used
herein, the term “MSW” shall mean Acceptable Waste unless the context demonstrates
otherwise. Title to Acceptable Waste shall transfer to Contractor upon collection in
Contractor vehicles.
b. Yard Waste or Dry Trash shall mean leaves, yard clippings, paper, straw, loose yard-care
items, palm fronds, and branches.
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c. Bulk Waste shall mean white goods (i.e., stoves, freezers, dishwashers, refrigerators, water
tanks, washing machines, dryers, water heaters, and air conditioners) and furniture (i.e.,
couches, chairs).
d. Unacceptable Waste shall mean, without limitation, any regulated quantity of a Hazardous
Waste or Hazardous Substance as defined by federal, state or local laws or regulations;
containerized wastes, the contents of which are not able to be identified; sludges, waste
from a pollution control process or cleanup of a spill of chemical substance or commercial
product, waste tires; bulk waste, biohazards or regulated medical waste; friable asbestos;
construction and demolition waste; soil, sod, and stumps (except for items meeting the
criteria outlined in b. above); paint; motor oil; or any item too large or heavy to be contained
within a 96-gallon toter. Title to and liability for Unacceptable Waste shall remain with
the waste generator at all times.
e. Reserved.
f. Residential Unit shall mean a dwelling within the corporate limits of the City occupied by
a person or persons as a domicile. A residential unit shall be deemed occupied when either
domestic water or light and power services are supplied thereto.
2. TERM
The Initial Term of the Agreement shall be for 24 months, ending at the end of the calendar
year December 31, 2021, subject to an automatic renewal if notice of non-renewal is not
given ninety (90) days preceding the end of the calendar year. The Contract shall
automatically renew if notice of non-renewal is not given at least ninety (90) days before
the end of the successive calendar year for a period of three annual extensions. The
Agreement, if not sooner terminated, can extend for an additional three year period with
each calendar year concluding, subject to termination by non-renewal as described above.
If the City becomes dissatisfied with the Contractor’s service and after an opportunity to
cure following thirty (30) days notice of the inadequate performance such inadequacy has
not been cured to the satisfaction of the City, the City may terminate the agreement. The
City, in addition, for any cause or no cause whatsoever, may decline to renew at the end of
a calendar year. All notices given pursuant to this paragraph shall be served by certified
mail, return receipt requested, or by a nationally-recognized courier service or by email.
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3. THE SERVICE AND CONTRACTOR RESPONSIBILITIES
Contractor shall furnish, at its sole cost and expense, the labor, equipment, licenses,
permits, and other requirements necessary to provide Acceptable Waste collection to all
Units of the City, which consist of approximately 3,034 Residential and 120 Commercial
Units (including City Facilities), with a total of approximately 6,308 total toters (the
“Service”). Normal services will be side yard (side door) service, The Service shall include
the following:
a. Toter Supply. Each Residential unit and designated City Facility will be provided 96-
gallon toter for Acceptable Waste (MSW or household trash), unless such a toter has
already been provided by Contractor. When notified by the City of new
accounts/residents, Contractor will deliver one 96-gallon cart (one MSW) to the
homeowner or commercial customer, if applicable.
b. Acceptable Waste Collection Frequency, Days, and Times. Acceptable waste shall be
collected from the side yard twice per week from each Residential Unit. Collections
shall occur during ordinary hours but in no instance earlier than 7:00 A.M. or after 7:00
P.M. Acceptable Waste shall be collected from the contractor supplied waste toters
only, but occasional overflow of waste is permitted if properly sealed in plastic garbage
bags in proximity to the Acceptable Materials toter.
Contractor will continue to provide a 96-gallon cart to all current Residential
units
Carts will be tan with green lids, consistent with current Atlantic Waste garbage
carts
Garbage carts will be marked “Landfill Items Only” on the lid
Garbage carts are to be labeled in such a manner that the cart is associated with
a specific customer’s address
Contractor to be responsible for the expense for repairing or replacing garbage
carts
City will pay only for the number of garbage carts in city’s billing database. If
the contractor adds an additional cart due to a customer request or otherwise, it
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is the contractor’s responsibility to report in writing each billable additional cart
to the City. The added cart will be billable to the customer and City the next
monthly billing cycle.
c. Yard Waste Materials Collection Frequency, Days, and Times. Yard waste materials
shall be collected from the curbside one time (1x) weekly from each Residential Unit.
Leaves, yard clippings, paper, straw, cones, mulch and small sticks shall be
placed in blue Tybee recycle carts or biodegradable yard waste bags which,
when full, do not exceed fifty (50) pounds.
Palm fronds, branches, and other long yard waste must be stacked stem to stem
for easy collection, and placed adjacent to the street, road, or alley for
collection.
Heavy brush and tree branches no longer than three (3) feet in length and six
(6) inches in diameter should be gathered into a pile no larger than five (5) cubic
yards. For each pile that exceeds 5x5x5, there will be a charge of Twenty-Five
($25.00) Dollars for each such pile. (Waste removal services will be
discontinued if property owners fail to comply).
Property owners and residents qualify for curbside service; Professional
Landscapers must dispose of products of work at the Public Works Facility.
Waste hauler contractor will be responsible for providing the equipment and
labor to address seasonal volumes.
Waste hauler contractor staff will have rakes on each truck to clean up small
yard waste debris while collecting.
Fines in place for yard waste not collected within 72 hours of written notice by
city staff.
Waste hauler contractor can subcontract yard waste removal subject to the
City’s consent, which will not be unreasonably withheld.
d. Bulk Goods. Contractor will collect and dispose of bulk or white goods on the
Resident’s regularly-scheduled Garbage pick-up day. Bulk goods shall mean only
appliances and furniture, not to exceed greater than 100 pounds and 6 feet x 5 feet x 5
feet. This shall apply to the first item placed curbside. Additional items will require
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scheduled notice with Contractor and these will be billed and collected individually
based on size, quantity and weight and time.
e. Lovell Avenue Garbage 34-Cubic Yard Compactor Contractor will:
Pick up and empty compactor within 24 hours of request by designated city
staff in writing via e-mail.
Fines in place after 3 written documented failures to haul within 24 hours’
notice by designated city staff
City to provide compactors at both locations
All pulls are to be scheduled after 7A.M. and before 7 P.M. due to noise
ordinance.
f. Transfer Station Garbage and Yard Waste. Contractor will:
Pick up and empty compactor within 24 hours of request
All containers are to be changed out in transition station yard and not on the
public street on Polk Street or Bay Street
Pulls are to be scheduled after 7 A.M. and before 7 P.M. due to noise ordinance
Provide up to five (5) 30-yard garbage containers and yard waste.
All fines in place after 3 written documented failures to haul within 24 hours’
notice by designated city staff.
g. River’s End Campground. Contractor will:
Pick up and empty garbage dumpsters on a regular and reliable schedule
Pulls are to be scheduled after 7 A.M. and before 7 P.M. due to noise ordinance
Contractor to provide four (4) eight cubic yard dumpsters at two designated
locations in the campground. The dumpsters are to be picked up twice per
week.
All fines in place after 3 written documented failures to haul on agreed-upon
haul schedule
h. Exclusions from the Service. The service shall not include construction or demolition
waste collection or industrial waste collection.
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i. Disposal. Contractor shall dispose or arrange to dispose of the Acceptable Waste
collected under this agreement only at municipal or county solid waste disposal
facilities that are licensed and permitted to accept such solid waste.
j. Holidays. The following shall be designated holidays on which the service shall not be
provided: Thanksgiving, Christmas, and New Year’s Day. If a designated holiday falls
on a regularly scheduled Service day, the Service will be performed on the next service
day. For example, if the Holiday occurs on a Thursday, Thursday services will occur
on Friday and Friday services will occur on Saturday. Services will all move back one
day until the end of that calendar week.
k. Toter Replacement. Contractor shall replace at no charge to the City or the individual
residents any toter that becomes damaged or destroyed including toters that become
unusable because of ordinary wear and tear, or that are lost or stolen. Will not replace
due to fire or intentional damage. Fee incurred.
l. Complaints. Contractor is to provide a web-based complaint/request for curbside
garbage, bulky goods, and yard waste service tracking system that is linked to the city’s
web page. Tracking system is to track resolutions and will require either a customer’s
email or phone number, so contractor can send notification of receipt of
complaint/request for service and also a notification of resolution. Contractor is to clear
out resolved complaints within 48 hours of business days.
m. Fines. The following $100 fines for poor service are included in the contract:
Failure to pick up curbside dry trash on designated pickup dates within 48
hours of written notice by the customer or the designated city staff
Failure to rake up debris from curbside yard waste piles within 48 hours of
written notice by customer or the designated city staff
Failure to pick up garbage on designated pickup dates within 48 hours of
notice by the customer or the designated city staff
Failure to replace or repair a damaged cart within 48 hours of written notice
by the customer or designated city staff
Failure to replace a stolen cart within 48 hours of written notice by the
customer or designated city staff
Failure to clean up hazardous waste such as hydraulic fluids within 24 hours
of written notice by the customer or designated city staff
Failure to completely empty garbage and recycling cart within 48 hours of
written notice by the customer or designated city staff
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Failure to place garbage or recycling cart 2 feet off of the paved road after
emptying the cart written notice by the customer or designated city staff
Failure to haul transfer station containers and compactor within 24 hours’
notice by designated city staff. Fines will be assessed after 3 written
documented failures to haul within 24 hours’ notice by designated city staff
Failure to haul the Atlantic or Lovell Avenue compactors within 24 hours’
notice by designated city staff. Fines will be assessed after 3 written
documented failures to haul within 24 hours’ notice by designated city staff
n. Solid Waste, Yard Waste Monthly and Annual Reporting. Contractor will provide
monthly and annual reports providing monthly and annual quantity and weight of solid
waste and yard waste, collected and disposed from the City.
Tonnage report is to be broken out by curbside service, transfer station and
Atlantic and Lovell compactors, as well as, in aggregate.
Also, a complaint log will be provided listing Resident’s name, date and time
of complaint, date and time of complaint resolution and any other pertinent
details.
o. Compliance with Laws. The service shall be performed in accordance with all
applicable statutes, laws, rules, regulations, and ordinances.
p. Personnel and Equipment. The service shall be performed by properly trained and
licensed personnel in adequate numbers and with adequate vehicles and equipment to
complete the service in a safe and timely manner.
q. Supervision. Contractor shall provide competent supervision in charge of working
crews at all times while providing the service.
r. Complaints and Missed Pick-ups. All complaints as to Contractor’s provision of the
service, including alleged missed pick-ups, shall be given prompt and courteous
attention. Contractor will commit to resolving all complaints within 48 hours,
conditions permitting. Any condition which causes the resolution to extend beyond 48
hours will be documented and communicated to the resident as well as the City.
s. Anti-Discrimination. In performing the service, Contractor shall not discriminate
against any person on the basis of race, religion, sex, national origin, political
affiliation, or physical and mental disability.
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4. HOUSE/BUSINESS COUNT, ADJUSTMENTS AND SUMMARY
a. The estimated Residential unit count at the commencement of the term shall be
determined at the execution of this agreement and will be used for billing purposes.
Contractor shall keep an accurate database that includes service addresses and number
of toters for Acceptable Waste at each address. Contractor shall provide the City a
report each month that will accompany the invoice that shows additions to or deletions
from the total number of toters identified the prior month.
b. The City shall be the point of contact for residents to open or close Residential Unit
accounts, or for residents to request additional carts or repairs to carts. Before 5:00
P.M. on the last business day of each week, the City shall transmit a weekly summary
to Contractor identifying by address all new accounts and closed accounts; all
additional toters requested; all toters requested to be removed for repair and/or
replacement.
5. FEES AND PAYMENT
Curbside Bulky Goods and Dry Trash - $4.64______ Monthly Cost for Weekly
Service
Lovell Avenue Garbage 34 Cubic Yard Compactor $253__ Pull Cost $57____
Tonnage Cost
Atlantic Street Recycling 15 Cubic Yard Compactor $150______ Pull Cost going
to DPW
Transfer Station
Garbage $204______ Pull Cost $42_______Tonnage Cost
Yard Waste Container $334_______ Pull Cost
DPW Garbage Container $253_______Pull Cost $57__Tonnage Cost
Rental of non-pulled 30 yard container $60___ per month
River’s End Campground (Price is per month)
Garbage $100__ Per month per dump
Residential and Commercial Garbage Side Yard Service
Garbage Cart Side Door Twice Weekly Pickup
Residential
96 gallon cart _$22.00 Monthly Charge
Government/School _ $17.50 Monthly Charge
Commercial _$25.90 Monthly Charge
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6. INDEPENDENT CONTRACTOR
Contractor shall perform the Service as an independent contractor. Contractor, its officers,
employees, agents, contractors or subcontractors, are not and shall not be considered
employees, agents or servants of the City for any purpose whatsoever under this Agreement
or otherwise. Contractor at all times shall have exclusive control of the performance of the
Service. Nothing in this agreement shall be construed to give the City any right or duty to
supervise or control Contractor, its officers, employees, agents, contractors, or
subcontractors, nor to determine the manner in which Contractor shall perform its
obligations under the Agreement.
7. SUBCONTRACTORS
Contractor shall not use subcontractors to perform the Service described hereunder unless
Contractor has obtained prior written approval from the City, which approval shall not be
unreasonably withheld. In the event that written approval is obtained, Contractor shall
remain liable to the City for the subcontractor’s performance of the Service as if the Service
was being provided by Contractor itself.
8. FORCE MAJEURE
(a) Contractor’s performance of the Service may be suspended and its obligations excused
during the pendency of a cause or causes beyond its reasonable control, such as by way
of example and not limitation: acts of war, public enemy, civil disturbance, riot or
disorder; epidemic or pandemic; acts of God such as landslide, lightning, earthquake,
fire, storm, the impending approach of a storm, or flood; explosion; restraining orders,
interference by civil or military authorities, strike, statute, ordinance, government order
or ruling; or other similar causes. In the occurrence of a force majeure event,
Contractor shall notify the City immediately, in writing, describing the particulars of
the circumstances preventing performance of the Service and its expected duration.
Notice shall be provided after the effect of such occurrence has ceased.
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9. INDEMNIFICATION
a. Contractor agrees to indemnify, defend, and hold the City harmless from and against
all claims and actions, suits, debts, damages, liabilities and costs whatsoever, including
but not limited to attorneys’ fees and costs of defense, based upon or arising out of the
breach of this Agreement, and based upon or arising out of any injuries (including
death) to persons, or damage to property, caused in whole or in part by the acts or
omissions of Contractor, or any of its directors, officers, employees, agents, or
subcontractors, in the performance to this Agreement.
b. Notwithstanding any provisions to the contrary, Contractor shall not be responsible for
any damage to pavement or curbing that is the result of ordinary wear and tear during
the performance of the Service.
c. The indemnification obligations of this section shall survive the termination or
expiration of the Agreement for any reason.
10. INSURANCE
Contractor shall maintain at its own cost and expense the following minimum limits of
occurrence-based insurance during the term of this Agreement:
Type Amount
Bodily Injury, including death, each occurrence $ 1,000,000
Property Damage, each occurrence $ 1,000,000
Property Damage, in the aggregate $ 2,000,000
Automobile Liability, covering injury and property $ 1,000,000
Umbrella Policy $ 10,000,000
The City, its elected and appointed officials and employees, shall be included as additional
insured parties under the CGL, Automobile and Excess/Umbrella coverages. Prior to
commencement of the Service, Contractor shall deliver to City a certificate of insurance
evidencing the required coverages.
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This certificate shall provide that any change restricting or reducing coverage, or the
cancellation of any policies under which certificates are issued, shall not be valid unless at
least 30 days’ written notice of change or cancellation is provided to the City.
11. MISCELLANEOUS PROVISIONS
a. Amendments. No amendments to this Agreement shall be made except upon the
written consent of both parties.
b. Entire Agreement. This Agreement constitutes the entire Agreement and
understanding between the Parties hereto, with respect to the subject matter and
supersedes any prior and contemporaneous agreements and understandings, express or
implied.
c. Waiver. A waiver by either Party of any breach of any provision hereof shall not be
taken or held to be a waiver of any subsequent breach, whether similar or dissimilar, or
as a waiver of any provision itself. No payment or acceptance of compensation for any
period subsequent to any breach shall be deemed a waiver of any right or acceptance
of defective performance.
d. Severance. In the event that any provision of this Agreement is found by a court of
competent jurisdiction to be void, invalid, or unenforceable, the balance of this
Agreement shall remain in effect and binding on the Parties.
e. Choice of Law. This Agreement shall be governed by Georgia law, without regard to
choice of law rules.
f. Assignment. Neither party may assign its rights and obligations under this Agreement
without prior written consent of the other Party. All notices required or permitted under
this agreement shall be in writing and shall be personally delivered, sent by certified
mail, return receipt requested, or by overnight courier as follows.
Atlantic Waste Services City of Tybee Island
Attn: Manager Attn: City Manager
125-B Pine Meadow Drive 403 Butler Ave
Pooler, GA 31322 Tybee Island, GA 31328
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IN WITNESS WHEREOF, the Parties have executed this Municipal Solid Waste,
Recycling, and Yard Waste Service Agreement as of the above date.
[CONTINUED]
ATLANTIC WASTE SERVICES CITY OF TYBEE ISLAND
By:__________________________ By:_______________________
Title: ________________________ Title: ______________________
Approved as to form:
____________________________
Edward M. Hughes,
City Attorney
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
8. Diesel Bypass Pumps RFP contract recommendations (Pumps and Installation).
The staff is recommending the Pumps be purchased from Goforth Williamson
They are recommending the contract for installation of pumps be awarded to Southern
Civil
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REQUEST FOR PROPOSAL
RFP NO. 2019-749
SEWER LIFT STATION DIESEL BYPASS PUMPS
PROPOSAL DUE: FRIDAY, JANUARY 31, 2020 by 1:00pm
CITY OF TYBEE ISLAND, GEORGIA
SHIRLEY SESSIONS, MAYOR
BARRY BROWN, MAYOR PRO TEM MICHAEL HOSTI
MONTY PARKS NANCY DEVETTER
JOHN BRANIGIN JAY BURKE
DOCUMENT CHECK LIST
The following documents are contained in and made a part of this RFP Package, and are required
to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and
sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO
MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER
INTRODUCTION
SPECIFICATIONS AND REQUIREMENTS
INSTRUCTIONS TO BIDDERS
GENERAL INFORMATION
SURETY AND BOND REQUIREMENTS
ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C.
SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F.
DEBARMENT CERTIFICATION G. PROPOSAL FORM; H. CHECKLIST
INTRODUCTION
Date: 8-28-18
This is a request for proposals to supply the City of Tybee Island, Georgia with services as
indicated herein.
Sealed proposals must be received by 1:00pm local time, on Friday, January 31, 2020. The
City of Tybee Island reserves the right to reject any or all proposals.
METHOD OF AWARD: If the City of Tybee Island awards a contract as a result of this RFP, it
will be awarded to the responsible proposer deemed able to provide the best value for the
City. The award will take into account price among other factors as specified in this RFP. The
City reserves the right to select the proposer which best meets the City’s goals and objectives,
needs, budget constraints, and quality levels, as well as its educational and service level
expectations. The City reserves the right to award a contract to one or multiple vendors.
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Signature of proposer indicates understanding and intended compliance with the terms of this
request, the requirements herein, and any subsequent award or contract. All specifications,
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 proposer, in whole or in part, for any costs associated with preparation,
submission, or presentation of proposals.
Instructions for preparation and submission of a proposal are contained in this RFP package.
Please note that specific forms for submission of a proposal are required.
The 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. The
City seeks to ensure that all segments of the business community have access to supplying the
goods and services needed by the City. The City 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.
The City of Tybee Island is seeking a proposal package for service or 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 proposers will
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
proposal does not affect this right.
SPECIFICATIONS AND REQUIREMENTS
The City of Tybee Island, GA is seeking proposals for the purchase and installation of Three (3)
6 inch, and Nine (9) 4 inch Diesel Bypass Pumps for the City’s sewer lift stations.
The following items are the requirements and or specifications for the diesel bypass pumps.
1. Infinite dry running capabilities
2. Solids handling up to 3 inches
3. Self-priming capability (to 28 feet) without operator assistance
4. Fully programmable controller
5. Pump and engine provided with a sound attenuated enclosure providing 69 dba at 30 feet
6. 1750 watt ac/dc inverter
7. Battery charger- 12 volt trickle
8. Block heater – 110 volt
9. Auto throttle
10. Liquid Level transducer with 40 foot cable
11. Double walled fuel tank
12. Auto start for weekly test runs
13. Operating time of at least 22 hours on one tank of fuel
14. Skid mounted
15. Capable of at least 1000 gpm
16. Each pump to be permanently plumbed
17. Each pump will be mounted on a concrete platform or pedestal to the following heights*:
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Lift station 1 - 4 inch, Raised approx. 4 ft to a minimum required elevation of 12.5 ft
Lift station 2 - 4 inch, Raised approx. 4 ft to a minimum required elevation of 11.25 ft
Lift station 3 - 6 inch, Raised approx. 5.5 ft to a minimum required elevation of 11.25 ft
Lift station 4 - 4 inch, Raised approx. 4 ft to a minimum required elevation of 11.25 ft
Lift station 5 - 4 inch, Raised approx. 4.5 ft to a minimum required elevation of 11.25 ft
Lift Station 6 - 6 inch, Raised approx. 4 ft to a minimum required elevation of 13.75 ft
Lift station 7 - 4 inch, Raised approx. 3 ft to a minimum required elevation of 11.25 ft
Lift Station 8 - 6 inch, Raised approx. 6 ft to a minimum required elevation of 12.5 ft
Lift station 9 - 4 inch, Raised approx. 4 ft to a minimum required elevation of 11.25 ft
Lift station 10 - 4 inch, Raised approx. 3 ft to a minimum required elevation of 11.25 ft
Lift station 11 - 4 inch, Does not need elevating as it is above SFHA and located in Zone X
Lift station 12 - 4 inch, Raised approx. 5.5 ft to a minimum required elevation of 11.25 ft
*Minimum elevations based on NAVD’88 datum.
Completion date: All pumps must be installed and in working order by May 31st, 2020, which
is the first day of the 2020 hurricane season.
1. INSTRUCTIONS TO PROPOSERS
Purpose: The purpose of this document is to provide general and specific information for use in
submitting a proposal 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 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia.
Proposers must carefully review all provisions of, and attachments to, this document prior to
submission. Each proposal constitutes an offer and cannot be withdrawn except as provided
herein. This RFP and any attachments, plans, and/or other related documents can be found on the
City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to
check the website for additional information and/or addendums.
1.1 How to Prepare Proposals:
All Proposals must be:
a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
b. Proposals must be signed by the business owner or authorized representative, with
all erasures or corrections initialed and dated by the official signing the Proposal.
ALL SIGNATURE SPACES MUST BE SIGNED.
1.2 How to Submit Proposals:
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, and proposer’s company
name, to the office of the address below prior to the time specified. Include your
proposal, and all required attachments, which can be found at the end of this document.
Include all requested documents, including required bid bond. See
Attachment H
City/County Occupational Tax Certificate Requirement: Contractor must
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supply a copy of their Occupational Tax Certificate as proof of payment of
the occupational tax where their office is located. In addition, if a contract is
awarded, contractors that are not located on Tybee Island are required to
obtain a Tybee Island contractor registration. Contact Sharon Shaver for
additional information, at 912-472-5072, or in person at Tybee Island City
Hall 403 Butler Ave, Tybee Island, Ga
Include at least three (3) references documenting your experience with
similar projects. 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, submit a written and/or
photographic description of how these projects relate to this RFP.
All Proposals must be hand delivered, mailed, or sent by courier in sufficient
time to ensure receipt by the Purchasing Agent on or before the time and
date specified above. Include RFP #2019-749 on front of envelope.
Courier or hand deliver response package to:
MELISSA FREEMAN
TYBEE ISLAND CITY HALL
403 BUTLER AVE
TYBEE ISLAND, GA. 31328
Proposals may be submitted via US Mail, but proposers choosing this
method should allow at least an additional 24 hours for delivery:
MELISSA FREEMAN
CITY OF TYBEE ISLAND
PO BOX 2749
TYBEE ISLAND, GA. 31328
FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS
NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE
OPENED.
1.3 How to Submit an Objection:
Potential proposers must present any written objection to this RFP at least seven (7) days
prior to the proposal due date. The objections contemplated may pertain to form and/or
substance of the RFP documents. Objections must be made in writing to the Purchasing
agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to
RFP #2019-749.
1.4 Minimum Requirements for Proposals
a. Proposals shall be considered only from firms normally engaged in performing
the type of work specified with the Request for Proposal. In the determination of
the evidence of responsibility and ability to perform the required services by the
proposer, the representatives of the City shall determine whether the evidence of
responsibility and ability to perform is satisfactory. The representatives of the
City reserve the right to reject any or all proposals.
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b. Previous experience in the performance of projects of a similar nature to ensure
timely and efficient completion.
c. The individual/firm warrants that he/she is fully qualified, with adequate
personnel and experience to undertake the services required within a reasonable
time.
d. The proposer shall be an equal employment opportunity employer and shall
adhere to any applicable local, state, or federal affirmative action requirements.
1.5 Errors in RFP responses:
Proposers are expected to fully inform themselves as to the conditions, requirements, and
specifications of this RFP before submitting a proposal. Failure to do so will be at the
Proposer's own risk. In case of error in extension of prices in the proposal, the unit price
will govern.
1.6 Questions concerning RFP:
Questions, inquiries, suggestions, or requests concerning interpretation, clarification or
additional information concerning any portion of this RFP must be made by email, sent to
the below named individual, who will be the official point of contact for this RFP.
Questions must be submitted at least seven days before the proposal due date.
Mark subject line on e-mail “Questions on RFP 2019-749, Diesel Bypass Pumps.”
POINT OF CONTACT:
Melissa Freeman
mfreeman@cityoftybee.org
Failure of a Proposer to ask questions, request changes, or submit objections by the dates
indicated above shall constitute the Proposer's acceptance of all of the terms, conditions
and requirements set forth in this RFP.
1.7 Addendums to RFP:
Any changes to the conditions or specifications in this RFP must be in the form of a
written addendum to be valid. If the City of Tybee Island issues an addendum to this
RFP, it will be posted by the Purchasing Agent on the City’s website.
The issuance of a written addendum by the Purchasing Agent is the only official method
by which interpretation, clarification or additional information will be given. The City of
Tybee Island will not be responsible for any oral representation given by any employee,
representative or others.
Proposer must acknowledge each addendum in the response. It is solely your
responsibility as a proposer to ensure that you have received all addenda and
incorporated the changes into your response before submission. Unless otherwise
specified in an addendum, the due date and time remains as listed above.
2 GENERAL INFORMATION
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2.1 Specifications: Any obvious error or omission in specifications will not inure to the
benefit of the proposer but will put the proposer on notice to inquire of or identify the
same from the City of Tybee Island. Whenever herein mention 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., will be construed to be the minimum requirements of these
specifications.
2.2 Standards for Acceptance of Proposal 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.
2.3 Proposer: Whenever the term "proposer" is used it will 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.
2.4 Responsible / 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.
2.5 Compliance with Laws: The proposer will 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 will be supplementary to this
section and not in substitution thereof.
2.6 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.
2.7 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).
2.8 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and
Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and
subcontractors 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 employment
verification system to insure employment eligibility. 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.ga.us/spotlight/employment/rules. You may go to
http://www.uscis.gov to find the E-Verify information.
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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 can hire only persons who can 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 any hiree, which
includes completing the Employment Eligibility Verification Form (I-9). The Contractor
will 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.
2.9 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.
2.10 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted
in the proposal will be firm for acceptance for a period of sixty (60) days from proposal
opening date, unless otherwise stated in the RFP.
2.11 Quality: All materials or supplies used for, or the workmanship employed in, any
construction necessary to comply with this RFP, will be of the best quality, and adhere to
the highest industry standards.
2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the
Proposer will unconditionally guarantee the materials and workmanship for a minimum
of one (1) year from completion of the project. If additional warranty is offered, please
specify that in the proposal. If, within the guarantee period, any defects occur which are
due to faulty material and or services, the contractor, at his expense, will repair or adjust
the condition, or replace the material, to comply with the contract requirements and
applicable standards thereof. These repairs, replacements or adjustments will 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.
2.13 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
Proposal as requested by the City, the proposer will 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 will 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.
2.14 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-
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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) will 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.
2.15 Certification of Independent Price Determination: By submission of this proposal,
the Proposer certifies, and in the case of a joint 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, 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.
2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications
and plans define a responsible Proposer 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. The City 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. The City 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.
2.17 Insurance Provisions, General: The selected proposer to whom the contract is awarded
will 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 must be
included in the proposal.
a. General Information that must 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 is 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 (Must include the City of Tybee Island as a certificate
holder and an additional insured).
THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF
TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN
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ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND
EXCESS LIABILITY COVERAGES.
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 must be written on an Any Auto basis.
THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN
MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA
&/OR EXCESS COVERAGES.
c. Special Requirements:
i. Extended Reporting Periods: The Contractor must 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 will not affect coverage provided in relation to this request.
iii. Cancellation: Each insurance policy that applies to this request must be
endorsed to state that it will 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 must 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.
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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 will 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 will 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 will procure a bond guaranteeing payment of related suits, losses,
claims, and related investigation, claim administration and defense expenses.
2.18 Compliance with Specification - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers, Specifications, Special
Conditions, Addendum, and/or any other pertinent documents form a part of the
Proposal and by reference are made a part hereof.
2.19 Signed Proposal Considered Offer: The signed Proposal will be considered a binding
offer on the part of the Proposer, which offer will 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, the City
of Tybee Island may take such action as it deems appropriate, including legal action, for
damages or lack of required performance.
2.20 Notice to Proceed: The successful proposer must 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.
2.21 Protest Policy: Any proposer who is aggrieved in connection with the award of a
contract may file a protest with the Purchasing Agent. The protest must be submitted no
later than 48 hours prior to the date the award recommendation is scheduled to be
approved by City Council. Recommendations to Council are usually posted on the
preliminary agenda on the City's website on the Thursday prior to the Council meeting
date. It is the proposer's responsibility to ascertain the City's recommendation for award..
Protests must be made in writing to the Purchasing agent, Melissa Freeman at
mfreeman@cityoftybee.org, with the subject line Protest: RFP #2019-749, and must
include the following information:
a. Name, address, email address, and telephone numbers of the protester;
b. RFP number;
c. Detailed statement of the legal and factual grounds for the protest, including a
description of resulting harm to the protester;
d. Copies of supporting documents, if any;
e. Statement of relief requested;
f. All information establishing that the protester is an interested party for the
purpose of filing a protest on an award decision;
g. All information establishing the timeliness of the protest.
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2.22 Payment to Contractors: Instructions for invoicing the City of Tybee Island for
products delivered to the City 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.
2.23 City’s Rights Concerning Award: The City reserves the right, and sole and complete
discretion to waive technicalities and informalities. The City further reserves the right,
and sole and complete discretion to reject all proposals, and any proposal 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 City in its sole discretion. In judging whether the Proposer is
responsible, the City 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.
2.24 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will
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 will immediately notify City of Tybee Island in the event any subcontractor is
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added to a Federal, State or other Government Entity listing after award of the
subcontract.
2.25 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 will cause render your
proposal invalid. In order to conduct this procurement transaction in manner that
provides full and open competition and meet the Federal Uniform Guidance
Requirements to ensures objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements,
statement of work, or invitation for bids or request for proposal must be excluded from
competing for this contract.
2.26 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, will 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 contain trade secrets or other confidential matters. A Proposer submitting records
which the entity or person believes contains trade secrets and that it wishes to keep such
records confidential pursuant to O.C.G.A. § 50-19-72(34) will 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. See also, section 2.27.
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 will 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.
2.27 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.
2.28 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.
2.29 Method of Compensation: The compensation provided for herein will include all
claims by the contractor for all costs incurred by the contractor in the conduct of the
85
Project as authorized by the approved Project Compensation Schedule and this amount
will be paid to the contractor after receipt of the invoice and approval of the amount by
the City of Tybee Island. The City will make payments to the contractor within thirty
(30) days from the date of receipt of the contractor's 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 will 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 will be submitted each month
until the Project is completed. Invoices will 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 will 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 will 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 will 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 will 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’s acceptance of the Certificate of Substantial Completion. Final
payment constituting the entire unpaid balance due will be paid by the City 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 will constitute a waiver of all claims by the City 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 as unsettled at the time of final application for
payment. Acceptance of final payment will 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.
2.30 Terms of Contract:
a. ONE TIME CONTRACT
2.31 Audits and Inspections: The contractor and his subcontractors will make available to
the City of Tybee Island for examination of all its records with respect to all matters
covered by this Contract. It will also permit the City of Tybee Island and/or
86
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
will be available for inspection between 8am and 5pm in the main offices of the City of
Tybee Island or during normal business hours at the offices of the Contractor, as
requested by the City of Tybee Island.
2.32 Liquidated Damages: The City and Contractor recognize that time is of the essence of
this Agreement and that the City will suffer financial loss if the work is not completed
within the times specified in the contract, plus any extensions thereof allowed.
The parties also recognize the damages or loss caused by the failure to complete the
work on time is difficult or impossible to accurately estimate, and the parties hereby
stipulate that the sum of Two Thousand Dollars ($2,000) per day is a reasonable pre-
estimate of the probable damages or loss incurred by City for delay in completion of
construction. Accordingly, the City and Contractor agree that as liquidated damages for
delay, Contractor shall be liable to the City for the sum of Two Thousand dollars
($2,000.00) for each day that the work is not completed as specified in the contract and
that this amount of liquidated damages is intended to solely provide for damages
incurred by the City and not as a penalty to Contractor.
2.33 Proposal Surety: Each proposal shall be accompanied by a qualified bond/surety,
cashier's check or certified check in the minimum amount of 5% of the total proposal
price. Proposer will forfeit this amount should it be offered a contract by the City and
refuse or fail to promptly enter into such contract.
2.34 Performance and Payment Bonds:
a. Prior to the Agreement being signed, the Contractor shall furnish to the City of
Tybee Island a Performance Bond issued by a surety company licensed to do
business under the laws of the State of Georgia and satisfactory to the City of
Tybee Island in the amount of one-hundred-percent (100%) of the total contract
amount to ensure the Contractor’s satisfactory performance.
b. Also prior to the Agreement being signed, the Contractor shall furnish to the Cit y
of Tybee Island a Payment Bond issued by a surety company licensed to do
business under the laws of the State of Georgia and satisfactory to the City of
Tybee Island in the amount of one-hundred-percent (100%) of the total contract
amount to ensure the Contractor’s satisfactory payment of subcontractors and
material suppliers.
c. The Contractor shall be solely responsible for keeping the surety informed as to
the total contract price, significant changes in project scope, and overall progress
and completion of project for the entire life of the contract.
d. If the surety on the bonds furnished by the Contractor is declared bankrupt or
becomes insolvent, or it’s right to do business in the State of Georgia is
terminated, the Contractor shall within five (5) calendar days thereafter substitute
other bonds and surety acceptable to the City of Tybee Island. If the Contractor
does not furnish the replacement bonds to the City of Tybee Island within the five
(5) days, the City of Tybee Island may consider the Contractor in material breach
of contract and take appropriate actions.
3 EVALUATION CRITERIA
87
This is not a bid. There will not be a public opening. The Proposals received in
response to this RFP will be evaluated and ranked, by the Proposal Evaluation Team
in accordance with the process and evaluation criteria contained below. Responses
will be evaluated in light of the material and substantiating evidence presented in
the response, and not based on what is inferred. After thoroughly reading and
reviewing this RFP, each t eam member shall conduct his or her independent
evaluation of the proposals received, and grade the responses on their merit in
accordance with the evaluation criteria set forth in the following table.
Criteria Possible
Points
Demonstration of ability to meet or exceed all requirements of the specifications 30
Schedule for the procurement, delivery, and installation of pumps and generators 25
Quality of, and response from, references 15
Cost of services 15
Warranty of pumps and generators 10
How well did the Proposer follow the RFP directions in preparing and submitting
it’s proposal package
5
88
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 RFP and understands fully all that is required of the
successful Proposer. The Proposer further certifies that his/her Proposal will 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 Contract, he/she will:
A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all services
and/or items indicated thereon as specified in this RFP for the proposal amount; or,
B. Enter 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;
COMPANY DATE
SIGNATURE TITLE
TELEPHONE NUMBER
MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council
established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE
certification and development. In order to accurately document participation, businesses submitting bids, quotes or
proposals are encouraged to report ownership status. A minority or women business is defined as a business that is
at least 51% owned and managed by minority or women.
A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of
their certification with their proposal as proof of qualifications. Proposer that intends to engage in joint ventures or
utilize sub-consultants must submit a report of Minority/Women Business Enterprise participation to Melissa
Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328.
African-American\Black_____ Asian American_____ Hispanic_____ Native American_____
Alaskan Indian_____ Female_____
89
ATTACHMENT B
CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1)
By executing this affidavit, the undersigned contractor 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 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 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:
_________________________________
Federal Work Authorization User Identification Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
_________________________________
Name of Project
_________________________________
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__.
_________________________________
NOTARY PUBLIC
My Commission Expires:
90
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 affirmativel y that the individual, firm or corporation which is
engaged in the physical performance of services under a contract with __________________
(name of contractor) on behalf of __________________________________(name of public
employer) has registered with, is authorized to use and uses the federal work authorization
program commonl y known as E-Verify, or an y 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 who 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 business days of receipt. If the undersigned subcontractor receives notice that a sub-
subcontractor has received an affidavit from any other contracted sub-subcontractor, the
undersigned subcontractor must forward, within five business days of receipt, a cop y of the
notice to the contractor. Subcontractor hereby attests that its federal work authorization user
identification number and date of authorization are as follows:
Federal Work Authorization User Identification Number
Date of Authorization
Name of Subcontractor
Name of Project
Name of Public Employe r
I hereb y declare under penalty of perjur y that the foregoing is true and correct.
Executed on____________ ____, 20 in city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or Agent
SUBSCR IBED AND SWORN BEFORE ME
ON THIS THE DAY OF ,20 .
NOTARY PUBLIC
My Commission Expires:
91
ATTACHMENT D
O.C.G.A. § 50-36-1(e)(2) Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________ 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) _________ 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)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_____________________________________________________________________.
In making 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 will 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 ___________________ (city), __________________(state).
_________________________________
Signature of Applicant
_________________________________
Printed Name of Applicant
SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____
_________________________
NOTARY PUBLIC
My Commission Expires:
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ATTACHMENT E
CITY OF TYBEE ISLAND VENDOR INFORMATION
Vendor Name: ________________________________________________________________________
Product or Services Provided: __________________________________________________________
Sales Contact Information
Contact: ___________________________________ Email: ____________________________________
Phone: _____________________________________ Fax: ______________________________________
Address:
_______________________________________________________________________________________
Accounts Receivable Information
Contact: ___________________________________ Email: ____________________________________
Phone: _____________________________________ Fax: ______________________________________
Remittance Address: ___________________________________________________________________
Federal Tax Id #: _______________________________________________________________________
Attach Copy of W-9 and Occupational Tax Certificate
Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property.
Our terms are net 30
93
ATTACHMENT F
CERTIFICATION REGARDING DEBARMENT
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION:
By signing and submitting this proposal, the prospective lower tier participant is providing
the signed certification set out below.
1. The certification referred to in this paragraph is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the City of Tybee Island may pursue available remedies, including
suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the
City if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed
circumstances.
3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier
covered participant,” “persons,” “lower tier covered transaction,” “principal,”
“proposal,” and “voluntarily excluded,” as used in this paragraph, have the meanings
set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549, 49 CFR part 29.
4. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized in writing by the City.
5. The prospective lower tier participant further agrees by submitting this proposal that it
will include the clause titled “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,” without
modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
6. A participant in a covered transaction may rely upon certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which
it determines the eligibility of its principles. Each participant may, but is not required to,
check the Nonprocurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
paragraph. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
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8. Except for transactions authorized under paragraph 4 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the
Federal Government, the City may pursue available remedies, including suspension
and/or debarment.
NAME OF COMPANY: _________________________________________________________
COMPANY TAX ID: ___________________________________________________________
NAME OF AUTHORIZED REPRESENTATIVE: ____________________________________
TITLE OF AUTHORIZED REPRESENTATIVE: _____________________________________
SIGNATURE: _______________________________________ DATE: __________________
95
ATTACHMENT G
PROPOSAL FORM
DIESEL BYPASS PUMPS
RFP# 2019-749
Please enter the total cost of your proposal below. Attach the warranty information on a separate
sheet, and include a breakdown of the materials, installation, and all associated costs for
each lift station.
TOTAL: ______________
__________________________ (Firm)
__________________________ (Signature)
__________________________ (Title)
96
ATTACHMENT H
CHECKLIST FOR SUBMITTING PROPOSAL
Sign below and submit this sheet with your proposal
NOTE: All of the following items must be submitted with your proposal to be considered
“responsive”. Remember to follow the Instructions in the RFP Documents.
ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS _____
(3) REFERENCES AS REQUESTED IN SUBMISSION INSTRUCTIONS _____
W-9 _____
OCCUPATIONAL TAX CERTIFICATE _____
PROPOSAL BOND _____
COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE PROPOSAL:
A. SIGNATURE SHEET _____
B. CONTRACTOR AFFIDAVIT _____
C. SUBCONTRACTOR AFFIDAVIT _____
D. SAVE AFFIDAVIT _____
E. VENDOR INFORMATION _____
F. DEBARMENT CERTIFICATION _____
G. PROPOSAL SHEET AND COST BREAKDOWN _____
H. CHECKLIST _____
__________________________________________
NAME/TILE
__________________________________________
COMPANY NAME
__________________________________________
ADDRESS
__________________________________________
CITY/STATE/ZIP
__________________________________________
PHONE NUMBER
__________________________________________
EMAIL
__________________________________________
SIGNATURE
97
CITY OF TYBEE ISLAND
REQUEST FOR PROPOSAL
RFP NO. 2019-749
ADDENDUM #1
DIESEL BYPASS PUMPS
PROPOSAL DUE: FRIDAY, JANUARY 31, 2020 by 1:00pm
The following information should be considered in preparation of responses to the above named RFP,
and is hereby incorporat ed into the original RFP document. Below are questions from interested vendors
along with corresponding answers.
1. We were wondering if the bid shouldn’t be 2 bids, one for the purchase of the pumps, the
other for a civil contractor to install the pumps. Would the city consider splitting this up?
Yes. The proposal can be presented in the following ways:
a. Proposal for the purchase of pumps only.
b. Proposal for the installation of pumps only.
c. Or a proposal for both the purchase and installation of pumps.
See attachment #1. (If proposal is for purchase of pumps only, the total must include the
cost of delivery to Tybee Island.)
2. Are there plans and drawing of the sites?
Yes. See attachment #2a and b.
3. Would it be possible to perform a site visit before the bid date?
Yes. The vendor may perform a site visit themselves. See attached map and addresses of
pump sites (Attachment #s 3-4).
4. Is it the Bidders responsibility to construct/install the concrete platforms for the pumps?
a. If the proposal is just for the supply of the pumps only, then no.
b. If the proposal includes the installation of the pumps, then yes. The contractor will be
responsible for installation of pumps, piping, concrete pedestals, etc.
All other terms, conditions, specifications, and requirements as noted in the original RFP remain
unchanged and must be met.
Return this signed addendum with your proposal response.
Name of Company: ________________________________________
Name/Title: ______________________________________________
Signature: ________________________________________________ 98
CITY OF TYBEE ISLAND
REQUEST FOR PROPOSAL
RFP NO. 2019-749
ADDENDUM #2
DIESEL BYPASS PUMPS
PROPOSAL DUE: FRIDAY, JANUARY 31, 2020 by 1:00pm
The following information should be considered in preparation of responses to the above named RFP, and
is hereby incorporated int o the original RFP document. Below are questions from interested vendors along
with corresponding answers.
1. Requirement dictate that you provide handrails which require a minimum of 3’ clearance around
the unit to have access to the inside. A 5’ to 6’ elevated stand will have steps 6’ to 8’ extension. Is
there space? Do you want that? Yes. We want elevated stands, with the required steps.
2. Should we acquire predesigned elevated stands from a manufacturer for each application.? Do you
want the contractor to build anything they want? Yes, contractor is to build the elevated stands.
3. Will there be a Pre-Bid Meeting to discuss the Project? No.
4. What about the GPM requirements. 1000 GPM
5. Will there be any electrical notes or details? There are no electrical notes or details.
All other terms, conditions, specifications, and requirements as noted in the original RFP remain
unchanged and must be met.
Return this signed addendum with your proposal response.
Name of Company: ________________________________________
Name/Title: ______________________________________________
Signature: ________________________________________________
99
CITY OF TYBEE ISLAND
REQUEST FOR PROPOSAL
RFP NO. 2019-749
ADDENDUM #3
DIESEL BYPASS PUMPS
PROPOSAL DUE: FRIDAY, JANUARY 31, 2020 by 1:00pm
The following information should be considered in preparation of responses to the above named RFP, and
is hereby incorporated int o the original RFP document. Below are questions from interested vendors along
with corresponding answers.
Question: In the specifications and requirements section, item 15 states capable of at least 1000 gpm.
Do you mean for both the 6’ and 4” pumps? It would be helpful to know what head requirement so
that we know we are quoting the correct pump for the application.
Answer: See table below
FEASABILITY
OF USING
PUMPS
REQUIRED
ELEVATION
LS
ELEVATION
LS
DEPTHS
SUCTION
HEAD
FEET TO
BE
RAISED
LS1 12.5 9.3 18 21.2 YES 3.2
LS2 11.25 8 13 16.25 YES 3.25
LS3 11.25 6 13 18.25 YES 5.25
LS4 11.25 7.3 17 20.95 YES 3.95
LS5 11.25 7 13.6 17.85 YES 4.25
LS6 13.75 10.3 18 22 YES 4
LS7 11.25 8.4 16.6 19.45 YES 2.85
LS8 12.5 6.9 13.6 19.2 YES 5.6
LS9 11.25 7.5 15 18.75 YES 3.75
LS10 11.25 9.1 18.6 20.75 YES 2.15
LS11 NA 7.4 20 27.4 YES
LS12 11.25 5.9 12.6 17.95 YES 5.35
All other terms, conditions, specifications, and requirements as noted in the original RFP remain
unchanged and must be met.
Return this signed addendum with your proposal response.
Name of Company: ________________________________________
Name/Title: ______________________________________________
Signature: ________________________________________________ 100
CITY OF TYBEE ISLAND
REQUEST FOR PROPOSAL
RFP NO. 2019-749
ADDENDUM #4
DIESEL BYPASS PUMPS
PROPOSAL DUE: FRIDAY, JANUARY 31, 2020 by 1:00pm
The following information should be considered in preparation of responses to the above named RFP, and
is hereby incorporated int o the original RFP document. Below are questions from interested vendors along
with corresponding answers.
1. When is the award date for the City of Tybee Island RFP No. 2019-749? The request for award will be
included in the City Council agenda on February 13, 2020.
2. If the City of Tybee Island awards to both pump purchase only and installation only proposers, when is
the City of Tybee Island’s firm delivery deadline for receipt of the (12) pumps by the pump purchase
only proposer? Pumps will need to be delivered no later than April 30, leaving time for the installation
to be completed by May 31, 2020.
3. How will the City of Tybee be addressing the Payment/Performance Bonds? If we submit a proposal
for the purchase of pumps only, are the Payment/Performance Bonds required? If they are required,
then we are assuming the Payment/Performance Bonds will only be based on the purchase amount that
we submit. Please confirm. Payment and Performance Bonds will only be applicable to the contract for
installation of the pumps. They will not be required for the purchase of pumps only.
4. If the City awards to both a pump purchase proposer and an installation proposer, will the City take
ownership of the pumps from the pump purchase proposer upon delivery to the City of Tybee
Island? Please confirm. The City will take ownership of the pumps upon delivery. They will be
delivered to, and stored at, the Wastewater Treatment Plant (923 Bay St, Tybee Island, GA).
5. If the City awards to both a pump purchase proposer and an installation proposer, can the language
pertaining to retainage be waived as stated in Section 2.29 Method of Compensation on Page 13,
Paragraphs 1, 2, 3 and 4 for the pump purchase proposer? Please confirm. Yes, if the City contracts
with a vendor for pumps only, the City will pay the purchase price in full, with no retainage.
All other terms, conditions, specifications, and requirements as noted in the original RFP remain
unchanged and must be met.
Return this signed addendum with your proposal response.
Name of Company: ________________________________________
Name/Title: ______________________________________________
Signature: ________________________________________________ 101
CITY OF TYBEE ISLAND
REQUEST FOR PROPOSAL
RFP NO. 2019-749
ADDENDUM #5
DIESEL BYPASS PUMPS
PROPOSAL DUE: FRIDAY, JANUARY 31, 2020 by 1:00pm
The following information should be considered in preparation of responses to the above named RFP, and
is hereby incorporated int o the original RFP document. Below are questions from interested vendors along
with corresponding answers in red.
Addendum 1 provided another bid form. If we bid “turn-key” shall we add another column for the
total. No. Just put both totals at the bottom of each column.
The ITB provides specific elevation requirements for each installation. Is there or will there be a
TBM provided at each site? Contractor shall verify elevations of site.
Who is to provide fuel for each pump? If the contractor, how much for each pump? Contractor
shall provide necessary fuel for start-up operations plus will provide a full tank of fuel (assume 55
gallon tank).
The plans issued with Addendum 1 provide pipe size, but:
o What type of pipe for suction & discharge? PVC, SS, DIP Protecto 401 DI or 304SS
With what type of joints? Protecto 401 DI or 304SS
o What type of fittings? Any special coating? Protecto 401 DI or 304SS
o How far from the bottom is the suction to be? 12”
o What type material is the wet-well suction pipe support to be constructed? SS
o Any flexible fitting, dismantling fitting or rubber joint at pump connection? Yes, use a
flexible flanged EPDM expansion spool/joint on discharge and suction
o The detail sheet indicates check valves. What type? In-line silent type
The plans indicate 6’x12’ at each pump. Is this the concrete platform or the access
platform? Typically, concrete bases are 6” from all sides larger than the unit. (Some preliminary
vendor sizes are roughly 3.5 x 7.5 and 3.5 x 10) There is flexibility in the size of the stands. In
general, the goal is to have a 1-foot edge around the pump units.
These plan dimensions appear to be only for the concrete support. Most of the plans indicate the
sites may not have sufficient space for the access platforms. Are the fences on the property
lines? Are we to relocate the fences to allow space to provide access to the units? Sites are tight,
and in general, fences should be considered the property line. Fencing can be removed to install
equipment, and then re-installed afterward.
The set of typical stairs to the 5.5’ tall platform will protrude 7.83 feet. Is a permanently mounted
ladder acceptable? A ladder is acceptable. Provide on both long sides.
Are the access platforms to be on one side, 2 sides all sides? One side and one end? Please
inform. Stair/extra platform will be completed later. Provide a stand sufficient in size for the pump
unit plus 1-foot around. Provide ladders on two long sides.
o Is the platform to be attached to the concrete support or self-supported from the ground?
Attached to concrete
o Is it to be 3’ from the concrete? or the from the pump unit? What is the width required for
the platform? Pumps must be to the height of the 500 year flood plan. The difference in
height will depend on how Contractor designs and pours slab.
o Is it to have top rail, mid rail and toe kick? Rails only required around platform.
o What material is the platform to be constructed? All materials or combination of materials
listed below will be acceptable, with the exception of treated wood.
102
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