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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 1 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. 2 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.” 3 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 4 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. 5 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. 6 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. 7 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. 8 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 9 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 10 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 11 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 12 13 14 15 16 17 18 19 20 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 21 22 23 24 25 26 27 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 28 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 29 1 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 30 2 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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 52 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 53 54 55 56 57 58 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 59 1 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. 60 2 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. 61 3 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 62 4 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 63 5 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. 64 6 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 65 7  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. 66 8 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 67 9 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. 68 10 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. 69 11 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 70 12 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 71 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 72 73 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. 74 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*: 75 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 76 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. 77 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 78 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. 79 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- 80 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 81 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. 82 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. 83 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 84 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: 92 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. 94 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 �� All galvanized? �� Galvanized support & grating with alum rails? Or other combination of these 2 materials? �� All aluminum? �� Fiberglass grating & handrail on galvanized or aluminum support? Or any combination? �� Treated wood support, decking and rails with SS hardware or Galvanized hardware? Treated wood will not be an acceptable material �� If aluminum  fabricated or modular ? Either one is acceptable o Or would the City like to build the access platform after the job is completed? No, contractor will complete all aspects of this project. �� Please provide more detail regarding the concrete pump supports. Such as, but not limited to: Contractor shall provide the necessary design, materials, and workmanship for the concrete supports. Contractor shall provide shop drawing plan/calculations to City during submittal process for approval. o Slab and wall thickness. o Rebar o Strength of concrete o Footing size and depth �� Will the City provide testing for the footings bearing and the concrete? Contractor shall provide all testing for the project and provide copies to City for review and approval. o What is the expected bearing available at each site? Assume 1500 psi soils bearing capacity. �� Are the pumps to be anchored with SS anchors due to the  salt air ? Yes �� Addendum 2 indicates no electrical notes or details. o The ITB indicates a block heater for each unit  block heaters are typically not provided in stand-by pumps in our climate; (is this part of a GENSET spec.) Is a block heater required? If block heater is required, does each station have a spare circuit(s) (high amps) of sufficient size to operate a block heater? Block heater is not required. o The ITB indicates trickle charger. Does each station have a spare circuit (these are low amps) for a trickle charger? Or would a mounted solar panel charger be preferred? A spare circuit shall be provided for the trickle charge. o The ITB indicates a liquid level transducer be provided? Please provide type, spec. & details. A set of floats can be provided with the pumps that does not require any 120v power from the existing pump station panel. Floats would be acceptable. 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: ________________________________________________ 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 2019-749 Diesel Bypass Pumps Pumps Only SB Rain for Rent Notes United Rentals Notes Thompson Pump Notes Xylem Notes Goforth Williamson Notes Criteria Possible Points Demonstration of ability to meet or exceed all requirements of the specifications 30 30 Pumps don't have required capacity 15 Doesn't state GPM 30 30 30 Schedule for the procurement and delivery, of pumps and generators 25 5 No delivery schedule 5 No delivery schedule 20 45 to 60 days 15 60-90 days 25 Quality of, and response from, references 15 15 10 No references, however, it is a good company that we have used many times in the past 15 15 10 No references but is a good company that we have dealt with numerous times Cost of services 15 11 8 8 6 6 Warranty of pumps and generators 10 10 1 year warranty 5 1 year warranty 8 2 year warranty 10 2 years 10 4 year warranty How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 5 5 5 5 TOTAL 100 76 48 86 81 86 Criteria Possible Points Primax Notes Holland Pump Notes CDPW Notes AMCO Notes Mersino Notes Demonstration of ability to meet or exceed all requirements of the specifications 30 20 solids handling not as requested 30 30 5 no pump specifications 30 Schedule for the procurement and delivery, of pumps and generators 25 5 No delivery schedule 22 45 to 60 days 5 No delivery schedule 5 No delivery schedule 5 No delivery schedule Quality of, and response from, references 15 15 10 15 0 No references 15 Cost of services 15 13 12 9 15 7 Warranty of pumps and generators 10 5 1 year warranty 5 1 year warranty 5 1 year warranty 5 1 year warranty 7 18 months warranty How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 5 5 5 5 TOTAL 100 63 84 69 35 69 142 2019-749 Diesel Bypass Pumps Installation SB Southern Civil Notes BRW Notes Criteria Possible Points Demonstration of ability to meet or exceed all requirements of the specifications 30 30 Southern Civil has demonstrated the abilty to perform this work by the other jobs they have done for us 30 BRW is capable of any type of construction job Schedule for the installation of pumps and generators 25 20 120 days 15 150 days Quality of, and response from, references 15 15 We have used Southern Civil two times and the jobs were done on time and of excellent quality 15 We have used BRW for many different type projects and each was done on time with excellent quality work Cost of services 15 10 5 How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 5 TOTAL*90 80 70 *Note that the total number of possible points is only 90 143 2019-749 Diesel Bypass Pumps Pumps Only PG Rain for Rent Notes United Rentals Notes Thompson Pump Notes Xylem Notes Goforth Williamson Notes Criteria Possible Points Demonstration of ability to meet or exceed all requirements of the specifications 30 30 BBA 100E for 4" pumps and BBA 150E for 6" pumps: 1255 GPM, Small footprint 10 Pioneer Pumps - Didn't Supply GPM 25 Thompson Pump - 1355 GPM (4") & 2200 GPM (6")20 CD 103M4 (4") & CD103M6 (6") Up to 1000 GPM 30 BBA 100E for 4" pumps and BBA 150E for 6" pumps: 1255 GPM, Small footprint Schedule for the procurement and delivery, of pumps and generators 25 5 No Deleivery Schedule Given 15 10 - 12 Weeks 5 None 20 3 Pumps by 4/15 Other 9 Pumps by 4/30 25 30 to 45 Days Quality of, and response from, references 15 10 3 References 0 None Given 15 5 References 12 4 References 0 None Given Cost of services 15 8 $468,968.79 4 $595,173.21 7 $498,000.00 7 $490,823.10 6 $520,767.00 Warranty of pumps and generators 10 10 2 Years Full Warranty, Sliding Scale through 4 Years 5 1 Year 8 2 Year 8 2 Year 10 2 Years Full Warranty, Sliding Scale through 4 Years How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 3 Missing Information 3 Missing Information 3 Missing Information 5 Everything Supplied 3 Missing Information TOTAL 100 66 37 63 72 74 Criteria Possible Points Primax Notes Holland Pump Notes CDPW Notes AMCO Notes Mersino Notes Demonstration of ability to meet or exceed all requirements of the specifications 30 25 Primax Pumps- 1220 GPM 20 Holland Pump - Upto 1000GPM 22 PAS 100HFS - 1100 GPM 10 AMCO & Loftin Equipmet - No Specifications Given 20 Global Pumps- 1000 GPM Schedule for the procurement and delivery, of pumps and generators 25 5 No Deleivery Schedule Given 20 All Pumps by 4/30 (90 Days)5 None 5 None 5 None Quality of, and response from, references 15 15 5 References 12 4 References 10 3 References 10 3 References 10 3 References Cost of services 15 9 $428,097.00 8 $450,150.00 7 $494,676.00 10 $417,795.00 6 $504,999.99 Warranty of pumps and generators 10 5 1 Year 5 1 Year 5 1 Year 5 1 Year 5 1 Year How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 3 Missing Information 5 Everything Supplied 3 Missing Information 3 Missing Information 3 Missing Information TOTAL 100 62 70 52 43 49 Scoring Notes 144 2019-749 Diesel Bypass Pumps Installation PG Southern Civil Notes BRW Notes Criteria Possible Points Demonstration of ability to meet or exceed all requirements of the specifications 30 25 Good Approach 25 Good Approach Schedule for the installation of pumps and generators 25 25 All Complete by End of May 15 150 Days Quality of, and response from, references 15 15 6 References 10 3 References Cost of services 15 15 $598,275.00 7 $993,450.00 How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 Everything Included 5 Everything Included TOTAL*90 85 62 *Note that the total number of possible points is only 90 145 2019-749 Diesel Bypass Pumps Pumps Only SB PG Total SB PG Total SB PG Total SB PG Total SB PG Total Criteria Possible Points Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Demonstration of ability to meet or exceed all requirements of the specifications 30 30 30 15 10 30 25 30 20 30 30 Schedule for the procurement and delivery, of pumps and generators 25 5 5 5 15 20 5 15 20 25 25 Quality of, and response from, references 15 15 10 10 0 15 15 15 12 10 0 Cost of services 15 11 8 8 4 8 7 6 7 6 6 Warranty of pumps and generators 10 10 10 5 5 8 8 10 8 10 10 How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 3 5 3 5 3 5 5 5 3 TOTAL 100 76 66 142 48 37 85 86 63 149 81 72 153 86 74 160 SB PG Total SB PG Total SB PG Total SB PG Total SB PG Total Criteria Possible Points Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Demonstration of ability to meet or exceed all requirements of the specifications 30 20 25 30 20 30 22 5 10 30 20 Schedule for the procurement and delivery, of pumps and generators 25 5 5 22 20 5 5 5 5 5 5 Quality of, and response from, references 15 15 15 10 12 15 10 0 10 15 10 Cost of services 15 13 9 12 8 9 7 15 10 7 6 Warranty of pumps and generators 10 5 5 5 5 5 5 5 5 7 5 How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 3 5 5 5 3 5 3 5 3 TOTAL 100 63 62 125 84 70 154 69 52 121 35 43 78 69 49 118 Rain for Rent United Rentals Thompson Pump Xylem Goforth Williamson Primax Holland Pump CDPW AMCO Mersino 146 2019-749 Diesel Bypass Pumps Installation SB PG Total Criteria Possible Points Points Awarded Points Awarded Demonstration of ability to meet or exceed all requirements of the specifications 30 30 25 Schedule for the installation of pumps and generators 25 20 25 Quality of, and response from, references 15 15 15 Cost of services 15 10 15 How well did the Proposer follow the RFP directions in preparing and submitting it’s proposal package 5 5 5 TOTAL*90 80 85 165 *Note that the total number of possible points is only 90 Southern Civil 147 SB PG Total Points Awarded Points Awarded 30 25 15 15 15 10 5 7 5 5 70 62 132 BRW 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 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: 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. 175 CITY OF TYBEE ISLAND REQUEST FOR PROPOSAL RFP NO. 2019-748 ADDENDUM #1 – January 16, 2020 JAYCEE PARK RESTROOMS PROPOSAL DUE: THURSDAY, JANUARY 23, 2020 by 2:00pm 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, and notes from the pre-bid conference. Questions for Clarification 1. Question: Substitution request for the Jaycee Park Restroom facility project. See attached documentation showing Accurate partitions is equal to the specification. Response: Drawings are noted incorrectly, please follow specification manual. Accurate partitions acceptable as a manufacturer, however panel material and connections to be stainless steel. 2. Question: Key Resin has an equivalent to the BASF Mastertop 1234 specified. It is Key Quartz B-125. Attached is a technical data sheet and over 400 references in Georgia and South Carolina. Request is for substitution. Response: Acceptable. 3. Question: Special Conditions, 3.3 Bid Items states there is an Alternate to provide shingles in lieu of metal roofing. Attachment G – Bid Sheet does not provide a space to where the alternate price. Please provide a revised bid form. Response: Please delete item “Special Conditions-3.3 Bid Items” – to delete alternate to provide shingle roof. Please provide price for metal roofing only. 4. Question: The clarify statement on Attachment G – “Please attach all specifications regarding materials, installation, and warranties.” What additional paperwork is required to be provided with the bid sheet? Response: No specifications regarding materials, installation and warranties are required at time of bid. New form will not be issued. 5. Question: Per drawing MPO.1 Non-Potable Water System states to provide CPVC but we would like to know if we can provide PEX pipe and fittings. Please clarify if this is acceptable. Response: Please use specified CPVC. PEX is not acceptable for use on water piping. The reduction in pipe diameter at the fittings is too high for the water flow need ed. 6. Question: Provide a finished floor elevation for building slab. Response: Finish floor coordinated in field to be 6” higher than highest grade elevation. 7. Question: On page A0.2 what is the length of the new sidewalk? Response: Please provide for sidewalk to be 40’ long x 5’wide, broom finish. 8. Question: Are porch posts to be 8x8 or 6x6? Response: Post are to be 8x8. See architectural. 176 9. Door #104 is shown as a double 6’ wide but door schedule calls out a 3’ door, which is it? Is the door panel elevation the same as door 1? Response: There will be (2) 3’-0 wide doors as per the elevation for door #104. One door to have venting, one door to be flush panel as per elevations as shown on 1/A3.1. 10. Provide missing hardware schedule for doors 102,104,105. Response: Please base hardware for thes openings same as other doors, Hardware Set No 1. 11. Page A1.1 shows two benches but no specifications is G.C. to provide them? Response: Yes. Benches are to be stainless steel and to be provided by the stainless steel toilet partition manufacturer, Benches to be secured to partitions and/or walls, and size to be as per 1/A1.1- with a minimum depth of 16”, +/- 6’-8” long. 12. Provide a clarification for items 5,6,7 & 14 under Foundation Subsurface Preparation on page S0.1. Is the G.C. responsible for the costs of removing the existing subsurface materials and replacing them? Response: New building to be placed in location of recently demolished restroom building. Contractor is responsible for verification that soil preparation and subsurface conditions are clean and acceptable for new building slab. 13. Are the porch rafters to be 3x8 or 3x10? S2.0 calls for 3x8 and S3.1 calls for 3x10. Response: Porch rafters are 3x10. 14. Page S0.1 calls for #2 SYP lumber for all rafters and joists, Page S2.0 calls for #1 SYP for all roof framing and box headers, which is it to be? Response: Please use #1 SYP 15. The A pages call out ¾” plywood on the roof and the S pages call out 5/8” plywood or osb, which is it? Response: Roof sheathing to be ¾” plywood, with 1x6 exposed butt boards below. Clarifications to the documents/Pre-Bid questions as follows: - Sewer and water will be available at the site - No civil drawings in bid packet- there are not going to be civil drawings. The new building will be constructed in essentially the same location as previous restrooms. - No tree removal needed on site. - City will furnish permits. - Put down plywood over sections of walking track - Power may be accessed from the ball field score box or the guardhouse - The city will landscape once it is complete, but contactor is required to stabilize the area. - The City will waive drainage requirements because the project is on City land and slopes to their drainage. - It is located in a flood zone - They will need to tie into sidewalks - It is a slab on grade. - They city/county will perform the building inspections, Architect/Greenline will do quality inspections. 177 - Working Hours- 7-7 on weekdays and 10-5 on weekends (they can leave equipment there before and after those hours) - Schedule- project expected to be awarded in March. Project has 120 days to complete (no rain days on top of that). Please see specification manual for additional information. - City of Tybee will not require certified payrolls - Liquidated damages, per section 2.32- are being calculated for days above and beyond the 120 calendar days for allowed for construction per item 3.4. 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: ________________________________________________ 178 179 180 181 182 183 184 185 186 187 188 189 PRIMARY CODES AND SPECIFICATIONS 1.REFERENCE TO CODES AND STANDARD SPECIFICATIONS OF ANY TECHNICAL ORGANIZATION OR ASSOCIATION, OR TO CODES OF LOCAL OR STATE AGENCIES SHALL MEAN THE LATEST EDITION OF CODE OR SPECIFICATION ADOPTED AT THE TIME THE PROJECT IS TO BE CONSTRUCTED UNLESS APPROVED OTHERWISE IN WRITING THE ENFORCING AGENCY. 2.GENERAL BUILDING CODE: A.INTERNATIONAL BUILDING CODE, 2012 EDITION WITH GEORGIA AMENDMENTS. 3.CONCRETE CODES: A.ACI 318-05 BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE. B.ACI 301, LATEST EDITION, SPECIFICATIONS FOR STRUCTURAL CONCRETE FOR BUILDINGS. C.LATEST EDITION OF CRSI MANUAL OF STANDARD PRACTICE & ALL SUPPLEMENTS. 4.STRUCTURAL STEEL CODES: A.AISC 360-10 SPECIFICATION FOR STRUCTURAL STEEL BUILDINGS. B.AISC 303-10 CODE OF STANDARD PRACTICE FOR STEEL BUILDINGS AND BRIDGES. C.SPECIFICATION FOR STRUCTURAL JOINTS USING HIGH-STRENGTH BOLTS, DECEMBER 31, 2009. 5.CONCRETE MASONRY: A.ACI 530-05 BUILDING CODE REQUIREMENTS FOR MASONRY STRUCTURES. B.ACI 530.1-05 SPECIFICATIONS FOR MASONRY STRUCTURES. 6.WOOD CONSTRUCTION: A.NDS-2015 NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION B.NDS SUPPLEMENT, 2015 EDITION C.SDPWS-2015 SPECIAL DESIGN PROVISIONS FOR WIND AND SEISMIC WITH COMMENTARY DESIGN LOADS 1.GRAVITY LOADS (REFERENCE ASCE 7-10): UNIFORMLY DISTRIBUTED DEAD LOADS ROOF 15 PSF GROUND FLOOR 100 PSF CEILIING 5 PSF HVAC & LIGHTING 3 PSF UNIFORMLY DISTRIBUTED LIVE LOADS ROOF 20 PSF GROUND FLOOR 150 PSF 2.WIND LOAD (REFERENCE ASCE 7-10): BASIC WIND SPEED, 3 SEC GUST Vult = 140 MPH (FIGURE 26.5-1B) Vasd = 108 MPH RISK CATEGORY II (TABLE 1.5-1) EXPOSURE CATEGORY D (SECTION 26.7.3) INTERNAL PRESSURE COEFFICIENT GCpi = +/- 0.18 (TABLE 26.11-1) IN ACCORDANCE WITH ASCE 7-10 THIS STRUCTURE IS LOCATED IN A WIND-BORNE DEBRIS REGION. 3.SNOW LOAD (REFERENCE ASCE 7-10): GROUND SNOW LOAD Pg = 5 PSF (FIGURE 7-1) EXPOSURE FACTOR, TERRAIN CATEGORY B Ce = 0.90 (TABLE 7-2) THERMAL FACTOR Ct = 1.0 (TABLE 7-3) IMPORTANCE FACTOR I = 1.0 (TABLE 1.5-2) 4.SEISMIC LOAD (REFERENCE ASCE 7-10): RISK CATEGORY II (TABLE 1.5-1) SOIL SITE CLASSIFICATION D (SECTION 11.4.2) IMPORTANCE FACTOR I = 1.0 (TABLE 11.5-2) SPECTRAL RESPONSE AT SHORT PERIOD Sds = 0.317g SPECTRAL RESPONSE AT 1 SEC.Sd1 = 0.184g SEISMIC DESIGN CATEGORY SDC = C SEISMIC FORCE RESISTING SYSTEM LIGHT FRAME WOOD WALLS SHEATHED WITH WOOD STRUCTURAL PANELS RATED FOR SHEAR RESISTANCE DETAILED RESPONSE MODIFICATION FACTOR R = 6.5 SEISMIC RESPONSE COEFFICIENT Cs = 0.049 DESIGN BASE SHEAR V = Cs x W GENERAL REQUIREMENTS 1.DRAWINGS SHOW TYPICAL AND CERTAIN SPECIFIC CONDITIONS ONLY. FOR DETAILS NOT SPECIFICALLY SHOWN PROVIDE DETAILS SIMILAR TO THOSE SHOWN. 2.THE CONTRACTOR IS SOLELY RESPONSIBLE FOR THE DESIGN, ADEQUACY, AND SAFETY OF ERECTION BRACING, SHORING, TEMPORARY SUPPORTS, MEANS AND METHODS, ETC. THE STRUCTURAL ELEMENTS ARE NOT STABLE UNTIL THE STRUCTURE IS COMPLETE. 3.COORDINATE AND VERIFY ANY FLOOR AND ROOF OPENINGS, SIZES AND LOCATIONS WITH ARCHITECTURAL, MECHANICAL, PLUMBING, ELECTRICAL DRAWINGS, AND OWNERS EQUIPMENT. FOR ADDITIONAL OPENINGS, INSERTS, SLEEVES, CURBS, PADS, ETC. NOT SHOWN ON THE STRUCTURAL DRAWINGS, SEE CIVIL, ARCHITECTURAL, MECHANICAL, PLUMBING AND ELECTRICAL DRAWINGS. 4.REVIEW OF SHOP DRAWINGS AND OTHER SUBMITTALS BY THE ARCHITECT AND ENGINEER DOES NOT RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY TO REVIEW AND CHECK SHOP DRAWINGS BEFORE SUBMITTAL TO THE ENGINEER. THE CONTRACTOR REMAINS SOLELY RESPONSIBLE FOR ERRORS AND OMISSIONS ASSOCIATED WITH THE DIMENSIONS SPECIFIED IN THE CONTRACT DOCUMENTS. CONTRACTOR IS ALSO RESPONSIBLE FOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES OF CONSTRUCTION. 5.DO NOT SCALE DRAWINGS. FOLLOW DIMENSIONS SHOWN ON PLANS OR OBTAIN ADDITIONAL INFORMATION IN WRITING FROM THE ARCHITECT. 6.WHERE A SECTION, TYPICAL SECTION, DETAIL, TYPICAL DETAIL OR PLAN NOTE IS SHOWN FOR ONE CONDITION, IT SHALL APPLY TO ALL LIKE OR SIMILAR CONDITIONS UNLESS NOTED OTHERWISE. 7.THE CONTRACTOR SHALL COMPLY WITH ALL LOCAL, STATE, FEDERAL AND OSHA REGULATIONS. SHOP DRAWINGS 1.STRUCTURAL DRAWINGS ARE INTENDED TO BE USED IN CONJUNCTION WITH ARCHITECTURAL, PLUMBING, MECHANICAL, ELECTRICAL AND SITE DRAWINGS. CONTRACTOR SHALL COORDINATE THE WORK OF OTHER TRADES THAT MAY AFFECT CONSTRUCTION OF THE STRUCTURE. 2.CONTRACTOR SHALL SUBMIT SHOP DRAWINGS FOR ALL FABRICATED MATERIALS TO THE ARCHITECT FOR REVIEW AS REQUIRED BY THE CONTRACT DRAWINGS. 3.CONTRACTOR SHALL REVIEW AND ADDRESS ALL INQUIRIES SHOWN ON SHOP DRAWINGS BY THE TRADE PREPARING THE SHOP DRAWINGS PRIOR TO SUBMITTING TO THE ARCHITECT FOR REVIEW. CONTRACTOR SHALL AFFIX HIS REVIEW STAMP ON SHOP DRAWINGS AND INDICATE ANY CORRECTIONS THAT MAY BE REQUIRED PRIOR TO SUBMITTING TO THE ARCHITECT. SHOP DRAWINGS NOT REVIEWED BY THE CONTRACTOR PRIOR TO SUBMISSION TO THE ARCHITECT SHALL BE REJECTED AND RETURNED UNLESS PRIOR ARRANGEMENTS HAVE BEEN APPROVED IN WRITING BY THE ARCHITECT. 4.SHOP DRAWINGS REJECTED TWO CONSECUTIVE TIMES WILL RESULT IN ADDITIONAL COMPENSATION TO BE PAID TO THE STRUCTURAL ENGINEER OF RECORD FOR EACH ADDITIONAL REVIEW. 5.SHOP DRAWINGS REQUIRING SPECIAL ENGINEERING DESIGN BY THE FABRICATOR SHALL BEAR THE SEAL OF THE REGISTERED PROFESSIONAL ENGINEER RESPONSIBLE FOR THE DESIGN AND LICENSED IN THE STATE WHERE THE CONSTRUCTION WILL OCCUR PRIOR TO SUBMITTING TO THE ARCHITECT FOR REVIEW. 6.REVIEW OF SHOP DRAWINGS BY THE ARCHITECT AND ENGINEER DOES NOT RELIEVE THE CONTRACTOR OF THE SOLE RESPONSIBILITY FOR ERRORS AND OMISSIONS ASSOCIATED WITH THE PREPARATION OF THE SHOP DRAWINGS. 7.REPRODUCTION, REUSE OR DUPLICATION OF THE STRUCTURAL DRAWINGS FOR USE BY THE CONTRACTOR, ANY SUBCONTRACTOR, FABRICATOR OR MATERIAL SUPPLIER IS PROHIBITED UNLESS APPROVED IN WRITING. SHOULD THE CONTRACTOR OR HIS SUBCONTRACTORS ELECT TO PRODUCE SHOP DRAWINGS BY COPYING ELECTRONIC OR PAPER COPIES OF THE STRUCTURAL DRAWINGS, THE CONTRACTOR SHALL REQUEST FROM THE ENGINEER OF RECORD A SHOP DRAWING WAIVER ALONG WITH THE SPECIFIC SHEETS REQUIRED. SIGNATURE OF THE WAIVER BY THE CONTRACTOR ALONG WITH PAYMENT OF A FEE OF $500.00 TO THE ENGINEER OF RECORD SHALL BE REQUIRED. BY SIGNING THE WAIVER, THE CONTRACTOR ACCEPTS ALL INFORMATION SHOWN TO BE CORRECT AND OBLIGATES HIMSELF TO ANY JOB EXPENSE ARISING DUE TO ANY ERRORS OR OMISSIONS SHOWN THEREIN. FOUNDATION SUBSURFACE PREPARATION 1.SPREAD AND STRIP FOOTINGS ARE DESIGNED FOR A MAXIMUM SAFE ALLOWABLE SOIL BEARING PRESSURE OF 1,500 PSF AND SHALL BE VERIFIED PRIOR TO MATERIAL PURCHASE OR CONSTRUCTION. 2.UNLESS NOTED OTHERWISE IN THE DRAWINGS, THE LIMITS OF THIS SUBSURFACE REPARATION ARE CONSIDERED TO BE THAT PORTION OF THE SITE DIRECTLY BENEATH AND 10 FEET BEYOND THE BUILDING AND ITEMS ATTACHED TO THE BUILDING PROPER. 3.ALL SUBSURFACE PREPARATION PROCEDURES SHALL BE PERFORMED UNDER THE OBSERVATION OF AN APPROVED TESTING LABORATORY SUPERVISED BY A LICENSED PROFESSIONAL ENGINEER. 4.CONTRACTOR SHALL REMOVE ALL EXISTING FOUNDATIONS, SLABS, PAVEMENTS AND BELOW-GRADE STRUCTURES THAT ARE LOCATED WITHIN THE LIMITS OF SUBSURFACE PREPARATION. 5.CONTRACTOR SHALL STRIP AND REMOVE ALL SURFACE VEGETATION, TOPSOIL, ROOT SYSTEMS, ORGANIC MATERIAL, AND SOFT OR OTHERWISE UNSUITABLE MATERIAL FROM THE BUILDING AREA. THE DEPTH OF STRIPPING SHALL BE THAT REQUIRED TO REMOVE SIGNIFICANT ROOT ZONES, TREE STUMPS AND OTHER UNACCEPTABLE MATERIALS, BUT IN NO CASE SHALL THE DEPTH OF STRIPPING BE LESS THAN 24". 6.COMPACT THE UPPER 24" OF EXPOSED SUBGRADE TO A MINIMUM DENSITY OF 95% MODIFIED PROCTOR (ASTM D 1557) BY PROOFROLLING THE EXPOSED SUBGRADE IN OVERLAPPING PASSES WITH A PNEUMATIC TIRE TANDEM AXLE DUMP TRUCK WEIGHING AT LEAST 20 TONS OR OTHER APPROVED DEVISE. REMOVE AND REPLACE UNSUITABLE AREAS WHICH DO NOT STABILIZE AFTER SUCCESSIVE PASSES OF PROOF- ROLLING EQUIPMENT AS DIRECTED BY THE GEOTECHNICAL ENGINEER. 7.THE GEOTECHNICAL ENGINEER SHALL BE THE SOLE JUDGE AS TO THE SUITABILITY OF ALL FOUNDATION AND/OR SLAB BEARING STRATA. USE OF STABILIZATION FABRIC MAY BE REQUIRED BY THE GEOTECHNICAL ENGINEER. 8.PLACE STRUCTURAL FILL IN THE PREPARED AREA IN 8" TO 10" LIFTS. COMPACT EACH LIFT TO A MINIMUM DENSITY OF 95% MODIFIED PROCTOR (ASTM D 1557). MATERIAL USED AS STRUCTURAL FILL SHALL BE NON-PLASTIC GRANULAR MATERIAL CONTAINING LESS THAN 15% FINES PASSING THROUGH THE NO. 200 SIEVE AND BE FREE OF ORGANICS, ROOTS, OR OTHER DELETERIOUS MATERIALS. MOISTURE CONTENT FOR GRANULAR FILL MATERIAL SHALL BE WITHIN +/- 3% OF THE OPTIMUM MOISTURE CONTENT AS DETERMINED BY THE MODIFIED PROCTOR TEST AT THE TIME OF PLACEMENT AND COMPACTION. 9.SIDES OF FOUNDATIONS SHALL BE FORMED UNLESS CONDITIONS PERMIT EARTH FORMING. FOUNDATIONS POURED AGAINST THE EARTH REQUIRE THE FOLLOWING PRECAUTIONS: SLOPE SIDES OF EXCAVATIONS AS APPROVED BY THE GEOTECHNICAL ENGINEER AND REQUIRED BY OSHA 1926.652. CLEAN UP SLOUGHING BEFORE AND DURING CONCRETE PLACEMENT. 10.SUPPORT SLAB REINFORCING WITH PLASTIC OR STAINLESS STEEL SUPPORTS AT 4'-0" O.C. EACH WAY IN THE TOP HALF OF THE SLAB. PROVIDE A 10 MIL (MINIMUM) POLYETHYLENE VAPOR BARRIER BENEATH THE FLOOR SLAB WITH JOINTS LAPPED NOT LESS THAN 6" AND TAPED. 11.SUPPORT BOTTOM REINFORCING IN FOOTINGS WITH PLASTIC OR STAINLESS STEEL CHAIRS SPACED A MAXIMUM OF 4'-0" EACH WAY. 12.PROTECT STRUCTURES, UTILITIES, SIDEWALKS, PAVEMENTS, AND OTHER FACILITIES FROM DAMAGE CAUSED BY SETTLEMENT, LATERAL MOVEMENT, UNDERMINING, WASHOUT, AND OTHER HAZARDS CREATED BY EARTHWORK OPERATIONS. 13.PREVENT SURFACE WATER AND GROUND WATER FROM ENTERING EXCAVATIONS, FROM PONDING ON PREPARED SUBGRADE AND FROM FLOODING THE PROJECT SITE AND SURROUNDING AREA. 14.NOTIFY THE ARCHITECT AND THE OWNER'S REPRESENTATIVE IMMEDIATELY IF UNUSUAL SOIL CONDITIONS ARE FOUND. REINFORCED CONCRETE 1.ALL CONCRETE WORK SHALL CONFORM TO ACI 301, "SPECIFICATIONS FOR STRUCTURAL CONCRETE FOR BUILDINGS", LATEST EDITION. DESIGN IS BASED ON ACI 318, "BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE", LATEST EDITION. 2.UNLESS NOTED OTHERWISE ALL CONCRETE SHALL A 28-DAY COMPRESSIVE STRENGTH AND DENSITY AS FOLLOWS: STRENGTH DENSITY % AIR PSI PCF FOUNDATIONS 3,500 145 3% SLABS ON GRADE 4,000 145 3% 3.THE CONTRACTOR SHALL SUBMIT ALL CONCRETE MIX DESIGNS TO THE ARCHITECT FOR REVIEW PRIOR TO CONSTRUCTION. CONCRETE MIX DESIGNS SHALL BE PREPARED BY AN APPROVED TESTING AGENCY AND COMPLY WITH ACI 318 SECTION 5.3. MIX DESIGN DATA SHALL INCLUDE AS A MINIMUM AVERAGE 28 DAY STRENGTH, NUMBER OF SAMPLES TESTED, AND STANDARD DEVIATION. TEST RESULTS SHALL NOT BE MORE THAN 24 MONTHS OLD AT THE TIME OF SUBMITTAL. 4.USE OF CALCIUM CHLORIDE IONS OR OTHER SALTS IN CONCRETE IS NOT PERMITTED. 5.REINFORCING SHALL CONFORM TO ASTM A615, GRADE 60 UNLESS NOTED OTHERWISE. 6.WELDED WIRE FABRIC SHALL CONFORM TO ASTM A185, GRADE 60 AND SHALL BE PROVIDED IN FLAT SHEETS. ROLLED WELDED WIRE FABRIC IS NOT PERMITTED. 7.WELDED WIRE FABRIC SHALL BE PLACED 2" BELOW TOP OF SLAB. LAP WELDED WIRE FABRIC 6" MINIMUM ON SIDES AND ENDS. STAGGER EACH SPLICE. 8.SUBMIT SHOP DRAWINGS TO THE ARCHITECT FOR REVIEW. DETAIL CONCRETE REINFORCEMENT AND ACCESSORIES IN ACCORDANCE WITH LATEST EDITION OF THE ACI DETAILING MANUAL. SHOP DRAWINGS SHALL INDICATE ALL FABRICATION DIMENSIONS AND LOCATIONS FOR PLACING REINFORCING STEEL AND ACCESSORIES. DETAIL ALL CONCRETE WALLS AND BEAMS IN ELEVATION UNLESS SPECIFICALLY APPROVED OTHERWISE. CUT SECTIONS SHOWING BAR LOCATIONS AND CONCRETE COVER. DO NOT BEGIN FABRICATION UNTIL SHOP DRAWINGS ARE COMPLETED AND APPROVED. 9.TIE ALL REINFORCING STEEL AND EMBEDDED ITEMS SECURELY IN PLACE PRIOR TO PLACING CONCRETE. PROVIDE SUFFICIENT SUPPORTS TO MAINTAIN POSITION OF REINFORCEMENT WITHIN SPECIFIED TOLERANCES DURING ALL CONSTRUCTION ACTIVITIES. "STICKING" DOWELS INTO WET CONCRETE IS NOT PERMITTED. 10.PROVIDE CONTINUOUS REINFORCEMENT WHEREVER POSSIBLE. SPLICE REINFORCEMENT ONLY AS SHOWN OR APPROVED. STAGGER SPLICES WHERE POSSIBLE. WHERE NO SPLICE CLASS IS INDICATED, USE CLASS "B" SPLICE. BOTTOM BAR SIZE NORMAL WEIGHT CONCRETE, f 'c (PSI) 3,000 4,000 5,000 #6 AND SMALLER 57 DIA. 49 DIA. 44 DIA. #7 AND LARGER 71 DIA. 62 DIA. 55 DIA. INCREASE THE ABOVE LAP LENGTHS BY 1.3 FOR TOP BARS AND 1.7 FOR LIGHTWEIGHT CONCRETE. 11.REINFORCING STEEL SHALL HAVE THE FOLLOWING CONCRETE COVER UNLESS NOTED OTHERWISE: UNFORMED CONCRETE CAST AGAINST EARTH 3" FORMED CONCRETE EXPOSED TO EARTH OR WEATHER #6 BARS AND LARGER 2" #5 BARS AND SMALLER 1 1/2" FORMED CONCRETE NOT EXPOSED TO EARTH OR WEATHER SLABS, JOISTS AND WALLS 3/4" BEAMS, GIRDERS, AND COLUMNS 1 1/2" 12.DO NOT WELD OR TACK WELD REINFORCING STEEL UNLESS APPROVED OR DIRECTED BY THE STRUCTURAL ENGINEER. 13.FLOOR FINISH TOLERANCES FOR INTERIOR SLABS SHALL BE MEASURED IN ACCORDANCE WITH ACI 302 SLAB CLASS 5 AND ASTM E1155. MINIMUM FLATNESS VALUES SHALL BE AS FOLLOWS: SPECIFIED OVERALL VALUE (SOV)Ff GREATER THAN OR EQUAL TO 25 Fl GREATER THAN OR EQUAL TO 20 MINIMUM LOCAL VALUE (MLV)Ff GREATER THAN OR EQUAL TO 15 Fl GREATER THAN OR EQUAL TO 12 EXTERIOR SLABS SHALL DRAIN FREELY WITH A MAXIMUM VARIATION FROM THE INDICATED PLAN OF 1/4" IN 10'-0". 14.ALL MIXING, TRANSPORTING, PLACING AND CURING OF CONCRETE SHALL BE DONE IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE AMERICAN CONCRETE INSTITUTE. 15.PLACEMENT OF CONCRETE, COLD AND HOT WEATHER PRECAUTIONS, MATERIAL AND PROPORTIONING REQUIREMENTS, REBAR COVER AND DETAILING SHALL CONFORM TO THE REQUIREMENTS OF ACI 318. 16.CONTROL JOINTS IN SLABS ON GRADE SHALL BE SAW CUT AS SOON AS CONCRETE HARDENS SUFFICIENTLY TO PREVENT RUTTING OR PULLING AGGREGATE FROM SLAB BUT IN NO CASE MORE THAN 12 HOURS AFTER PLACING THE CONCRETE. PREVENT SHRINKAGE CRACKING. 17.CONTROL JOINTS SHALL BE SAW CUT INTO THE SLAB AT A MINIMUM DEPTH OF 1/4 THE SLAB THICKNESS. 18.CONSTRUCTION JOINTS IN SLABS SHALL BE USED IN LIEU OF CONTROL JOINTS WHERE NEEDED TO INTERRUPT A CONTINUOUS POUR. SLAB CONSTRUCTION JOINTS SHALL BE KEYED. 19.PLUMBING LINES AND ELECTRIC CONDUITS SHALL BE PLACED BELOW THE SLAB AND NOT WITHIN THE SLAB. VERTICAL PENETRATIONS ARE ALLOWED. 20.COLUMN BOX-OUTS SHALL BE CLEAN AND FREE OF DEBRIS PRIOR TO FILLING WITH CONCRETE. PROVIDE A 1/2" PEJ AT PERIMETER OF BOX-OUT PRIOR TO FILLING WITH CONCRETE. REINFORCED CONCRETE MASONRY 1.CONCRETE MASONRY DESIGN AND CONSTRUCTION SHALL CONFORM TO THE PROVISIONS OF ACI 350/ ASCE 5/TMS 402 "BUILDING CODE REQUIREMENTS FOR MASONRY STRUCTURES" AND AC1 530/ASCE 6/ TMS 602 "SPECIFICATION FOR MASONRY STRUCTURES". 2.PROVIDE HOLLOW, LOAD BEARING CONCRETE MASONRY UNITS (CMU) CONFORMING TO ASTM C90, TYPE 1 WITH A MAXIMUM DENSITY OF 105 PCF UNLESS NOTED OTHERWISE. 3.PROVIDE CONCRETE MASONRY WITH A MINIMUM COMPRESSIVE STRENGTH, f'm = 1,500 PSI CORRESPONDING TO A UNIT STRENGTH OF 2,000 PSI ON NET CROSS SECTIONAL AREA OF CMU DETERMINED IN ACCORDANCE WITH ASTM C140. 4.PROVIDE TYPE "S" MORTAR IN ACCORDANCE WITH ASTM C270 UNLESS NOTED OTHERWISE. MORTAR BED JOINTS SHALL NOT EXCEED 3/8" THICKNESS. 5.GROUT FOR REINFORCED MASONRY SHALL HAVE A MINIMUM 28 DAY COMPRESSIVE STRENGTH OF 2,000 PSI WITH A MAXIMUM AGGREGATE SIZE OF 3/8" IN ACCORDANCE WITH ASTM C476 UNLESS NOTED OTHERWISE. 6.REINFORCING BARS SHALL CONFORM TO ASTM A615, GRADE 60 UNLESS NOTED OTHERWISE. LAP ALL REINFORCING BARS 48 BAR DIAMETERS AT SPLICES. VERTICAL REINFORCING BARS SHALL BE HELD IN POSITION WITH WITH PRE-MANUFACTURED TIES AT TOP AND BOTTOM AND AT INTERVALS NOT TO EXCEED 200 BAR DIAMETERS OF THE REINFORCING NOR 10 FEET. 7.PROVIDE TRUSS OR LADDER TYPE HORIZONTAL JOINT REINFORCEMENT COMPLYING WITH ASTM A82 WITH A MINIMUM OF (2) 9 GAGE LONGITUDINAL RODS AND 9 GAGE CROSS RODS PLACED AT 16" O.C. VERTICALLY UNLESS NOTED OTHERWISE. REINFORCED CONCRETE MASONRY CONT'D 8.LAY MASONRY UNITS IN RUNNING BOND PATTERN UNLESS NOTED OTHERWISE. 9.SHOP DRAWINGS SHALL BE SUBMITTED FOR APPROVAL SHOWING ALL FABRICATION DIMENSIONS AND LOCATIONS FOR PLACING REINFORCING STEEL AND ACCESSORIES. 10.ALL CMU CELLS BELOW FINISH FLOOR SHALL BE GROUTED SOLID. 11.PROVIDE (2) #5x30"x30" HORIZONTAL CORNER BARS AT CHANGES IN DIRECTION OF BOND BEAM. WHERE BOND BEAMS INTERRUPTED BY OPENINGS, HOOK 12" INTO REINFORCED JAMB. 12.ALL MASONRY WALLS SHOWN ON THESE STRUCTURAL DRAWINGS HAVE BEEN DESIGNED TO RESIST THE REQUIRED VERTICAL AND LATERAL FORCES IN THE FINAL CONFIGURATION ONLY. IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO ADEQUATELY BRACE THE WALLS FOR VERTICAL AND LATERAL LOADS THAT COULD POSSIBLY BE APPLIED PRIOR TO COMPLETION OF LATERAL SUPPORT BY CONNECTIONS AT FLOOR OR ROOF FRAMING LOCATIONS. WOOD FRAMING 1.ALL STRUCTURAL LUMBER DESIGN SHALL CONFORM TO THE REQUIREMENTS OF THE NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION. 2.LOCATION, NUMBER, AND DIMENSIONS OF FRAMING MEMBERS SHOW GENERAL ARRANGEMENT ONLY. ACTUAL SPANS, SPACINGS, ETC. SHALL BE DETERMINED FROM ARCHITECTURAL DETAILS. 3.SEE ARCHITECTURAL PLANS AND DETAILS FOR EDGE SECTIONS, HEADER AND LINTEL LOCATIONS, AND ALL NON-STRUCTURAL FRAMING AND TRIM. 4.ALL WOOD FRAMING MATERIAL SHALL BE SURFACED DRY AND USED AT 19% MAXIMUM MOISTURE CONTENT. 5.ALL STUD AND WALL FRAMING SHALL BE NO. 2 SOUTHERN YELLOW PINE. STUD GRADE MATERIAL IS STRICTLY PROHIBITED FROM USE ON THIS PROJECT. 6.ALL JOIST, RAFTER, AND MISCELLANEOUS FRAMING SHALL BE NO. 2 SOUTHERN YELLOW PINE. PROVIDE FULL DEPTH BLOCKING AT ENDS. PROVIDE FULL DEPTH BLOCKING OR METAL BRIDGING AT MID-SPAN AND AT A MAXIMUM SPACING OF 8'-0" O.C. 7.ALL LUMBER EXPOSED TO EXTERIOR ENVIRONMENT OR IN CONTACT WITH MASONRY OR CONCRETE SHALL BE PRESSURE TREATED TO A MINIMUM RETENTION OF 0.25 LBS. OF ACQ PER CUBIC FOOT OF WOOD AND EACH PIECE SHALL BEAR THE THIRD PARTY QUALITY MARK "ABOVE GROUND USE". ALL LUMBER IN CONTACT WITH THE GROUND SHALL BE PRESSURE TREATED TO A MINIMUM RETENTION OF 0.40 LBS. OF ACQ PER CUBIC FOOT OF WOOD AND EACH PIECE SHALL BEAR THE THIRD PARTY QUALITY MARK "GROUND CONTACT USE". REFERENCE STANDARD AWPA C2 AND ASTM D1760 FOR PRESSURE TREATMENT OF TIMBER PRODUCTS. 8.CUTS AND HOLES MADE TO PRESSURE TREATED MATERIAL SHALL BE BRUSHED WITH 2 COATS OF COPPER NAPHTHENATE SOLUTION CONTAINING A MINIMUM OF 2% METALLIC COPPER IN SOLUTION. 9.THE CONTRACTOR SHALL CAREFULLY SELECT LUMBER TO BE USED IN LOAD BEARING APPLICATIONS. THE LENGTH OF SPLIT ON THE WIDE FACE OF 2" NOMINAL LOAD BEARING FRAMING SHALL BE LIMITED TO LESS THAN 1/2 OF THE WIDE FACE DIMENSION. THE LENGTH OF SPLIT ON THE WIDE FACE OF 3" NOMINAL AND THICKER LUMBER SHALL BE LIMITED TO 1/2 OF THE NARROW FACE DIMENSIONS. 10.ALL WOOD JOISTS AND HEADERS WHICH FRAME INTO BEAMS SHALL BE SUPPORTED BY SIMPSON LUS HANGERS WITH THE SAME WIDTH AND DEPTH OF THE MEMBER UNLESS NOTED OTHERWISE. USE HANGERS WITH CONCEALED FLANGES WHERE THE CONNECTOR CANNOT BE HIDDEN BY WOOD TRIM OR THE SUPPORT MEMBER IS WIDER THAN THE STANDARD FLANGE. 11.PROVIDE NAILING PATTERN IN COMPLIANCE WITH IBC RECOMMENDED FASTENING SCHEDULE. 12.LOAD BEARING STUD WALLS SHALL BE CONTINUOUSLY BRIDGED AT 48" O.C. AND UNSUPPORTED PLYWOOD WALL SHEATHING JOINTS WITH SOLID WOOD BLOCKING UNLESS NOTED OTHERWISE. 13.NO CUTS, HOLES, OR COPES IN STRUCTURAL WOOD FRAMING SHALL BE PERMITTED WITHOUT PRIOR REVIEW AND APPROVAL BY THE STRUCTURAL ENGINEER AND ARCHITECT. 14.PROVIDE DOUBLE JOISTS OR SOLID BLOCKING AT 24" O.C. UNDER ALL PARTITIONS. 15.PROVIDE DOUBLE LAYER OF PLYWOOD SHEATHING UNDER ALL CERAMIC OR STONE TILE FLOORS. 16.PROVIDE HEADERS, BRIDGING, CONNECTORS, BLOCKING, TRIMMERS, ETC. AS REQUIRED AND RECOMMENDED BY AITC TIMBER CONSTRUCTION STANDARDS AND IBC 2012 UNLESS NOTED OTHERWISE. 17.BOLTS CONNECTION WOOD MEMBERS SHALL BE 5/8" DIAMETER A307 BOLTS. PROVIDE WASHERS FOR ALL BOLT HEADS AND NUTS IN CONTACT WITH WOOD SURFACES. 18.BOLT HOLES SHALL BE CAREFULLY CENTERED AND DRILLED NOT MORE THAN 1/16" LARGER THAN THE BOLT DIAMETER. BOLTED CONNECTIONS SHALL BE SNUG TIGHT BUT NOT TO THE EXTENT OF CRUSHING WOOD UNDER WASHERS. 19.HOLES AND NOTCHES DRILLED OR CUT INTO WOOD MEMBERS SHALL NOT EXCEED THE PROVISIONS OF IBC 2012, CHAPTER 23. 20.ALL PLATES, ANCHORS, BOLTS, WASHERS, NUTS, AND OTHER MISCELLANEOUS HARDWARE SHALL BE HOT DIPPED GALVANIZED. 21.JOINTS IN DOUBLE TOP PLATES OS WALLS SHALL BE OFFSET A MINIMUM OF LAP LENGTH OF 4'-0" AND NAILED WITH NOT LESS THAN (16) 16d COMMON NAILS ON EACH SIDE OF THE JOINT. OVERLAP ALL TOP PLATES AT CORNERS. 22.PROVIDE DOUBLE HEADER BEAMS OF THE SAME SIZE AS JOISTS OR RAFTERS TO FRAME AROUND OPENING IN PLYWOOD DECK UNLESS NOTED OTHERWISE. 23.NAILS SHALL BE USED IN ACCORDANCE WITH THE MINIMUM NAILING REQUIREMENTS OF IBC 2012 EXCEPT WHERE NOTED IN DETAILS. ALL NAILS SHALL BE GALVANIZED. WOOD STRUCTURAL PANELS 1.ALL WOOD STRUCTURAL PANELS SHALL BE APA TRADEMARKED STRUCTURAL-USE PANELS QUALIFIED AND MANUFACTURED IN ACCORDANCE WITH APA PRP-108 "PERFORMANCE STANDARDS AND QUALIFICATION POLICY FOR STRUCTURAL-USE PANELS" AND U.S. DEPARTMENT OF COMMERCE VOLUNTARY PRODUCT STANDARDS PS 1-09 "STRUCTURAL PLYWOOD" AND PS 2-04 "PERFORMANCE STANDARD FOR WOOD-BASED STRUCTURAL-USE PANELS". ALL PANELS SHALL BE IDENTIFIED BY THE MARK OF AN APPROVED TESTING AND GRADING AGENCY. 2.ALL FLOOR PANELS SHALL BE 3/4" TONGUE & GROOVE APA RATED PLYWOOD/OSB (RATED 48/24) AND FIELD-GLUED USING ADHESIVES MEETING APA SPECIFICATIONS AFG-01, APPLIED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. FLOOR PANELS SHALL BE INSTALLED WITH THE LONG DIMENSION OF THE PANEL ACROSS SUPPORTS WITH PANEL CONTINUOUS OVER TWO OR MORE SUPPORTS. PANEL JOINTS SHALL BE STAGGERED. ATTACH PANELS TO SUPPORTING FRAMING WITH 10d GALVANIZED COMMONS AS FOLLOWS: 4" AT FLOOR PERIMETER 6" AT PANEL EDGES 12" AT INTERMEDIATE SUPPORTS 3.ALL ROOF PANELS SHALL BE 5/8" APA RATED PLYWOOD/OSB (RATED 32/16). ROOF PANELS SHALL BE INSTALLED WITH THE LONG DIMENSION OF THE PANEL ACROSS SUPPORTS WITH PANEL CONTINUOUS OVER TWO OR MORE SUPPORTS. END JOINT OF PANEL SHALL ALIGN WITH MID-POINT OF ADJACENT PANEL. ATTACH PANELS TO SUPPORTING FRAMING WITH 8d GALVANIZED COMMONS AS FOLLOWS: 4" AT ROOF PERIMETER 6" AT PANEL EDGES 12" AT INTERMEDIATE SUPPORTS WOOD STRUCTURAL PANELS CONT'D 4.PROVIDE BLOCKING AT UNSUPPORTED PANEL EDGES AS FOLLOWS: ROOFS - FULLY BLOCKED. WHERE BLOCKING IS NOT SPECIFICALLY REQUIRED FOR THE ROOF SHEATHING, PLY CLIPS OR TONGUE & GROOVE PLYWOOD SHALL BE USED. FLOORS - UNBLOCKED SHEAR WALLS - FULLY BLOCKED 5.ALL NAILS FOR PANEL ATTACHMENT SHALL NOT BE OVERDRIVEN. 6.WHERE EITHER 2" OR 2 1/2" FASTENER SPACINGS ARE USED FOR WOOD STRUCTURAL PANELS AT ROOF OR FLOOR, THE FRAMING MEMBER AT THE ADJOINING PANEL SHALL BE 3" NOMINAL WIDTH AND THE NAILS AT PANEL EDGES SHALL BE STAGGERED IN TWO LINES. 7.NAILS AT ABUTTING PANEL EDGES SHALL PENETRATE THE SAME PIECE OF FRAMING OR BLOCKING. 8.AT WOOD PANEL SHEAR WALLS OR DRAG STRUTS, THE PANEL MUST BE NAILED TO TOP PLATES, MEMBERS, BLOCKING, ETC. AS FOLLOWS: EXTERIOR WALLS/ DIAPHRAGM EDGES: 1x BOUNDARY NAILING INTERIOR WALL LINES: 2x BOUNDARY NAILING POST- INSTALLED ANCHORS 1. POST-INSTALLED ANCHORS SHALL ONLY BE USED ONLY WHERE SHOWN ON THE DRAWINGS. THE CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FROM THE STRUCTURAL ENGINEER OF RECORD PRIOR TO USING POST-INSTALLED ANCHORS FOR MISSING OR MISPLACED CAST IN PLACE ANCHORS. 2.CARE SHALL BE GIVEN TO AVOID CONFLICTS WITH EXISTING REINFORCING WHEN DRILLING HOLES. HOLES SHALL BE DRILLED AND CLEANED IN ACCORDANCE WITH THE MANUFACTURER'S PUBLISHED INSTRUCTIONS. 3.ADHESIVE ANCHORS SHALL BE INSTALLED IN CONCRETE AGED A MINIMUM OF 21 DAYS PER ACI 318, APPENDIX D. MANUFACTURER APPROVAL LETTER SHALL BE REQUIRED FOR EARLIER INSTALLATION TIME SUBJECT TO THE APPROVAL OF THE STRUCTURAL ENGINEER OF RECORD. 4.ALL POST-INSTALLED ANCHORS SHALL SHALL HAVE CURRENT PUBLISHED ICC-ES EVALUATION REPORT INDICATING THE ANCHOR IS APPROVED FOR THE INSTALLATION IN CRACKED CONCRETE. 5.ALL ADHESIVE ANCHOR INSTALLATIONS INTO HORIZONTAL OR OVERHEAD ORIENTATIONS SHALL BE CONDUCTED BY A CERTIFIED ADHESIVE INSTALLER AS CERTIFIED BY ACI/CRSI PER ACI 318. CURRENT AAI CERTIFICATES SHALL BE SUBMITTED TO THE STRUCTURAL ENGINEER OF RECORD FOR APPROVAL PRIOR TO COMMENCEMENT OF ANY ADHESIVE ANCHOR INSTALLATIONS. 6.UNLESS NOTED OTHERWISE ON PLANS, ACCEPTABLE PRODUCTS SHALL BE AS FOLLOWS: A.ADHESIVE ANCHORS- I. FOR ANCHORING INTO CONCRETE -SIMPSON STRONG-TIE AT-XP WITH ASTM A36 THREADED RODS -HILTI HIT-HY 200 WITH STANDARD HAS-E THREADED RODS -DEWALT/POWERS AC200+ II. FOR ANCHORING INTO GROUT FILLED CMU -SIMPSON STRONG-TIE AT-XP WITH ASTM A36 THREADED RODS -HILTI HIT-HY 70 WITH STANDARD HAS-E THREADED RODS -DEWALT/POWERS AC100+GOLD WITH ASTM A36 THREADED RODS III. FOR ANCHORING INTO HOLLOW BASE MATERIAL (HOLLOW CMU) -SIMPSON STRONG-TIE SET-XP AND METAL SCREEN TUBES WITH ASTM A36 THREADED RODS -HILTI HIT-HY 70 AND METAL SCREEN TUBES WITH STANDARD HAS-E THREADED RODS -DEWALT/POWERS AC100+GOLD AND METAL SCREEN TUBES WITH ASTM A36 THREADED RODS B.MECHANICAL ANCHORS- I. FOR ANCHORING INTO CONCRETE -SIMPSON STRONG-TIE TITEN HD (SCREW ANCHOR) OR STRONG-BOLT 2 (WEDGE ANCHOR) -HILTI HUS-EZ (SCREW ANCHOR) OR KWIK BOLT 3 (WEDGE ANCHOR) -DEWALT/POWERS POWER-STUD SD1+ (WEDGE ANCHOR) OR SCREW-BOLT+ (SCREW ANCHOR) II. FOR ANCHORING INTO GROUT FILLED CMU -SIMPSON STRONG-TIE TITEN-HD (SCREW ANCHOR) OR STRONG-BOLT 2 (WEDGE ANCHOR) -HILTI HUS-EZ (SCREW ANCHOR) OR KWIK BOLT-TZ (WEDGE ANCHOR) -DEWALT/POWERS POWER-STUD SD1+ (WEDGE ANCHOR) OR SCREW-BOLT+ (SCREW ANCHOR) III. FOR ANCHORING INTO HOLLOW BASE MATERIAL (HOLLOW CMU) -ONLY ADHESIVE ANCHORS ARE APPROVED. REFER TO SECTION A-II FOR SUITABLE PRODUCTS. AREA 10 SF NOTES: 1.AREAS NOTED ARE EFFECTIVE WIND AREAS US PER ASCE 7-10, 26.2 DEFINITIONS. 2.SEE FIGURES BELOW FOR ZONE LOCATIONS. 3.PLUS AND MINUS SIGNS SIGNIFY PRESSURES ACTING TOWARD AND AWAY FROM SURFACES, RESPECTIVELY. 4.DESIGN PRESSURES SHOWN IN TABLE ARE ALLOWABLE STRESS DESIGN WIND PRESSURES. STRENGTH DESIGN WIND PRESSURES MAY BE CALCULATED BY MULTIPLYING THE PRESSURES BY 1.67. 5.DESIGN PRESSURES FOR EFFECTIVE WIND AREAS BETWEEN THOSE NOTED IN SCHEDULE MAY BE INTERPOLATED. 6.TRIBUTARY AREA = GREATER AT L x W OR L x L / 3. 7.DEFLECTIONS MAY HE CALCULATED BASED ON 42% OF THESE LOADS. ROOF ZONE 1 COMPONENTS AND CLADDING WIND PRESSURES ZONE 2 ZONE 3 15.0 -25.5 15.0 15.0 15.0-24.6 -23.9 -23.3 AREA 25 SF AREA 50 SF AREA 100 SF 15.0 -42.7 15.0 15.0 15.0-36.7 -32.2 -27.1 15.0 15.0 24.3 15.0-64.3 -49.7 -38.7 -27.6 AREA 10 SFWALL ZONE 4 ZONE 5 23.3 -25.2 20.9 18.8 17.5-22.8 -20.8 -19.4 AREA 50 SF AREA 200 SF AREA 500 SF 23.3 -31.1 20.9 18.8 17.5-26.3 -22.1 -19.4 15'3'3'3'55 5 5 3 3 3 2 3 4 4 2 2 1 2 REVISIONSJOB NO: ISSUE DATE: DRAWN: 28 E 35TH ST SAVANNAH, GA 31401 1.The drawing is the property of GREENLINE ARCHITECTURE, INC. and is not to be reproduced or copied in whole or in part. It is not to be used on any other project and is to be returned on request. 2. Scales as stated hereon are valid on the original drawing only and are hereby changed in proportion to the difference in size between the print and the original drawing. 3. Do not scale dimensions from prints. Plans and details are not always drawn to scale. Use dimensions given or consult the Architect for further clarification. T 912.447.5665 F 912.447.8381 WWW.GREENLINEARCH.COM 19.047 FMS 11/20/2019 RELEASED FOR CONSTRUCTIONCITY OF TYBEE ISLANDJAYCEE PARK RESTROOMSTYBEE ISLAND, GEORGIAS0.1GENERAL STRUCTURAL NOTES54 Ramsgate Road Savannah, Georgia 31419 Phone: 912-660-1296 Email: michaelsikes@comcast.net F. MICHAEL SIKES, P.E., LLC Structural Engineer GENERAL STRUCTURAL NOTES No. 20425 G E O RGI AFRED MICHA E L S IKESPROFESSIONAL R E G I S TERE D E NG I N E E R GA. PE No. 20425 190 G:\General Administration\STAFF FOLDERS\Bob P\SEAL.jpg 16'-0"16'-0"12'-0"16'-0"12'-0"16'-0" 72'-0"6'-7"5'-4"10'-8"C.J.C.J.C.J.C.J.FOUNDATION PLAN SCALE: 1/4"=1'-0" 1 S1.05"5"5"C.J.C.J.C.J.P.T. 6x6 POST WITH SIMPSON ABU66Z BASE AND 5/8"Øx5" SIMPSON TITEN HD, TYP. 4 PLACES FOUNDATION NOTES: 1.CONCRETE SLAB-ON-GRADE SHALL BE MINIMUM 5" THICK REINF. WITH WWF 6x6xW2.9xW2.9 IN FLAT SHEETS IN CENTER OF SLAB UNLESS NOTED OTHERWISE. 2."C.J." INDICATES CONSTRUCTION JOINT OR CONTROL JOINT IN CONCRETE SLAB-ON-GRADE. SEE TYPICAL DETAIL. 3.VERIFY WALL LOCATIONS AND OPENING DIMENSIONS SHALL WITH ARCH. DRAWINGS AND DETAILS.CS3.0B S3.0AS3.0TYP.TYP.TYP.AS3.1TYP.SAW CUT TO SMOOTH LINE AS SOON AS CONCRETE SLAB WILL NOT RAVEL BUT NOT LONGER THAN 8 HOURS. FILL WITH SEALANT COMPATIBLE WITH INTENDED USAGE OF FACILITY.tTYPICAL FLOOR JOINT DETAIL BOARD FORMED 1 1/2" DEEP CONT. KEYED JOINT OR 24 GA. GALV. PRE- FORMED METAL KEY JOINT, OIL TO PREVENT BOND SLAB DEPRESSION FOR FLOOR FINISH SEE ARCH.FIN. GR. SLAB EDGE TURNDOWN OPTIONAL FLOOR JOINT DETAIL TYPICAL FLOOR SLAB DETAILS SCALE: 3/4"=1'-0" A S1.0 P2: TYP. WALL REINF. (1) BAR PER CELL IN (2) GROUTED CELLS 8" CMU 8"OPENING WIDTH P2: 16" JAMB P1: TYP. WALL REINF. (1) BARS PER CELL IN (1) GROUTED CELL P3: TYP. WALL REINF. (1) BAR PER CELL IN (3) GROUTED CELLS CONT. JOINT REINF. AT 16" O.C., TYP. ONE CELL TYPE P1 JAMB TWO CELL TYPE P2 & THREE CELL TYPE P3 P3: 24" JAMB OPENING WIDTH IN 8" CMU WALLS: UP TO 8'-0" TYPE 1 8'-0" TO 12'-0" TYPE P2 12'-0" TO 20'-0" TYPE P3 TYPICAL CMU JAMBS SCALE: 3/4"=1'-0" C S1.0 8'' MIN. LAP 8" CMU P4: TYP. WALL REINF. (1) BAR PER CELL IN (4) GROUTED CELLS P3: TYP. WALL REINF. (1) BAR PER CELL IN (3) GROUTED CELLS THREE CELL TYPE P3 FOUR CELL TYPE P4 PREFAB CORNER JOINT REINF. AT 16" O.C. PREFAB CORNER JOINT REINF. AT 16" O.C. TYPICAL CMU CORNERS AND INTERSECTIONS SCALE: 3/4"=1'-0" B S1.0 REVISIONSJOB NO: ISSUE DATE: DRAWN: 28 E 35TH ST SAVANNAH, GA 31401 1.The drawing is the property of GREENLINE ARCHITECTURE, INC. and is not to be reproduced or copied in whole or in part. It is not to be used on any other project and is to be returned on request. 2. Scales as stated hereon are valid on the original drawing only and are hereby changed in proportion to the difference in size between the print and the original drawing. 3. Do not scale dimensions from prints. Plans and details are not always drawn to scale. Use dimensions given or consult the Architect for further clarification. T 912.447.5665 F 912.447.8381 WWW.GREENLINEARCH.COM 19.047 FMSCITY OF TYBEE ISLANDJAYCEE PARK RESTROOMSTYBEE ISLAND, GEORGIAS1.0 FOUNDATION PLAN54 Ramsgate Road Savannah, Georgia 31419 Phone: 912-660-1296 Email: michaelsikes@comcast.net F. MICHAEL SIKES, P.E., LLC Structural Engineer 11/20/2019 RELEASED FOR CONSTRUCTION No. 20425 G E O RG I AFRED MICHA E L S IKESPROFESSIONAL R E G I STERE D E NG I N E E R GA. PE No. 20425 191 16'-0"72'-0" HIGH ROOF FRAMING PLAN SCALE: 1/4"=1'-0" 2 S2.0 3/4"3/4"3/4"3/4"SLOPE 2:12SLOPE 2:12P.T. 3x10 RAFTERS AT 24" O.C. +/-P.T. 3x10 OUTRIGGERS AT 48" O.C.P.T. 3x10 OUTRIGGERS AT 48" O.C.HIGH ROOF FRAMING NOTES: 1.VERIFY WALL LOCATIONS AND OPENING DIMENSIONS SHALL WITH ARCH. DRAWINGS AND DETAILS. 2.ALL WOOD FRAMING SHALL BE #1 SOUTHERN YELLOW PINE AND PRESSURE TREATED FOR CONTINUOUS WET USE. 3.H-1 INDICATES 7.25"x10.25" BOX HEADER, 3" BRNG. EACH END: (3) 2x8 + (1) 2x8 TOP CAP + (1) 2x8 BOT CAP H-2 INDICATES 7.25"x10.25" BOX HEADER, 4 1/2" BRNG. EACH END: (4) 2x8 + (1) 2x8 TOP CAP + (1) 2x8 BOT CAP CS3.0B S3.0S3.0TYP.TYP.TYP.AAS3.1TYP.16'-0"72'-0" LOW ROOF FRAMING PLAN SCALE: 1/4"=1'-0" 1 S2.0 P.T. 8x12 BEAM BELOW P.T. 3x8 RAFTERS AT 24" O.C.SLOPE 2:12P.T. 8x12 BEAM BELOW P.T. 3x8 RAFTERS AT 24" O.C.SLOPE 2:123/4"3/4"3/4"3/4"6'-6 1/4"16'-0"12'-0"16'-0"12'-0"16'-0" LOW ROOF FRAMING NOTES: 1.VERIFY WALL LOCATIONS AND OPENING DIMENSIONS SHALL WITH ARCH. DRAWINGS AND DETAILS. 2.ALL WOOD FRAMING SHALL BE #1 SOUTHERN YELLOW PINE AND PRESSURE TREATED FOR CONTINUOUS WET USE. 3.H-1 INDICATES 7.25"x10.25" BOX HEADER, 3" BRNG. EACH END: (3) 2x8 + (1) 2x8 TOP CAP + (1) 2x8 BOT CAP H-2 INDICATES 7.25"x10.25" BOX HEADER, 4 1/2" BRNG. EACH END: (4) 2x8 + (1) 2x8 TOP CAP + (1) 2x8 BOT CAP HEADER BEAM (BOT. 12'-2" AFF)HEADER BEAM (BOT. 12'-2" AFF)CS3.0B S3.0AS3.0TYP.TYP.TYP.AS3.1TYP.REVISIONSJOB NO: ISSUE DATE: DRAWN: 28 E 35TH ST SAVANNAH, GA 31401 1.The drawing is the property of GREENLINE ARCHITECTURE, INC. and is not to be reproduced or copied in whole or in part. It is not to be used on any other project and is to be returned on request. 2. Scales as stated hereon are valid on the original drawing only and are hereby changed in proportion to the difference in size between the print and the original drawing. 3. Do not scale dimensions from prints. Plans and details are not always drawn to scale. Use dimensions given or consult the Architect for further clarification. T 912.447.5665 F 912.447.8381 WWW.GREENLINEARCH.COM 19.047 FMSCITY OF TYBEE ISLANDJAYCEE PARK RESTROOMSTYBEE ISLAND, GEORGIAS2.0 LOW & HIGH ROOFFRAMING PLANS54 Ramsgate Road Savannah, Georgia 31419 Phone: 912-660-1296 Email: michaelsikes@comcast.net F. MICHAEL SIKES, P.E., LLC Structural Engineer 11/20/2019 RELEASED FOR CONSTRUCTION No. 20425 G E O RGI AFRED MICHA E L S IKESPROFESSIONAL R E G I S TERE D E NG I N E E R GA. PE No. 20425 192 7'-4"3/4" 1/2" PLYWOOD SHEATHING P.T. 2x8 STUDS AT 16" O.C. P.T. 3x10 RAFTERS AT 24" O.C. SIMPSON TSP EACH SIDE OF RAFTER. CONNECT TO PLATES WITH (6) 10d GALV. COMMONS 2 12 8" DEEP BOND BEAM AT 48" O.C. REINF. WITH 2#5 CONT. 8" CMU REINF. WITH #5 AT 32" O.C. IN SOLID GROUTED CMU CELLS, LAP 2'-6" MIN. #5 DOWELS AT 32" O.C., LAP 2'-" MIN. OPTIONAL INSTALLATION: #5 DOWELS AT 32" O.C. SET IN SIMPSON AT-XP ADHESIVE, EMBED 8" #4 CONT. 10 MIL VAPOR BARRIER #4 AT 12" O.C. THRU-OUT 3#6 CONT. TOP & BOT. COMPACTED SUBGRADE 2'-0"8"8"1'-4"9 3/8"TYPICAL WALL SECTION FRONT WALL SCALE: 3/4"=1'-0" C S3.0 5" CONCRETE SLAB REINF. WITH WWF 6x6xW2.9xW2.9 IN FLAT SHEETS #4x6"x3'-0" AT 16" O.C. 5/8"Øx14" ANCHOR RODS WITH 3"x1/4"x3" SQ. WASHERS AT 24" O.C.10"4'-0"3/4" PLYWOOD SHEATHING 10"2'-7"TYPICAL BOX BEAM: (3) P.T. 2x8 + (2) P.T. 2x6 7'-4"3/4" P.T. 2x8 STUDS AT 16" O.C. P.T. 3x10 RAFTERS AT 24" O.C. 2 12 TYPICAL BOX BEAM: (3) P.T. 2x8 + (2) P.T. 2x6 10 MIL VAPOR BARRIER COMPACTED SUBGRADE 3#6 CONT. TOP & BOT. #4 AT 12" O.C. THRU-OUT #4 CONT. 5" CONCRETE SLAB REINF. WITH WWF 6x6xW2.9xW2.9 IN FLAT SHEETS #4x6"x3'-0" AT 16" O.C. 1'-4" #5 DOWELS AT 32" O.C., LAP 2'-6" MIN. OPTIONAL INSTALLATION: #5 DOWELS AT 32" O.C. SET IN SIMPSON AT-XP ADHESIVE, EMBED 8" 8" CMU REINF. WITH #5 AT 32" O.C. IN SOLID GROUTED CMU CELLS, LAP 2'-6" MIN. 8" DEEP BOND BEAM AT 48" O.C. REINF. WITH 2#5 CONT. 8"8"5/8"Øx14" ANCHOR RODS WITH 3"x1/4"x3" SQ. WASHERS AT 24" O.C.2'-0"10"8 1/4"SIMPSON TSP EACH SIDE OF RAFTER. CONNECT TO PLATES WITH (6) 10d GALV. COMMONS TYPICAL WALL SECTION REAR WALL SCALE: 3/4"=1'-0" A S3.010"4'-0"3/4" PLYWOOD SHEATHING 1/2" PLYWOOD SHEATHING 7'-4"3/4" P.T. 3x10 RAFTERS AT 24" O.C. 3/4" PLYWOOD SHEATHING P.T. 3x10 OUTRIGGERS AT 48" O.C., CONNECT TO 3x10 WITH (2) SIMPSON SDS25412 EACH END, TYP. P.T. 3x10 BTWN. OUTRIGGERS, CONNECT TO TOP PLATE WITH (2) SIMPSON SDWC15450 EACH SIDE, TYP. 10 MIL VAPOR BARRIER COMPACTED SUBGRADE 3#6 CONT. TOP & BOT. #4 AT 12" O.C. THRU-OUT #4 CONT.2'-0"1'-4"8"8"P.T. 2x8 STUDS AT 16" O.C. 1/2" PLYWOOD SHEATHING TYPICAL WALL SECTION SIDE WALL SCALE: 3/4"=1'-0" B S3.0 5" CONCRETE SLAB REINF. WITH WWF 6x6xW2.9xW2.9 IN FLAT SHEETS #4x6"x3'-0" AT 16" O.C. #5 DOWELS AT 32" O.C., LAP 2'-6" MIN. OPTIONAL INSTALLATION: #5 DOWELS AT 32" O.C. SET IN SIMPSON AT-XP ADHESIVE, EMBED 8" 8" CMU REINF. WITH #5 AT 32" O.C. IN SOLID GROUTED CMU CELLS, LAP 2'-6" MIN. 8" DEEP BOND BEAM AT 48" O.C. REINF. WITH 2#5 CONT. 5/8"Øx14" ANCHOR RODS WITH 3"x1/4"x3" SQ. WASHERS AT 24" O.C.10"4'-0"TYPICAL BOX BEAM: (3) P.T. 2x8 + (2) P.T. 2x610"VARIESREVISIONSJOB NO: ISSUE DATE: DRAWN: 28 E 35TH ST SAVANNAH, GA 31401 1.The drawing is the property of GREENLINE ARCHITECTURE, INC. and is not to be reproduced or copied in whole or in part. It is not to be used on any other project and is to be returned on request. 2. Scales as stated hereon are valid on the original drawing only and are hereby changed in proportion to the difference in size between the print and the original drawing. 3. Do not scale dimensions from prints. Plans and details are not always drawn to scale. Use dimensions given or consult the Architect for further clarification. T 912.447.5665 F 912.447.8381 WWW.GREENLINEARCH.COM 19.047 FMSCITY OF TYBEE ISLANDJAYCEE PARK RESTROOMSTYBEE ISLAND, GEORGIAS3.0 TYPICAL WALLSECTIONS54 Ramsgate Road Savannah, Georgia 31419 Phone: 912-660-1296 Email: michaelsikes@comcast.net F. MICHAEL SIKES, P.E., LLC Structural Engineer 11/20/2019 RELEASED FOR CONSTRUCTION No. 20425 G E O RG I AFRED MICHA E L S IKESPROFESSIONAL R E G I STERE D E NG I N E E R GA. PE No. 20425 193 1/2" PLYWOOD SHEATHING P.T. 3x10 RAFTERS AT 24" O.C. SIMPSON TSP EACH SIDE OF RAFTER. CONNECT TO PLATES WITH (6) 10d GALV. COMMONS 2 12 #4 CONT. 10 MIL VAPOR BARRIER #4 AT 12" O.C. THRU-OUT 3#6 CONT. TOP & BOT. COMPACTED SUBGRADE8"8"1'-4"9 3/8"TYPICAL WALL SECTION FRONT CANOPY & ENTRY SCALE: 3/4"=1'-0" A S3.1 5" CONCRETE SLAB REINF. WITH WWF 6x6xW2.9xW2.9 IN FLAT SHEETS #4x6"x3'-0" AT 16" O.C. 3/4" PLYWOOD SHEATHING 10"2'-7"HEADER BEAM: (4) P.T. 2x10 + (2) 5/8" FLITCHES WITH P.T. 2x8 CONT. TOP & BOTTOM PLS. P.T. 2x8 STUDS AT 16" O.C. P.T. 2x6 AT 16" O.C. SIMPSON LUS26 AT EACH 2x6, TYP. SIMPSON ABU66Z BASE WITH 5/8"Øx5" SIMPSON TITEN HD P.T. 6x6 POST P.T.8x12 BEAM 2 12 P.T. 3x10 RAFTERS AT 24" O.C. 3/4" PLYWOOD SHEATHING 3/4"6'-6 1/4" 5"1'-4"1'-0"8" #4 AT 12" O.C. THRU-OUT 2#5 CONT. TOP & BOT. COMPACTED SUBGRADE 1/2" CONT. EXP. JOINT FILLER 4" CONCRETE SLAB REINF. WITH WWF 6x6xW2.9xW2.9 IN FLAT SHEETS 12'-2"L6x4x3/8x4" (LLV) NS AND FS WITH (2) 1/2"Ø GALV. THRU BOLTS WITH WASHERS 1/2"Øx3" GALV. LAG BOLTS (2) SIMPSON SDWC15600 EACH SIDE EACH 3x10 RAFTER, TYP.REVISIONSJOB NO: ISSUE DATE: DRAWN: 28 E 35TH ST SAVANNAH, GA 31401 1.The drawing is the property of GREENLINE ARCHITECTURE, INC. and is not to be reproduced or copied in whole or in part. It is not to be used on any other project and is to be returned on request. 2. Scales as stated hereon are valid on the original drawing only and are hereby changed in proportion to the difference in size between the print and the original drawing. 3. Do not scale dimensions from prints. Plans and details are not always drawn to scale. Use dimensions given or consult the Architect for further clarification. T 912.447.5665 F 912.447.8381 WWW.GREENLINEARCH.COM 19.047 FMSCITY OF TYBEE ISLANDJAYCEE PARK RESTROOMSTYBEE ISLAND, GEORGIAS3.1TYPICAL WALLSECTIONS54 Ramsgate Road Savannah, Georgia 31419 Phone: 912-660-1296 Email: michaelsikes@comcast.net F. MICHAEL SIKES, P.E., LLC Structural Engineer 11/20/2019 RELEASED FOR CONSTRUCTION No. 20425 G E O RG I AFRED MICHA E L S IKESPROFESSIONAL R E G I STERE D E NG I N E E R GA. PE No. 20425 194 ABBREVIATIONSYMBOLDESCRIPTIONABBREVIATIONDESCRIPTIONABOVE ABOVE CEILING VENT - SANITARY ABOVE FINISHED FLOOR DOMESTIC COLD WATER GATE VALVE CHECK VALVE PRESSURE OR TEMPERATURE RELIEF VALVE CLEANOUT FLOOR CLEANOUT SOIL OR WASTE STACK DESIGNATION STACK NUMBER W, S, D V CW HW GV CV RV CO FCO GCO FD A/C AFF BFF SANITARY WASTE, SOIL & DRAIN SFLOOR DRAIN 'TYPE' GRADE CLEANOUT S0 AB UNION LEGEND & ABBREVIATIONSDOMESTIC HOT WATER (110 F)CONNECT(ION) CONN CONTINUATION CONT DOWN DN DRAWINGS DWGS ELECTRICAL ELEC EXISTING EXIST HEATING, VENTILATION & AIR CONDITIONING HVAC HOSE BIBB HB INVERT ELEVATION IE SANITARY SAN TYPICAL UNDERGROUND VENT THRU ROOF WASTE U/G VTR W TYP GENERAL NOTES:PLUMBING FIXTURESSPEC.TYPEFIXTUREMINIMUM INDIVIDUAL CONNECTIONCOLDHOTVENTWASTEREMARKSFLOOR MOUNT WATER CLOSET --- --- 4" P-3 P-4 FLOOR MOUNT MOP SINK NFWH NON FREEZE WALL HYDRANT (PLUMBING)WHA' ' --- FLOOR MOUNT BELOW FINISHED FLOOR WATER HAMMER ARRESTOR - 'SIZE' C. INSTALLATION 1. HORIZONTAL SOIL AND WASTE PIPING 2-1/2 INCHES IN SIZE AND SMALLER SHALL BE SLOPED AT A MINIMUM OF 1/4 INCH PER FOOT. HORIZONTAL SOIL AND WASTE PIPING 3 INCHES IN SIZE AND LARGER SHALL BE SLOPED AT A MINIMUM OF 1/8 INCH PER FOOT. 2. HORIZONTAL VENT BRANCHES SHALL BE KEPT ABOVE THE HIGHEST FIXTURE SERVED BY THE VENT BRANCH IN ORDER TO PRECLUDE THE POSSIBILITY OF VENTS BEING USED AS WASTE PIPES. HORIZONTAL VENT BRANCHES SHALL BE SLOPED TO PREVENT THE ACCUMULATION OF WATER OR SCALE THEREIN. 3. ON SOIL, WASTE AND VENT PIPING CHANGES IN PIPE SIZE SHALL BE MADE WITH FITTINGS. NO BUSHINGS WILL BE ALLOWED. 4. DURING CONSTRUCTION ALL PIPE OPENINGS, NOT BEING WORKED ON, SHALL BE PLUGGED OR CAPPED TO PREVENT FOREIGN OBJECTS FROM ENTERING SYSTEM. INSULATION --- 1/2" 3/4" 3/4" 3" 1 1/4" 18" TO RIM 4. INSTALL DEEP SEAL TRAPS ON FLOOR DRAINS WITHOUT TRAP PRIMERS.3. COORDINATE ALL WORK WITH OTHER TRADES. OTHERWISE.2. HOSE BIBBS SHALL BE MOUNTED 1'-6" ABOVE FINISHED FLOOR, UNLESS NOTED LOCATION AND INVERT ELEVATION IN FIELD BEFORE BEGINNING WORK.1. ALL UTILITIES ARE SHOWN IN APPROXIMATE LOCATIONS ONLY. VERIFY EXACT PLUMBING SPECIFICATIONS CODESA. THE PLUMBING INSTALLATION AND EQUIPMENT SHALL CONFORM TO THE FOLLOWING: TESTING PIPE SYSTEMS A. GENERAL, CONCEALED PIPING AND INSULATED PIPING SHALL BE TESTED IN PLACE BEFORE CONCEALING OR COVERING. TEST SHALL BE CONDUCTED IN THE PRESENCE OF THE ARCHITECT OR HIS DESIGNATED REPRESENTATIVE. PIPING LOCATED UNDERGROUND SHALL BE TESTED BEFORE BACKFILLING. EQUIPMENT, MATERIALS AND INSTRUMENTS FOR TESTING SHALL BE FURNISHED BY THE CONTRACTOR WITHOUT ADDITIONAL COST TO THE OWNER. B. PLUMBING SYSTEMS 1. SANITARY WASTE AND VENT PIPING. THE PIPING SHALL BE TESTED WITH WATER BEFORE INSTALLING FIXTURES. WATER TESTS SHALL BE APPLIED TO THE SYSTEM EITHER IN ITS ENTIRETY OR IN SECTIONS. IF THE TEST IS APPLIED TO THE ENTIRE SYSTEM, ALL OPENINGS IN THE PIPING SHALL BE CLOSED EXCEPT THE HIGHEST OPENING, AND THE SYSTEM SHALL BE FILLED WITH WATER AND TESTED WITH AT LEAST A 10 FT. HEAD OF WATER. IN TESTING SUCCESSIVE SECTIONS, AT LEAST THE UPPER 10 FT. OF THE NEXT PRECEDING SECTION SHALL BE TESTED SO THAT EACH JOINT OR PIPE IN THE BUILDING EXCEPT THE UPPERMOST 10 FT. OF THE SYSTEM HAS BEEN SUBMITTED TO A TEST OF AT LEAST 10 FT. HEAD OF WATER. THE WATER SHALL BE KEPT IN THE SYSTEM, OR IN THE PORTION UNDER TEST FOR AT LEAST 2 HOURS BEFORE THE INSPECTION STARTS. THE SYSTEM SHALL BE TIGHT AT ALL JOINTS. 2. WATER PIPING. UPON COMPLETION OF THE ROUGH-IN AND BEFORE SETTING FIXTURES, THE ENTIRE DOMESTIC COLD WATER, HOT WATER, AND HOT WATER CIRCULATION PIPING SYSTEMS SHALL BE TESTED AT HYDROSTATIC PRESSURE OF 100 PSIG AND PROVED TIGHT AT THIS PRESSURE FOR A PERIOD OF NOT LESS THAN 2 HOURS IN ORDER TO PERMIT INSPECTION OF ALL JOINTS. WHERE A PORTION OF THE WATER PIPING SYSTEM IS TO BE CONCEALED BEFORE COMPLETION, THIS PORTION SHALL BE TESTED SEPARATELY IN A MANNER DESCRIBED FOR THE ENTIRE SYSTEM. DOMESTIC WATER SYSTEM A. PROVIDE COMPLETE SYSTEMS OF COLD AND HOT WATER PIPING AND ACCESSORIES SO THAT EVERY FIXTURE AND PIECE OF WATER USING EQUIPMENT IN THIS AREA OF THE BUILDING WILL BE FURNISHED WITH A WATER SUPPLY. B. EXTEND THE DOMESTIC COLD AND HOT WATER PIPING AND CONNECT TO THE EXISTING PIPING, AS SHOWN ON THE DRAWINGS. C. PIPING FITTINGS AND JOINTS 1. PIPE AND FITTINGS SHALL BE AS LISTED HEREIN AND SHALL BE USED ON THE SERVICES INDICATED. 2. TYPE "L" HARD COPPER TUBING, FED. SPEC. NO. WW-T-799, WITH SOLDERED JOINTS AND WROUGHT COPPER SOCKET FITTINGS FOR ALL WATER PIPING. 3. SOLDER JOINTS (FOR TYPE 'L' COPPER TUBING) SHALL BE MADE USING A 95-5 TIN-ANTIMONY SOLDER WITH A COMPATIBLE FLUX. D. DISINFECTION 1. ALL DOMESTIC WATER SERVICE AND SUPPLY PIPING INSTALLED UNDER THIS DIVISION SHALL BE DISINFECTED WITH CHLORINE BEFORE IT IS PLACED INTO OPERATION. THE CHLORINATING MATERIAL SHALL BE LIQUID CHLORINE CONFORMING TO FEDERAL SPECIFICATION BB-C-120 AND SHALL BE INTRODUCED TO THE SYSTEM BY EXPERIENCED OPERATORS ONLY. THE CHLORINE SOLUTION APPLIED TO THE PIPING SECTIONS OR SYSTEM SHALL CONTAIN AT LEAST FIFTY PARTS PER MILLION OF AVAILABLE CHLORINE AND SHALL REMAIN IN THE SECTIONS OR SYSTEM FOR A PERIOD OF NOT LESS THAN SIXTEEN (16) HOURS. DURING THE DISINFECTION PERIOD ALL VALVES SHALL BE OPENED AND CLOSED AT LEAST FOUR TIMES. AFTER THE DISINFECTION PERIOD THE CHLORINATED WATER SHALL BE FLUSHED FROM THE SYSTEM WITH CLEAR WATER UNTIL THE RESIDUAL CHLORINE CONTENT IS NOT GREATER THAN TWO-TENTHS - (0.2) - PARTS PER MILLION. THE CONTRACTOR SHALL SUBMIT TO THE ARCHITECT CERTIFICATION THAT THE SYSTEM WAS DISINFECTED. TO THE MANUFACTURER'S REQUIREMENTS. 3. SOLVENT GLUED JOINTS SHALL BE MADE WITH PRIMER AND GLUE ACCORDING GLUED JOINTS FOR ALL SANITARY, WASTE AND VENT PIPING. 2. SCHEDULE 40 PRESSURE RATED PVC PIPE AND DWV FITTINGS WITH SOLVENT SERVICES INDICATED. 1. PIPE FITTINGS SHALL BE AS LISTED HEREIN AND SHALL BE USED FOR THE B. PIPE FITTINGS AND JOINTS PIPING AS SHOWN ON THE DRAWINGS. A. PROVIDE A COMPLETE SYSTEM OF SANITARY, WASTE, VENT AND INDUSTRIAL DRAINAGE SANITARY, WASTE, VENT AND INDUSTRIAL DRAINAGE SYSTEM THICKNESS SHALL COMPLY TO THE ENERGY CODE.A. ALL WATER PIPING SHALL BE INSULATED WITH ARM-A-FLEX OR EQUAL INSULATION. PLUMBING FIXTURES DRAIN PROFLO PF155A P-TRAP PROFLO PF8872 SUPPLIES BRASSCRAFT FIXTURE FIAT FMSB2424100 FAUCET ZURN ZZ843M1RC 1. FLOOR DRAINS (OR EQUAL BY ZURN) 'A' J.R. SMITH 2010 J.R. SMITH 5000 SERIES SEAT BEMIS B1955SSCT0001-1/4 4. PROPRESS SYSTEM IS APPROVED FOR USE.E. LAVATORY P-3G. MOP SINK P-4I. MISCELLANEOUS PLUMBING ITEMSFILTERED WATER SYSTEM 1FW2 --- --- 4" 1-1/4 P-1 FLOOR MOUNT WATER CLOSET P-1A 15" TO RIM SEAT BEMIS B1955SSCT000B. WATER CLOSET P-1A A/F ABOVE FLOOR B/F BELOW FLOOR WITH REDUCING FITTINGS AND CHANGES IN PIPE DIRECTION SHALL BE MADE P-3 LAVATORY --- 1/2"1 1/4" 16" TO LIP --- --- 2" 3/4" --- --- 2" 3/4" WALL HUNG URINAL 1. INTERNATIONAL PLUMBING CODE, 2012 EDITION WITH GEORGIA REVISIONS 2. INTERNATIONAL FUEL GAS CODE, 2012 EDITION WITH GEORGIA AMENDMENTS. P-5 DRINKING FOUNTAIN 31" TO RIM 1/2" --- 1 1/4" WALL MOUNT INFORMATIONREFER TO ELEC. DWGS FORELECTRICAL CONTRACTOR.ELECTRICAL DISCONNECT BYVALVEFLOW CONTROL1.0 GPM INLINEƒ" DOM. HWSCALE:1NTSINSTANTANEOUS WATER HEATER PIPING DETAILSCALE:NTS2LEGEND, SCHEDULE, ABBREVIATIONS AND SPECIFICATIONSA. WATER CLOSET P-1C. URINAL P-2D. URINAL P-2A SHALL BE SIMILAR TO P-2. FIXTURE, TRIM AND INSTALLATION SHALL COMPLY TO ADA REQUIREMENTS. FAUCET CHICAGO FAUCET 3500-4E2805ABCP FIXTURE AMERICAN STANDARD MADERA FLOWISE FLUSH VALVE AMERICAN STANDARD 2857.111 FIXTURE AMERICAN STANDARD MADERA FLOWISE FLUSH VALVE AMERICAN STANDARD 2858.111 FIXTURE AMERICAN STANDARD 6590.001 FLUSH VALVE AMERICAN STANDARD 6045.013.002 2. WHA ' ' WATER HAMMER ARRESTORS SO THAT EVERY FIXTURE AND PIECE OF WATER USING EQUIPMENT IN THIS AREA OF THE BUILDING WILL BE FURNISHED WITH A WATER SUPPLY. C. PIPING FITTINGS AND JOINTS 1. PIPE AND FITTINGS SHALL BE AS LISTED HEREIN AND SHALL BE USED ON THE SERVICES INDICATED. NON-POTABLE WATER SYSTEM A. PROVIDE COMPLETE SYSTEMS OF NON POTABLE WATER PIPING AND ACCESSORIES B. EXTEND THE NON POTABLE WATER PIPING AND CONNECT TO THE WELL SYSTEM EQUIPMENT, AS SHOWN ON THE DRAWINGS FIXTURE KOHLER K-2032 CARRIER J.R. SMITHJ. WATER HEATERS 34" TO RIM 1 1/4" --- --- 1/2"LAVATORY P-3A SOLVENT GLUED JOINTS. 5. EXTERIOR UNDERGROUND WATER PIPING SHALL BE SCHEDULE 40 CPVC WITH APPROVED ONE STEP SOLVENT CEMENT CONFORMING TO ASTM F 493. AND APPLICABLE CODE REQUIREMENTS. SYSTEM SHALL BE JOINED USING INSTALLED IN ACCORDANCE TO THE MANUFACTURER'S RECOMMENDATIONS 4. ALL PIPE AND FITTING SHALL BE PRODUCED BY ONE MANUFACTURER AND BE OR FEMALE CONNECTIONS WITH INTERGRAL CPVC SOCKET CONNECTIONS. TAN OR PURPLE IN COLOR. TRANSITION FITTINGS SHALL HAVE BRASS MALE "WARNING: NON-POTABLE WATER DO NOT DRINK". FITTINGS SHALL BE EITHER AND HAVE TOW ROWS OF MARKING 180 DEGRESS APART TO INCLUDE SHALL CONFORM TO ASTM D 2846. PIPE SHALL BE PURPLE PIGMENTED 3. PIPE SHALL BE CPVC COPPER TUBE SIZE MANUFACTURED TO SDR 11 AND "NSF-RW". LISTED BY NSF INTERNATIONAL FOR RECLAIMED WATER AND BEAR THE MARK AND CONFORM TO NSF INTERNATIONAL STANDARD 14. THE PIPE SHALL BE A CELL CLASS OF 24448 FOR PIPE AND 23447 FOR FITTINGS PER ASTM D 1784 2. ALL PIPE FITTINGS SHALL BE MANUFACTURED FROM CPVC COMPOUND WITHF. LAVATORY P-3A OR APPROVED EQUAL. 1. WATER HEATER WH-1 SHALL BE CHRONOMITE SR-40 H. DRINKING FOUNTAIN P-5 ELKAY EZWS - EDFPBM117K ACCESS ACCESS12X38-5MP0.1MP0.1WALL BELOW P-4WH-1 MOUNTED ONP-4 W105 W/ W102 WITH P-TRAP INSULATION KIT, TRUBRO EXCEPT FOR MOUNTING HEIGHT. PROVIDE P-3A SHALL BE SIMILAR TO P-3, SNSMP0.1P-2Aƒ" DOM. HWƒ" DOM. CW12FAUCET IS COLD WATER ONLY. CAP HOT WATER INLETS AS REQUIRED.1111122WWW.GREENLINEARCH.COMF 912.447.8381T 912.447.5665SAVANNAH, GA 3140128 E 35TH STArchitect for further clarification.not always drawn to scale. Use dimensions given or consult the 3. Do not scale dimensions from prints. Plans and details are size between the print and the original drawing.only and are hereby changed in proportion to the difference in 2. Scales as stated hereon are valid on the original drawing on any other project and is to be returned on request.reproduced or copied in whole or in part. It is not to be used 1.The drawing is the property of GREENLINE and is not to be REVISIO NS JOB NO:ISSUE DATE:DRAWN:E:\Tybee Restrooms - 19115.00\CADD\MP0_1.dgnCADD PLOTmpeavler13:3420-NOV-2019TYBEE ISLA N D , G EO RG IA JA YC EE PA RK RESTRO O M S C ITY O F TYBEE ISLAND 19.04711/20/2019FOR CONSTRUCTION195 B ENC H B ENC H WOMEN'SRESTROOM101MEN'SRESTROOM103 ENTRY106 JANITOR102 MAINTENANCE104 STORAGE105WWW.GREENLINEARCH.COMF 912.447.8381T 912.447.5665SAVANNAH, GA 3140128 E 35TH STArchitect for further clarification.not always drawn to scale. Use dimensions given or consult the 3. Do not scale dimensions from prints. Plans and details are size between the print and the original drawing.only and are hereby changed in proportion to the difference in 2. Scales as stated hereon are valid on the original drawing on any other project and is to be returned on request.reproduced or copied in whole or in part. It is not to be used 1.The drawing is the property of GREENLINE and is not to be REVISIO NS JOB NO:ISSUE DATE:DRAWN:E:\Tybee Restrooms - 19115.00\CADD\MP1_1.dgnCADD PLOTmpeavler13:3620-NOV-2019TYBEE ISLA N D , G EO RG IA JA YC EE PA RK RESTRO O M S C ITY O F TYBEE ISLAND 19.04711/20/2019FOR CONSTRUCTIONB ENC H B ENC H WOMEN'SRESTROOM101MEN'SRESTROOM103 ENTRY106 JANITOR102 MAINTENANCE104 STORAGE105SCALE:1/4"=1'-0"SCALE:11/4"=1'-0"MP1.1SNSPLUMBING - FLOOR PLAN2MP1.1MP1.1HVAC - FLOOR PLAN 6"/ 6"/ 6"/ 8X8 8X8 EF 1 EF 3 EF 2 EF 4 EF 5 P-1AP-1AP-1P-3AP-3AP-3P-3P-4P-5P-2A3" FD 'A'3" FD 'A'FCOGCOHVAC NOTES:M1M2PLUMBING NOTES:P1P2P3P4P5P6P7P8P9P6P6P9P8P8P1P1P1P3P3P1P3P2P2P2P6P7P7P7P92" CW U/GINSTALL VALVE IN VALVE BOXNFWHRECESSED LOCKABLE HOSE BIBBRECESSED LOCKABLE HOSE BIBBNFWH2" CW A/S1" CW A/S3/4" CW A/S1/2" CW A/S1/2" CW A/S3/4" CW A/S1-1/2" CW A/S3" VTR2" V A/S2" V A/S3" V A/S3" V A/S3" VTR2" V A/S3/4" CW A/S3" S. U/G3" S. U/G4" S. U/G4" S. U/G2" S. U/G4" S. U/G3" S. U/G2" S. U/G3" S. U/G4" S. U/G4" S. U/G4" S. U/GINVERT ELEVATION.EXACT LOCATION AND DRAWINGS FOR SAN. REFER TO CIVIL OUT TO EXISTING 4" S. U/G. EXTEND 2" DOMESTIC WATER. EXTEND AND CONNECT TO EXISTING. REFER TO CIVIL DRAWINGS FOR EXACT LOCATION.M3M4M5M1M3M1M4M5M2M2M2M2M2P4P5WH-13" S. DN, 2" V. UP.EZE TRAP PRIME CONNECTION.PROVIDE TRAP PRIME CONNECTION AND EXTEND TO LAVATORY/SINK WITH J.R. SMITH PRIME2" S. DN, 2" V. UP4" S. DN, 3" V. UPINSTI-HOT WATER HEATER. REFER TO WATER HEATER DETAIL ON MP0.1 FOR PIPING DETAIL 3/4 " CW DN, 3/4 " HW FROM WATER HEATER 3/4 " CW DN.1-1/4" CW DN. 1/2 " CW DN.WHA 'B'WHA 'A'WHA 'A'WHA 'B'CONTROLLED BY THERMOSTAT MOUNTED ON WALLDAMPER, HOODED WALL CAP, THERMOSTAT AND STAINLESS STEEL GRILLE. FAN SHALL BE AT 0.25" SP, 2.0 SONES AND 54 W MOTOR. FAN SHALL BE PROVIDED WITH GRAVITY BACKDRAFT EXHAUST FAN SHALL BE GREENHECK SP OR APPROVED EQUAL. FAN SHALL BE SIZED AT 215 CFM CONTROLLED BY THERMOSTAT MOUNTED ON WALL.DAMPER, HOODED WALL CAP, THERMOSTAT AND STAINLESS STEEL GRILLE. FAN SHALL BE AT 0.25" SP, 2.5 SONES AND 81 W MOTOR. FAN SHALL BE PROVIDED WITH GRAVITY BACKDRAFT EXHAUST FAN SHALL BE GREENHECK SP OR APPROVED EQUAL. FAN SHALL BE SIZED AT 270 CFM LIGHTS.DAMPER, HOODED WALL CAP, AND STAINLESS STEEL GRILLE. FAN SHALL BE INTERLOCKED WITH AT 0.25" SP, 3.5 SONES AND 128 W MOTOR. FAN SHALL BE PROVIDED WITH GRAVITY BACKDRAFT EXHAUST FAN SHALL BE GREENHECK SP OR APPROVED EQUAL. FAN SHALL BE SIZED AT 115 CFM SQUARE FOOT OF SHEET. INSTALL PER SMACNA STANDARDS.GALVANIZED COATING SHALL BE NOT LESS THAN 0.9 OUNCES (TOTAL FOR BOTH SIDES) PER DUCTWORK SHALL BE CONSTRUCTED OF LOCK FORMING QUALITY GALVANIZED STEEL SHEETS. LIGHTS.DAMPER, HOODED WALL CAP, AND STAINLESS STEEL GRILLE. FAN SHALL BE INTERLOCKED WITH AT 0.25" SP, 3.0 SONES AND 128 W MOTOR. FAN SHALL BE PROVIDED WITH GRAVITY BACKDRAFT EXHAUST FAN SHALL BE GREENHECK SP OR APPROVED EQUAL. FAN SHALL BE SIZED AT 140 CFM 196 WWW.GREENLINEARCH.COMF 912.447.8381T 912.447.5665SAVANNAH, GA 3140128 E 35TH STArchitect for further clarification.not always drawn to scale. Use dimensions given or consult the 3. Do not scale dimensions from prints. Plans and details are size between the print and the original drawing.only and are hereby changed in proportion to the difference in 2. Scales as stated hereon are valid on the original drawing on any other project and is to be returned on request.reproduced or copied in whole or in part. It is not to be used 1.The drawing is the property of GREENLINE and is not to be REVISIO NS JOB NO:ISSUE DATE:DRAWN:E:\Tybee Restrooms - 19115.00\CADD\E0_1.dgnCADD PLOTbmoye10:4120-NOV-2019TYBEE ISLA N D , G EO RG IA JA YC EE PA RK RESTRO O M S C ITY O F TYBEE ISLAND 19.04711/20/2019FOR CONSTRUCTIONB ENC H B ENC H WOMEN'SRESTROOM101MEN'SRESTROOM103 ENTRY106101102103104105 JANITOR102 MAINTENANCE104 STORAGE105B ENC HBENCH WOMEN'SRESTROOM101MEN'SRESTROOM103 ENTRY106101102103104105 JANITOR102 MAINTENANCE104 STORAGE105E0.1SCALE:1SCALE:NOTES:(LIGHTING)NOTES:(POWER/COMM)MMETERPOWERGA LEGEND:TYPE APCOSTYPE BTYPE CHDGFWPELECTRICAL SPECIFICATIONSBBE0.1E0.12FLOOR PLAN - POWERFIRST FLOOR - LIGHTINGBBBBBBBAAAACCCCCCCCNOTE P1PANEL JPCCONTACTORTO LIGHTINGOSOS LOCATION IN FIELD. POSITION THRU PHOTOCELL. CONTRACTOR TO VERIFY EXACT 'EXTERIOR LIGHTING'. PROVIDE HOA SWITCH. EXTEND AUTO L3. PROVIDE A 20A 4 POLE EOEH CONTACTOR. LABEL CONTACTORL2. PHOTOCELL FOR EXTERIOR FIXTURES.L1. EXTEND EXTERIOR LIGHTING CIRCUIT THROUGH CONTACTOR.NOTE L2 & L3NOTE L1J-4NOTE L1J-2 240V,1PH9600W,WH-1NO.660/2/I120V128W,EF-1120V128W,EF-2120V128W,EF-3120V81W,EF-4120V54W,EF-5(50/2)J-6WJ-5WPGFJ-7HDJ-1HDJ-3100/2NEMA 1 ENCL.120/240V,1PH,3W100A M.B.PANEL JJ-113 NO.11•"C W/ GROUND RODNO.6 TO 240/120V,1PH,3WSERVICE VOLTAGE:TRANSFORMERGA POWERNOTE L3PROVIDEDGA POWER1/8"=1'-0"1/8"=1'-0" IS AT 5'-6" ABOVE BFE, 2•' ABOVE PLATFORM.P1. SURFACE MOUNT PANEL SO THAT THE BOTTOM OF PANEL ENCLOSURE MMETERPOWERGA PANEL JGFBPMADJACENT TO FAN (TYP)MOUNT SWITCHW CONCEALED GFI RECEPTACLE LOCATED IN ACCESSIBLE LOCATION WITHING COOLER HOUSING. 1. WATER COOLER SHALL BE WALL MOUNTED WITH ELECTRICAL CONNECTIONS MADE FROM AH. ELECTRIC WATER COOLER EXACT MOUNTING HEIGHT. 1. PROVIDE ALL LIGHTING FIXTURES AS SPECIFIED. REFER TO ARCHITECTURAL PLAN FORG. LIGHTING FIXTURES 4. DEVICE PLATE FINISHES SHALL BE STAINLESS STEEL. 3. ALL DEVICE FINISHES SHALL BE SELECTED BY ARCHITECT/OWNER. SEPARATE GROUND SCREW TERMINAL. 2. RECEPTACLES SHALL BE SPECIFICATION GRADE WITH SCREW TYPE CONNECTIONS. PROVIDE TERMINAL. SCREW TYPE CONNECTIONS AND TOGGLE OPERATOR. PROVIDE TYPE WITH GROUND SCREW 1. WALL SWITCHES SHALL BE SPECIFICATION GRADE, QUIET MECHANICAL, A.C. TYPE WITHF. DEVICES 3. GROUND DEVICES AND ASSOCIATED OUTLET BOXES TO GROUNDING CONDUCTORS. 2. INSTALL A GREEN INSULATED GROUNDING CONDUCTOR IN ALL RACEWAY SYSTEMS. EQUIPMENT ENCLOSURES, JUNCTION AND OUTLET BOXES. 1. GROUND ALL NONCURRENT CARRYING PARTS OF ELECTRICAL SYSTEM, I.E. RACEWAY, E. GROUNDING AWG TYPE TFFN (90 DEGREES C). 3. CONNECTIONS BETWEEN FIXTURE JUNCTION BOX AND FIXTURE SHALL BE MADE WITH NO.16 INSTALLED IN ANY ONE CONDUIT UNLESS NOTED OTHERWISE ON PLAN SHEETS. 2. NOT MORE THAN TWO BRANCH CIRCUITS OF OPPOSITE PHASES, SHALL BE ACCORDING TO NEC 2017. LARGER) 90 DEGREES C TYPE THHN/THWN OR XHHN WITH COLOR CODED INSULATION 1. CONDUCTORS SHALL BE SOLID COPPER (FOR NO.10 SMALLER) OR STRANDED (FOR NO.8 & D. CONDUCTORS - 600 VOLTSELECTRIC WATER COOLER - REFER TO SECTION H OF SPECIFICATIONSWEATHERPROOFGROUND FAULTHAND DRYER - BOBRICK B-7128, REFER TO ARCHITECTURAL DRAWINGS FOR MOUNTING HEIGHTPHOTOCELL, 1800VA, FAILED CLOSED. MT 8' AFGPROVIDE 5 YEAR WARRANTYWALL MOUNTED OCCUPANCY SENSOR - WATTSTOPPER DT-205 OR EQUAL. MT MIN. 84" AFFSWITCH WITH OVERLOAD PROTECTIONSINGLE POLE SWITCH, MT 48" AFF15A, 125V DUPLEX RECEPTACLE - HUBBELL 5262I OR EQUAL. MT 16" AFF PROVIDE 10" STEM MOUNTED TO STRUCTURE8" ROUND STEM MOUNTED LED RESTROOM FIXTURE - PORTFOLIO LSRWMUD6A-15D010TEBZ-ERCM6A15830-6LM0LI OR EQUAL6" ROUND LED UP/DOWN RESTROOM FIXTURE - PORTFOLIO LSRWMUD6A-15D010TEBZ-ERCM6A15830-6LM0LI OR EQUAL SUSPENDED-BOTTOM AT 9'-6" AFF1'X4' LINEAR LED FIXTURE - COOPER METALUX 4WNLED-LD1-27-F-UNV-L835-CD1-U OR EQUALCONCEALED CIRCUITHOMERUN 5. ALL OUTLET BOXES SHALL BE PVC (CARLON OR EQUAL) TYPE CONSTRUCTION. WITH APPROPRIATE DEVICE PLATES TO MATCH DEVICE UTILIZIED. 4. OUTLET BOXES FOR DEVICES SHALL BE 4•" SQUARE, 2-„" DEEP WITH TILE TYPE COVERS DEEP WITH COVER INSTALLED ADJACENT TO FIXTURE. 3. OUTLET BOXES FOR FLUSH MOUNTED LIGHTING FIXTURES SHALL BE 4•" SQUARE, 2-„" 2. OUTLET BOXES FOR SURFACE MOUNTED LIGHTING FIXTURES SHALL BE 4" OCTAGON BOXES. 1. PROVIDE OUTLET BOXES FOR EACH LIGHT FIXTURE AND DEVICE.C. OUTLET BOXES WALL RATING. 5. SEAL ALL CONDUIT PENETRATIONS THROUGH WALLS TO MAINTAIN INTEGRITY OF EQUIPMENT SHALL BE SEALTITE AND SHALL NOT EXCEED 18" IN LENGTH. 4. CONNECTORS SHALL BE INSULATED THROAT TYPE. FLEX CONNECTIONS TO MECHANICAL 3. SUPPORT CONDUIT SYSTEM IN ACCORDANCE WITH N.E.C. PULL WIRE IN EMPTY CONDUIT SYSTEMS. 2. CONDUIT SYSTEMS SHALL BE COMPLETE WITH BOXES, FITTINGS AND SUPPORTS. INSTALL 1. ALL CONDUIT SYSTEMS SHALL BE PVC (CARLON OR EQUAL) TYPE CONSTRUCTION.B. CONDUIT SYSTEMS 7. PROVIDE A COMPLETE OPERATING ELECTRICAL SYSTEM INSTALLATION. 6. VISIT SITE TO VERIFY CONDITIONS PRIOR TO BID. FOR THE INSTALLATION OF ELECTRICAL WORK. 5. PROVIDE ALL CUTTING AND PATCHING TO EXISTING WALLS, FLOORS, ETC., REQUIRED WILL NOT ALLOW THE INSTALLATION OF DEVICES, ETC., AS INDICATED. 4. COORDINATE WITH ALL OTHER TRADES TO AVOID INTERFERENCES AND CONDITIONS WHICH GEORGIA AMENDMENTS AND ALL LOCAL ORDINANCES. CODE (2017), LIFE SAFETY CODE (2012), INTERNATIONAL BUILDING CODE (2012), 3. INSTALLATION SHALL CONFORM WITH THE LATEST EDITION OF THE NATIONAL ELECTRICAL SHALL BE U.L. LABELED. 2. MATERIALS, DEVICES, ETC., SHALL BE NEW AND CONFORM TO THE SPECIFICATIONS AND MAKE OPERABLE, THE ITEM OR SYSTEMS SPECIFIED. 1. FURNISH LABOR, MATERIAL AND EQUIPMENT NECESSARY TO INSTALL COMPLETE AND A. GENERAL197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 INVITATION TO BID ITB NO. 2019-748 CONSTRUCTION OF PARK RESTROOM BID DUE: THURSDAY, JANUARY 23, 2020 at 2:00pm PRE-BID MEETING: TUESDAY, JANUARY 7, 2020 at 1:30pm CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM MICHAEL HOSTI WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN MONTY PARKS DOCUMENT CHECK LIST The following documents are contained in and made a part of this Invitation to Bid, or are required to be submitted with the bid. It is the responsibility of the Bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE BIDDER INTRODUCTION SCOPE OF WORK INSTRUCTIONS TO BIDDERS GENERAL INFORMATION BID AND PERFORMANCE BOND SPECIAL CONDITIONS ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F. DEBARMENT CERTIFICATION G. BID FORM; H. CHECKLIST SEPARATE ATTACHMENT: 1. PROJECT PLANS INTRODUCTION Date: 8-28-18 This is an invitation to bid to supply the City of Tybee Island, Georgia with products or services as indicated herein. Sealed bids must be received by 2:00pm local time, on Thursday, January 23, 2020, at which time and place all bids received will be publicly opened and read aloud. The City of Tybee 214 Island reserves the right to reject any or all bids. A mandatory pre-bid meeting will be held on Tuesday, January 7, 2020 at 1:30am in the City Hall auditorium (403 Butler Ave, Tybee Island). Interested bidders are required to attend, and will have the opportunity to discuss specifications, visit the project site and ask questions. METHOD OF AWARD: If the City of Tybee Island awards a contract from this ITB, it will be awarded to the responsible bidder with the lowest responsive bid. Signature of bidder indicates understanding and compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this ITB will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. Instructions for preparation and submission of a bid are contained in this ITB package. Please note that specific forms for submission of a bid 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 is seeking a bid package for service or materials equal to or exceeding specifications set forth on the attached pages. Bidders not meeting these standards will be rejected. The attached specifications become and remain a part of this ITB. All responses, inquiries, or correspondence relating to, or in reference to, this ITB, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders 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 ITB, whether amended or not. Selection or rejection of the bid does not affect this right. SCOPE OF WORK The project consists of, but is not limited to, sidewalks and the construction of a new restroom facility in Jaycee Park, in the same general location as the recently demolished restroom building. The new facility shall be constructed of reinforced concrete masonry and wood framing. New exterior concrete sidewalks shall also be provided. Existing water and sanitary sewer site utilities shall be modified as necessary and reused. The work shall be in conformance with the plans and specifications provided with this Invitation to Bid and addenda related thereto. Bid packages are currently available and can be obtained at the Bidder’s expense by contacting Clayton Digital Reprographics: 1101 Chatham Parkway, Suite A2, Garden City, Georgia 31408; (912) 447-5445; www.cdrepro.com. The Bid Package is also available for examination in the Planning & Zoning Department at City Hall, 403 Butler Avenue, Tybee Island, Georgia 31328. Any and all bidding addenda will be made available with these sources. Bidders shall be responsible for obtaining addenda and acknowledging receipt of addenda on the bid form. 1. INSTRUCTIONS TO BIDDERS 215 Purpose: The purpose of this document is to provide general and specific information for use in submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All ITBs 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. Bidders must carefully review all provisions of, and attachments to, this document prior to submission. Each bid constitutes an offer and cannot be withdrawn except as provided herein. This ITB 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 bidder to check the website for additional information and/or addendums. 1.1 How to Prepare Bids: All Bids must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Bids must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Bid. ALL SIGNATURE SPACES MUST BE SIGNED. 1.2 How to Submit Bids: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the ITB number and title, and bidder’s company name, to the office of the address below prior to the time specified. Include 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 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  All Bids 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 ITB #2019-748 on front of envelope.  Courier or hand deliver bid package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328  Bids may be submitted via US Mail, but bidders choosing this method should allow at least an additional 24 hours for delivery: 216 MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential bidders must present any written objection to this ITB at least seven (7) days prior to the bid due date. The objections contemplated may pertain to form and/or substance of the ITB documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to ITB #2019-748. 1.4 Errors in ITB responses: Bidders are expected to fully inform themselves as to the conditions, requirements, and specifications of this ITB before submitting a bid. Failure to do so will be at the Bidder's own risk. In case of error in extension of prices in bid, the unit price will govern. 1.5 Questions concerning ITB: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this ITB must be made by email, sent to the below named individual, who will be the official point of contact for this ITB. Questions must be submitted at least seven days before the bid due date. Mark subject line on e-mail “Questions on ITB 2019-748, Jaycee Park Restrooms.” POINT OF CONTACT: Monica Mastrianni mmastrianni@greenlinearch.com Failure of a Bidder to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Bidder's acceptance of all of the terms, conditions and requirements set forth in this ITB. 1.6 Addendums to ITB: Any changes to the conditions or specifications in this ITB must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this ITB, 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. Bidder must acknowledge each addendum in the bid. It is solely your responsibility as a 217 bidder to ensure that you have received all addenda and incorporated the changes into your bid response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the bidder but will put the bidder 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 Bid for Contract Award: City of Tybee Island reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids 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 bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract. 2.3 Bidder: Whenever the term "bidder" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a bid (a binding offer) to the City of Tybee Island in such capacity before a contract has been entered into between such party and the City of Tybee Island. 2.4 Responsible / Responsive bidder: Responsible bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive bidder means a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in this ITB. 2.5 Multiple Bids: No Vendor will be allowed to submit more than one (1) bid. 2.6 Compliance with Laws: The bidder will obtain and maintain all licenses, permits, liability insurance, worker'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. 2.7 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. 2.8 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any bidder must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.9 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 218 he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No bids 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. 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 ITB 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. 2.10 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. 2.11 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from bid opening date, unless otherwise stated in the ITB. 2.12 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this bid, will be of the best quality, and adhere to the highest industry standards. 2.13 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Bidder will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. 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. 2.14 Liability Provisions: Where bidders are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Bid as requested by the City, the bidder will be liable for any injury, damage or loss occasioned by negligence of the bidder, its agent, or any person the bidder has designated to prepare the bid and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability 219 provisions required of the successful bidder in order to be awarded a contract with City of Tybee Island. 2.15 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next lowest bidder, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or its 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. 2.16 Certification of Independent Price Determination: By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this bid 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 bidder or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. 2.17 Qualification of Business (Responsible Bidder): the Scope of Work, specifications and plans define a responsible Bidder as one who meets, or by the date of the bid 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 bidders 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 bid of any bidder as being unresponsive or un-responsible whenever such Bidder cannot document the ability to deliver the requested product or service. 2.18 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 220 holder and an additional insured). THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN 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 221 Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract. v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best’s rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage 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. 2.19 Compliance with Specification - Terms and Conditions: The ITB, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of the Bid and by reference are made a part hereof. 2.20 Signed Bid Considered Offer: The signed Bid will be considered a binding offer on the part of the Bidder, 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 Bidder 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. 2.21 Notice to Proceed: The successful bidder must not commence work under this ITB 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 Bidder does commence any work or deliver items prior to receiving official notification, it does so at its own risk. 2.22 Protest Policy: Any bidder who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted in writing no later than 48 hours after the bid opening. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: ITB 2019-748, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. ITB 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. 222 2.23 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. 2.24 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 bids and any bid 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 Bidder is responsible, the City will consider, but is not limited to consideration of, the following: a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Bidder or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Bidder 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 Bidder’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 Bidder’s contract obligations. 2.25 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 added to a Federal, State or other Government Entity listing after award of the subcontract. 223 2.26 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. 2.27 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 Bidder to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Bidder 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. City of Tybee Island will not be held accountable if material from bids is obtained without the written consent of the bidder by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.28 Georgia Trade Secret Act of 1990: In the event a Bidder 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. 2.29 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. 2.30 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 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 224 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 acting on behalf of the City of Tybee Island. 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 previousl y 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. 2.31 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 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 225 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 Bid Bond: Each bid shall be accompanied by a qualified bid bond/surety, cashier's check or certified check in the minimum amount of 5% of the total bid price. Bidder 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 City of Tybee Island a Payment Bond issued by a surety comp any 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 SPECIAL CONDITIONS 3.1 Sequence of Work: There are no limitations on project sequencing. The project includes the demolition of existing public use restroom facilities. These facilities will have to be demolished as the first phase of development out of spatial necessity. 3.2 Public Facilities: The City has made arrangements for temporary public restroom facilities to be available during construction. The contractor shall be responsible for providing temporary restroom facilities for site workers. Public access to the park must be maintained at all times. 3.3 Bid Items: The project shall consist of one Base Bid and one Alternate Bid. The Alternate Bid shall be deductive to the Base Bid. The Alternate Bid is for asphalt 226 shingle roofing in lieu of standing-seam metal roofing. 3.4 Commencement and Completion: The City of Tybee Island anticipates the issuance of a Notice to Proceed by February 18, 2020. Substantial Completion shall be achieved within 120 calendar days. 3.5 Contract Form: The form for the Contract for Construction shall be AIA Document A105 – Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. An unedited, boilerplate version of the contract is attached. The contract shall be modified from the boilerplate version to represent the General Conditions, Additional Conditions, Special Conditions, and Surety Requirements included in this Invitation to Bid. 227 ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET The Bidder certifies that he/she has examined all documents contained in this ITB package, and is familiar with all aspects of the ITB and understands fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid will not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Contract, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this ITB for the bid 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 ITB for the bid 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 bid as proof of qualifications. Bidder 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_____ 228 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: 229 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: 230 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: 231 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 30 232 ATTACHMENT F CERTIFICATION REGARDING DEBARMENT INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: By signing and submitting this bid, 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,” “bid,” 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 bid 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 bid 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. 233 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: __________________ 234 ATTACHMENT G BID SHEET JAYCEE PARK RESTROOMS ITB# 2019-748 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total bid cost below. Date: BASE BID: BID AMOUNT: $ (in words): ___________________________________________________________ ____________________________________________________________________________ ACKNOWLEDGE RECEIPT OF ADDENDA: (acknowledge with an ‘X’) Addendum 1 _ Addendum 2 Addendum 3 Addendum 4 _ (Firm) (Signature) (Title) * This document should be enclosed in an opaque envelope as specified by the Bid Documents. 235 ATTACHMENT H CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with your bid NOTE: All of the following items must be submitted with your bid to be considered “responsive”. Remember to follow the Instructions in the ITB Documents. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ BID BOND _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID: A. SIGNATURE SHEET _____ B. CONTRACTOR AFFIDAVIT _____ C. SUBCONTRACTOR AFFIDAVIT _____ D. SAVE AFFIDAVIT _____ E. VENDOR INFORMATION _____ F. DEBARMENT CERTIFICATION _____ G. BID SHEET _____ H. CHECKLIST _____ __________________________________________ NAME/TILE __________________________________________ COMPANY NAME __________________________________________ ADDRESS __________________________________________ CITY/STATE/ZIP __________________________________________ PHONE NUMBER __________________________________________ EMAIL __________________________________________ SIGNATURE 236 237 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: 10. Agreement between City of Tybee Island and Tybee Island Marine Science Center 238 LEASE THIS LEASE ("Lease") made and entered into as of this _____ day of ________________, 2019 by and between CITY OF TYBEE ISLAND, GEORGIA (hereinafter “City”) and TYBEE ISLAND MARINE SCIENCE CENTER FOUNDATION, INC., a Georgia Non-Profit Corporation, d/b/a Tybee Island Marine Science Center (hereinafter “MSC”), upon the following terms and conditions: RECITALS WHEREAS, the City and MSC desire that MSC lease certain property hereinafter described and improvements thereon consisting of the Marine Science Center (“the Center”) for the purposes of providing cultural, educational, museum and recreational programs and facilities related to beach and marine life, all as hereinafter provided; WHEREAS, the City is a municipal corporation under Georgia law authorized to provide recreational, governmental, public health, and similar activities and facilities to citizens and is desirous of improving its ability to do so; and WHEREAS, MSC is a non-profit corporation engaged in providing educational and recreational programs and facilities dealing primarily with beach and marine life, as well as environmental issues; and WHEREAS, the City has contracted for the construction of a facility to be used and operated as the Marine Science Center located on the north end of Tybee Island in the North Beach parking lot (hereinafter the “Property” or the “Premises”); and WHEREAS, the location was deemed suitable for the construction of a municipal building to be used for MSC purposes, including recreation, cultural and education; and WHEREAS, in light of the volunteer services provided by MSC in the context of enhancing the community of the City and tourism therein and recreational activities therein; and WHEREAS, the City has the power and authority to dispose of or lease real property pursuant to its charter; and WHEREAS, the City has secured Recreational Authority Bond Funding for the express purpose of providing financing for the construction and operation of the Marine Science Center pursuant to certain limitations and restrictions; and WHEREAS, the parties have been pursuing the construction of the Center for many years and the leasing of the Property and the Center by the City to the Marine Science Center; and WHEREAS, on March 18, 2003, the voters of Chatham County voted in favor of a Special Purpose Local Option Sales Tax (“Referendum”) for which certain capital improvement projects as designated in Attachment 4 of the SPLOST Resolution of the Board of Commissions of Chatham County adopted on February 14, 2003 (“SPLOT Resolution”); and 239 Page 2 WHEREAS, the Center was and is one of the projects listed for the City in the Intergovernmental Agreement for the Distribution of Special Purposes Sales and Use Tax Proceeds by the County to Municipalities for Capital Outlay Projects, for General Obligation Debt, and Road, Street and Bridge Purposes by and among Chatham County and eight municipalities of Chatham Cou nty, including the City (“Intergovernmental Agreement”); and WHEREAS, other capital improvement projects identified in the SPLOST Resolution and the Intergovernmental Agreement are enumerated as cultural, recreational, and historic facilities along with projects that will result in services to assist the health, safety, and welfare on a county-wide basis; and NOW, THEREFORE, in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I - DEFINITIONS Unless the context otherwise specifies or requires, the following terms shall have the meanings specified herein: 1.1 Base Rent. The term "Base Rent" shall mean the sum of Ten Dollars ($10.00) per calendar year beginning in _____. Further, base rent shall include an annual sum of $12,100.00 payable in monthly installments to be adjusted depending upon the actual insurance cost to the City for its providing property insurance on the improvements. The $12,100.00 figure is an estimate and will be adjusted including for premium increases during the term of the lease. In the event the Marine Science Center is able to secure insurance on the building and improvements that adequately protects the interest of the City such that the City’s premiums can be reduced or eliminated, the rent will be adjusted or eliminated in accordance therewith. This rent is as to the insurance on the property only and it does not address the requirement that the MSC to provide liability coverage as provided in Article 10 hereof. 1.2 Commencement Date. The term "Commencement Date" shall be as of the ____ day of _____ 2020. 1.3 Event of Default. The term “Event of Default” shall be as defined in Section 15.1. 1.4 Expiration Date. The term "Expiration Date" shall mean December 31, 2035, unless renewed pursuant to Section 3.2. 1.5 City's Address For Notices. The term "City's Address for Notices" shall mean: CITY OF TYBEE ISLAND, GEORGIA, P.O. Box 2749, Tybee Island, Georgia, 31328, Attention: City Manager, with a copy to City Attorney, at P.O. Box 2749, Tybee Island, Georgia, 31328. 1.6 Premises/Property. The term "Premises" or "Demised Premises" or "Leased Premises" or “Property” shall mean that certain parcel of real property with the improvements thereon on the north end of Tybee Island in the North Beach parking lot City of Tybee Island, Chatham County, Georgia which is the _______ property identified as Parcel 2 on the Plat of Lot 2367 of a Recombination of Portions of Lots 6 & 7, Block 8, A Portion of Lot 2 & All of Lot 3, Block 9 & Portions of Wrenwood Avenue & the Former United States Coast Guard Property, Fort Screven Ward, Tybee Island, 240 Page 3 Georgia dated , 2014 by Bert Barrett, Jr. Land Surveying, P.C. attached as Exhibit "A". Said Parcel 2 being an area of _____ square feet. Pursuant to the Agreement of even date herewith between Limewood Drive Owner, LLC, the Marine Science Center Foundation, LLC and the City of Tybee Island, the following described property shall also be included as part of the term “Premises” or “Demised Premises” or “Leased Premises” or “Property”. The parcel on the plat attached hereto as Exhibit “____” is identified as Parcel 2B consisting of a portion of Limewood Drive right-of-way, which is the subject matter of such agreement to which a copy of this lease agreement is attached as Exhibit “___”. 1.7 MSC's Address For Notices. The term "MSC's Address for Notices" shall mean: TYBEE ISLAND MARINE SCIENCE FOUNDATION, INC., PO Box 1879, Tybee Island ,Georgia, 31328 Attention: Executive Director, maria@tybeemarinescience.org, with a copy to: Lane A. Johnson c/o Hunter, Maclean, Exley and Dunn, P.C., 200 E. Saint Julian Street, Savannah, GA 31401. 1.8 MSC’s Permitted Uses. The term "MSC’s Permitted Uses" shall mean the maintenance and operation of the Center as a cultural, educational, museum and recreational facility, which shall include, but not be limited to, providing programs and undertaking projects related to beach and marine life. The MSC may only use or authorize the use of the premises for programs, projects or events that are consistent with its current mission statement. Except with specific authorization of City Council, events or gatherings such as weddings, family reunions, school reunions, parties or social events and similar uses shall not be permitted, except for birthday parties for children ages ten and under. The mission statement of the MSC states: “Our mission is to cultivate a responsible stewardship of coastal Georgia’s natural resources through education, conservation and research. 1.9 Transaction Closing Date. The term "Transaction Closing Date" shall mean the date this Lease is fully executed by all parties. 1.10 Method of Notice. MSC and the City shall follow the method of providing notices to the other party outlined in Section 19.1 of this Lease. ARTICLE II - PREMISES 2.1 Lease of Premises. City hereby leases the Premises to MSC, and MSC hereby leases the Premises from City, upon all of the terms, covenants and conditions contained in this Lease, subject to (i) any state of facts an accurate survey of the Premises would show; (ii) any state of facts a personal inspection would show; (iii) rights, easements and restrictions of record; and (iv) all present and future state or federal laws, orders and regulations. 2.2 Acceptance of Premises. MSC acknowledges that City has not made any representation or warranty with respect to the condition of the Premises or with respect to its suitability or fitness for the conduct of MSC's Permitted Use or for any other purpose, and MSC acknowledges that it is accepting the Premises "AS IS." 241 Page 4 ARTICLE III - TERM 3.1 Term. Unless sooner terminated as provided in this Lease, the term of this Lease (the "Term" or "Lease Term") shall be for the period commencing on the Commencement Date described in Section 1.2 of this Lease and ending on the Expiration Date described in Section 1.4 of this Lease, and if renewed as per Section 3.2, “Lease Term” as used in this Lease shall be deemed to include any and all Renewal Terms. 3.2 Renewal Terms. If no Event of Default (as hereinafter defined) shall have occurred and this Lease shall otherwise be in full force and effect and so long as not deemed as being beyond the authority of the City to enter into a Lease for a period exceeding fifteen (15) years, MSC shall have the right to extend the term of this Lease for three (3) additional periods of five (5) years each (each five (5) year terms hereinafter called a "Renewal Term" and collectively called "The Renewal Terms") by delivering written notice for such renewal to City at least ninety (90) days, but not more than three hundred sixty (360) days, before the Initial Term or the applicable Renewal Term expires. If MSC exercises the foregoing rights to extend the term of this Lease for one or more Renewal Terms, all terms and provisions of this Lease (other than the Renewal Term) shall remain in full force and effect, except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after the expiration of the initial Term or the previous Renewal Term, as applicable. In the event there exists an Event of Default the foregoing right or ability of MSC to extend the term shall be terminated and non-exercisable by MSC. ARTICLE IV - RENTAL; PAYMENT OF OPERATING EXPENSES AND OTHER CHARGES 4.1 Base Rent. During the Lease Term, MSC shall pay to City as rental for the Premises the Base Rent in the manner described in Section 1.1. City acknowledges receipt, as of the date hereof, of advance payment by MSC in the amount of $20 for the first two (2) calendar years of the Term, i.e. calendar years 2020 and 2021. 4.2 Expenses and Other Charges. MSC shall, during the Term of this Lease, as additional rent, pay and discharge punctually, as and when the same shall become due and payable, and before any governmental impositions and charges and obligations owed to governmental authorities of every kind and nature whatsoever, extraordinary as well as ordinary and each and every installment thereof which shall or may during the Term of this Lease be charged, levied, laid, assessed, imposed, become due and payable or liens upon, or for, or with respect to, the Premises or any part thereof, the buildings and improvements appurtenances or equipment owned by MSC thereon or therein or any part thereof, together with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances, requirements, orders, directives, rules or regulations of the federal, state, and local governments whatsoever during the term of this Lease. 4.3 Payment. The Base Rent for years 3-15 ($10.00 per year) shall be paid on or before January 15th of each calendar year. 4.4 Additional Rent. For purposes of this Lease, all amounts payable by MSC that inure to the benefit of City pursuant to this Lease, whether or not denominated as such, (e.g. maintenance and repairs) shall constitute additional rent hereunder. Such additional rent, together with the Base Rent, shall sometimes be referred to in this Lease as "Rent." ARTICLE V – CONSTRUCTION OF IMPROVEMENTS AND TITLE 5.1 Construction of Improvements. The City shall construct, or cause to be constructed, all buildings, HVAC and similar equipment and components thereof, including, all driveways, parking areas, landscaping, sidewalks and all other areas of the Premises (the "Improvements") in accordance in accordance with plans and 242 Page 5 specifications as approved by the City in writing and in compliance with all Applicable Laws (as hereinafter defined). 5.2 Title to Improvements. Title to all Improvements situated or erected on the Premises by the City and/or MSC shall remain solely in the City. Upon the expiration or earlier termination of this Lease, all of MSC's right and interest in and to the Premises and the Improvements shall automatically and without notice vest in City and MSC shall quit possession and occupancy and surrender the Premises and all Improvements thereon to City. Notwithstanding the foregoing, title to any moveable furniture, equipment, inventory and other personal property installed by MSC (including personal property which is uniquely the property of a marine science facility) and located upon the Premises and which may be removed without damage to the Improvements and without impairing its value shall remain in MSC provided that MSC removes the same within a reasonable period of time, not to exceed thirty (30) days following the expiration or termination of this Lease. Subject to the foregoing sentence, all fixtures attached to the Improvements are to remain and become the possession of the City. ARTICLE VI - USE OF PREMISES 6.1 MSC's Permitted Use. MSC shall use the Premises only for MSC's Permitted Use as set forth in Section 1.8 above and shall not use or permit the Premises to be used for any other purpose without the prior written consent of City. MSC shall, at its sole cost and expense, obtain all governmental licenses and permits required to allow MSC to conduct MSC's Permitted Uses. City disclaims any warranty that the Premises are suitable for MSC's use and MSC acknowledges that it has had a full opportunity to make its own determination in this regard. 6.2 Compliance With Laws and Other Requirements. (A) MSC shall cause the Premises to comply with all laws, ordinances, regulations and directives of any governmental authority having jurisdiction, including without limitation, any certificate of occupancy and any law, ordinance, regulation, covenant, condition or restriction affecting the Premises which in the future may become applicable to the Premises (collectively "Applicable Laws"). (B) MSC shall not use the Premises or permit the Premises to be used in any manner which violates any Applicable Law. 6.3 Hazardous Materials. (A) From and after the date of this Lease, MSC shall not cause or permit any "Hazardous Materials" (as defined herein) to be "handled" (as defined herein) upon, about, above or beneath the Premises or any portion of the Improvements by or on behalf of a Responsible Party (as defined herein), except in compliance with Environmental Laws (as defined herein) and this Lease. Notwithstanding the foregoing, normal quantities of those Hazardous Materials customarily used in maintenance, including cleaning, may be handled at the Premises. Hazardous Materials shall be handled at all times in compliance with all applicable Environmental Laws. (B) Notwithstanding the obligation of MSC to indemnify City pursuant to this Lease, MSC shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision, which requirement arises from the MSC’s handling of Hazardous Materials upon, about, above or beneath the Premises. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. MSC shall take all actions necessary to satisfy any remediation requirements under applicable Environmental Laws, shall 243 Page 6 provide reasonably detailed notice to City of any such actions (prior to the action being taken unless prior notice is not reasonably possible) and, if reasonably possible, provide City with a reasonable opportunity to comment upon such proposed actions prior to their being undertaken (provided that in no event shall prior notice to City or City’s approval be required before any such action may be taken in any event). (C) "Environmental Laws" means and includes all now and hereafter existing statutes, laws, ordinances, codes, regulations, rules, rulings, orders, decrees, directives, policies and requirements by any federal, state or local governmental authority regulating, relating to or imposing liability or standards of conduct concerning hazardous materials or the environment, including, without limitation, the following: The Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. §9601, et seq.) (together with the regulations promulgated thereunder, "CERCLA") the Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq.) (together with the regulations promulgated thereunder, "RCRA"), the Federal Water Pollution Control Act, as amended (22 U.S.C. §1251, et seq.) (together with the regulations promulgated thereunder, "CWA"), the Clean Air Act, as amended (42 U.S.C. §7401, et seq.) the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801, et seq.) (together with the regulations promulgated thereunder, "HMTA"), the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. §136, et seq.) (together with the regulations promulgated thereunder, "IRFA"), the Safe Drinking Water Act, as amended (42 U.S.C. §300f, et seq.) (together with the regulations promulgated thereunder, "SDWA"), the Toxic Substances Control Act, as amended (15 U.S.C. §2601, et seq.) (together with the regulations promulgated thereunder "TSCA"), the Georgia Hazardous Waste Management Act (O.C.G.A. §12-8-60, et seq.), the Georgia Water Quality Control Act (O.C.G.A. §12-5-20 et seq.), and the Georgia Air Quality Act (O.C.G.A. §12-9-1 et seq.). (D) "Hazardous Materials" means (a) any material or substance: (i) which is defined or becomes defined as a "hazardous substance," "hazardous waste," "infectious waste," "chemical mixture or substance," or "air pollutant" under Environmental Laws; (ii) containing petroleum, crude oil or any fraction thereof; (iii) containing polychlorinated biphenyls (PCB's); (iv) containing asbestos; or (v) which is radioactive; (b) any other material or substance displaying toxic, reactive, ignitable, or corrosive characteristics, as all such terms are used in their broadest sense, and are defined or become defined by Environmental Laws; or (c) materials which cause a nuisance upon or waste to the Premises or any portion of the Improvements. (E) "Handle," "handle," "Handled," "handled," "Handling" or "handling" shall mean any installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture, refinement, presence, migration, emission, abatement, removal, transportation, or any other activity of any type in connection with or involving Hazardous Materials; excluding any Hazardous Materials existing on the Premises prior to the Commencement Date, and any migration of Hazardous Materials onto the Premises from a source not at the Premises. (F) "Responsible Party" shall mean MSC, its subtenants and its assignees, any occupants of all or any portion of the Premises, and their respective contractors, clients, officers, directors, employees, agents, customers, suppliers, guests and invitees, or any of them as the case may be during the Term of this Lease. (G) MSC shall expressly not be responsible for, and to the extent allowable by law, shall be entitled to seek contribution or other appropriate relief from the City with respect to any liability and Commented [A1]: Ask Dana about subsection G 244 Page 7 City to the extent allowable by law shall indemnify MSC for claims relating to: (i) a violation of Environmental Laws or the presence of Hazardous Materials on, in or under all or any portion of the Leased Premises to the extent attributable to an act or omission of the City; or (ii) any Hazardous Materials on, in or under all or any portion of any parcels of land owned by City that are adjacent to the Leased Premises (the term "adjacent" as used herein being deemed to mean parcels of land sharing a common boundary line with the Leased Premises), unless the presence of Hazardous Materials was caused or contributed to by MSC or a Responsible Party (collectively “Claims”). City agrees that it shall not object to or resist being joined as a named party as to the adjudication of such Claims; however, nothing herein precludes City from asserting any defense to the Claims, including the defense of sovereign immunity, or asserting any counterclaim that City may have or from seeking indemnification or contribution from third parties. ARTICLE VII - UTILITIES AND SERVICES 7.1 Services. The City reserves the right during the Term of this Lease to grant easements for public utility purposes on, over or below the Premises without any abatement in rent, and without the same being deemed an event of default of City hereunder, provided that said easements do not unreasonably interfere with the normal operation of the Premises by MSC or damage any Improvements. City shall not be required to pay for any service or supplies in connection with the Premises. ARTICLE VIII - MAINTENANCE AND REPAIRS 8.1 MSC's Obligations. (A) Structural Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of ten years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) maintain in good repair and condition (including all necessary replacements), including, but not limited to the roof, outer walls and foundations of all Buildings, all interior walls both weight bearing and not weight bearing, floors and coverings, all glass elements and doors located in and about said specific portion or phase. MSC shall take good care of the Premises and Improvements and suffer no waste. (B) Mechanical, Drainage and System Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of five years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) maintain in good repair and condition (including all necessary replacements) the drainage facilities and fire safety sprinkler systems, heating, ventilation and air conditioning systems located in and about said specific portion or phase and/or servicing said portion or phase. (C) Maintenance. At all times in connection with its operation of the facility, the MSC shall provide maintenance consistent with the maintenance manual delivered or to be delivered by the final product or components with the contractor responsible for construction of the building and/or the contractor responsible for the manufacture, design and construction of the component parts of the facility and/or building and all improvements thereon, including the furnishings, recreational items and exhibits, and shall specifically wash not less frequently than the manufacturer’s maintenance recommendations, and in no event no less than bi-weekly, the exterior components of the building, including the exterior rails of power coat and store front or window framings so as to protect from the elements to the fullest extent possible. (D) Storm Damage Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of ten years after completion of construction of a specific portion of the Improvements (or completion 245 Page 8 of a phase of construction) shall repair all storm damage to the Premises and Improvements not covered by insurance and shall be responsible for any cost of repair of storm damage not covered by insurance or subject to the insurance deductible. (E) Vandalism and Negligent Act Repairs. MSC shall, throughout the Lease Term at its own cost and expense, repair or replace any damage or injury to all or any part of the Premises and Improvements thereon caused by vandalism or the negligent acts or omissions of MSC, its employees and agents, except to the extent that said cost and expense shall be covered by insurance. As used in this Section 8.1 & Section 8.2 the term “date of completion of construction” for any portion or phase shall be the date the certificate of occupancy is issued for said portion or phase. 8.2 City’s Obligations. The City shall have the obligation: to make the Structural Repairs described in Section 8.1(A) for a specific portion or phase upon the tenth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term; to make the Mechanical, Drainage and System Repairs described in Section 8.1(B) for a specific portion or phase upon the fifth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term; and to make the Storm Damage Repairs described in Section 8.1(C) for a specific portion or phase upon the tenth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term. The City shall have no obligation to make any of the Vandalism and Negligent Act Repairs described in Section 8.1(D) throughout the Lease Term. City shall have no duty to make repairs or improvements to the premises except structural repairs and repairs to the building’s electrical, mechanical, plumbing and HVAC systems necessary for safety and the intended use of the building, the necessity for which (i) City is notified in writing by MSC and (ii) not brought by any act or neglect of MSC, its agent, employees or visitors. 8.3 City's Rights. City and its contractors shall have the right, upon reasonable advance notice, at reasonable times, to enter upon the Premises to exercise any right reserved to City hereunder; provided, that MSC’s use and enjoyment of the Premises shall not be disturbed. 8.4 Liens. MSC shall pay when due all costs for work performed and materials supplied to the Premises in the course of maintenance and repair. MSC shall not suffer or permit any liens to be filed or exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any such lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so paid by City shall be deemed to be additional rent due and payable by MSC at once without notice or demand as per Section 4.4 hereof. MSC shall otherwise observe and comply with any and all requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss, cost, or damage incurred by City as a result of the assertion of any lien claim. NOTHING HEREIN IS DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC PROPERTY. ARTICLE IX - IMPROVEMENTS, ADDITIONS AND ALTERATIONS, 9.1 Construction and Contracting. The City has engaged West Construction Company, GA LLC to construct the building and improvements which are the subject matter hereof subject to the agreement of the Marine Science Center to be responsible for the furniture, fixtures and exhibits. Commented [A2]: Ask Dana 246 Page 9 9.2 Completed Construction. As contemplated by the parties hereto, at the time of the execution of this Lease the construction of the improvements to the Premises will be completed as far as the building itself is concerned, although there may be additions or alterations to exhibits, furnishings and interiors. 9.3 Alterations. MSC may make any additions, alterations or changes (sometimes collectively referred to herein as "Alterations") in or to the Improvements subject, however, to the following conditions: (a) No Alterations shall be made that would materially impair the structural soundness of the Improvements; (b) No Alterations shall be undertaken until MSC shall have procured, to the extent the same may be required from time to time, all permits and authorizations of all applicable governmental authorities. (c) Any Alterations shall be performed in good and workmanlike manner and in compliance with all applicable legal requirements and all applicable Insurance Requirements; and (d) The City must approve all substantial structural alterations prior to the commencement of work ("substantial" meaning single alterations costing in excess of $25,000 or alterations that materially affect the functional design or scope of the Improvements). 9.3 Liens. MSC shall pay when due all costs for work performed and materials supplied to the Premises whether in the course of maintenance and repair or in the making of additions, alterations or changes to the Improvements or otherwise. MSC shall not suffer or permit any liens to be filed or exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any such lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so paid by City shall be deemed to be additional rent due and payable by MSC at once without notice or demand as per Section 4.4 hereof. MSC shall otherwise observe and comply with any and all requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss, cost, or damage incurred by City as a result of the assertion of any lien claim. NOTHING HEREIN IS DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC PROPERTY. 9.5 Right of Access to Dune Crossover. Attached hereto as Exhibit B is an aerial photograph of the Property. As shown on Exhibit B, immediately adjacent to the northeast corner of the Property is a dune crossover owned and maintained by the City and which provides public access to and from the beach located east of the Property. MSC shall not hinder or prevent the public’s pedestrian access or use of the dune crossover and shall permit the public to traverse the Property in order to gain pedestrian access or exit from the dune crossover. There shall be an ADA-Compliant or ADAAA-Compliant, as appropriate, public right of way for pedestrian access to and from the dune crossover, construction of which shall be completed by MSC before MSC receives its Certificate of Occupancy for the Center. Nothing in this Lease is intended to preclude or prevent emergency or rescue vehicle access to the dune crossover in emergency situations. 9.6 Parking Spaces. Seven (7) parking spaces are shown on Exhibit A on the western portion of the Property of which four spaces are designated as ADAAA-Compliant. MSC shall construct all seven spaces and at all times pertinent to this Lease, the four ADAAA-Compliant spaces will be available for use by the general public. It is intended that a separate parking agreement will be entered into between the City and MSC for the three other 247 Page 10 parking spaces to be designated for use by MSC staff during hours of operation. The parking spaces for the structure and employees or agents of the Marine Science Center shall be subject to a memorandum of understanding between the City and the MSC similar to memorandums of understanding as have been agreed to in the past with respect to the existing south end location of the MSC. ARTICLE X - INDEMNIFICATION AND INSURANCE 10.1 Indemnification. MSC and MSC's permitted assignees and subtenants agree to protect, indemnify, hold harmless, and defend the City, and its elected or appointed officials, agents and employees, successors and assigns (collectively "Indemnitees") (except for any events arising out of the negligence, breach of contract, or willful acts of City, its agents or employees and except with respect to any Pre-Existing Environmental Condition as per Sections 6.3(G) and 8.2(C)) from and against: (A) any and all loss, cost, damage, liability or expense incurred (including but not limited to actual reasonable attorneys' fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death, or property damage sustained by such person or persons which arises out of, is occasioned by the use or occupancy of the Premises or any portion of the Improvements by MSC or the acts or omissions of MSC or its agents, employees, contractors, clients, invitees or subtenants relating to the Premises. Such loss or damage shall include, but not be limited to, any injury or damage to, or death of, City's employees or agents or damage to the Premises or any portion of the buildings or improvements located thereon. (B) any and all Environmental Damages which arise from (i) the Handling of any MSC Hazardous Materials, as defined in Section 6.3 or (ii) the breach of any of the provisions of this Lease. For the purpose of this Lease, "Environmental Damages" shall mean (a) all claims, judgments, damages, penalties, fines, costs, liabilities, and losses, (including, without limitation, diminution in the value of the Premises) (b) all reasonable sums paid for settlement of claims, reasonable actual attorneys' fees, consultants fees and experts fees; and (c) all costs incurred by City in connection with investigation or remediation relating to the Handling of MSC's Hazardous Materials to the extent MSC does not perform all such investigation and remediation as is required by applicable Environmental Laws. To the extent that City is strictly liable under any Environmental Laws as owner, MSC's obligation to City and the other indemnitees under the foregoing indemnification shall likewise be without regard to fault on MSC's part with respect to the violation of any Environmental Law which results in liability to the indemnitees. MSC's obligations and liabilities pursuant to this Section 10.1 shall survive the expiration or earlier termination of this Lease. (C) any and all testing or investigation as may be required by any governmental agency for the purpose of investigating the presence of MSC's Hazardous Materials that may not be in compliance with Environmental Laws. (D) notwithstanding anything to the contrary contained herein, nothing shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurers to either MSC or City. Nothing herein shall be construed to infer or imply that MSC is a partner, joint venturer, agent, employee, or otherwise acting by or at the direction of the City. 10.2 Insurance. 248 Page 11 (a) MSC shall maintain or shall cause to be maintained the following insurance coverages: i. Commercial General Liability Insurance (Primary and Umbrella). Commercial liability insurance or equivalent with limits of not less than $1,000,000 with respect to any injury to any one person; $1,000,000 with respect to injury or damage to property; and $3,000,000 general aggregate for bodily injury, personal injury and property damage liability. The deductible or self-insured retention shall not be greater than $10,000.00. In addition, MSC shall obtain umbrella coverage of $5,000,000. Coverage extensions shall include the following: premises and operations, subcontractors, cross liability, products and completed operations, broad form property damage, blanket contractual liability, explosion, collapse and underground coverages (XCU), personal injury and errors and omissions. The City is to be named as an additional insured. ii. Property/Casualty Insurance. The City of Tybee Island will procure and maintain building coverage to insure the structure while the tenant shall insure its contents and equipment. The cost to the City of insuring the building is presumably less than that to the Tenant. Thus, the Tenant shall pay to the landlord the cost to the landlord of providing the building insurance. Tentant shall maintain insurance coverages in compliance with the insurance specifications contained in exhibit ____ attached hereto. Tenant also agrees to maintain a special form property and casualty insurance coverage against loss or damage to its personal property and improvements. Such insurance shall also cover tenants loss of income in an amount sufficient to cover tenant’s obligations for expenses of this lease for a period of at least twelve (12) months. Tenant shall deliver to landlord a certificate of insurance at least fifteen (15) days prior to the Commencement Date and a renewal certificate at least fifteen (15) days prior to the expiration of the policy which it covers. Such policies must provide for thirty (30) days prior written notice to landlord in the event of a material change or cancellation of the policy. Such property insurance coverage shall provide for replacement cost valuation. The Tenant shall procure and maintain, at its sole expense, “all-risk/special form” property insurance policy providing for in an amount not less than one hundred percent (100%) of the replacement cost covering all buildings and improvements in and upon the Premises, including wind damage. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. The property/casualty insurance policy shall also include a waiver of terrorism exclusion providing, “terrorism coverage has no sublimit and includes both domestic (non-certified) and foreign (certified) acts of terrorism.” The terrorism coverage should provide $5,000,000 per occurrence and in the aggregate. The deductible or self -insured retention shall not be greater than $10,000.00. ii. iii. Personal Property Insurance. Property insurance in an amount not less than the full replacement cost of all personal property located therein (minimum $100,000.00), against direct and indirect loss or damage by fire, vandalism and malicious mischief and other casualties and risks covered under “all risk, special extended coverage endorsement” insurance. iv. Flood Insurance. Flood insurance in the maximum limit of coverage under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" 249 Page 12 v. Insurance Endorsement. All policies shall be endorsed (a) to name the City as an additional insured and as a loss payee; and (b) to waive subrogation rights against the City. vi. Insurance Companies. All insurance shall be carried with companies that are authorized to do business in the State of Georgia and rated not less than A-VIII in Best's Insurance Guide and a Standard and Poor's claims paying ability rating of not less than AA. (b) Applicable policies must be in place on or before the completion of construction, i.e. the issuance of the certificate of substantial completion. i. MSC shall provide the City with a certificate of insurance (or, at the City’s option, copies of the applicable policies) as evidence of the limits and coverages described above, which shall be acknowledged and accepted by the City by issuing a notice of acceptance and which shall affirmatively state that: a. The coverage is written on an occurrence form; b. The City is named as an additional insured and loss payee (as applicable); and c. Subrogation is waived. ii. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice to the City. MSC shall furnish the City with a replacement certificate with respect to any insurance not less than thirty (30) days prior to the expiration of the current policy. MSC shall require its contractors to comply with this provision. iii. In the event that MSC’s insurance, or the insurance required by any other entity under this Lease, is scheduled to expire during the Term of this Lease, MSC or the other entity shall provide the City with copies of renewal certificates thirty (30) days prior to the expiration date of the expiring coverage. iv. The insurance contracts shall require the insurance company to notify the City in the event of a substantial change in coverage during the policy term. (c) The City may maintain any other casualty or liability insurance it deems appropriate for its benefit with the City being the sole insured and loss payee. 10.3 Claims. In the event of an insurance claim under the insurance policies contemplated by Section 10.2 hereof, MSC will notify the City within sixty (60) days following discovery of the claim by MSC. In addition, MSC will investigate and furnish the City with reports of all accidents, claims and known potential claims for damage or injury and will cooperate with its insurers and those of the City. 10.4 Restoration in the Event of Casualty. If any act or occurrence of any kind or nature shall result in damage to or loss or destruction of the Improvements, in whole or in part, the insurance proceeds, if any, made available shall promptly be used for the restoration, reconstruction, and/or repair of the Improvements as nearly as possible to its condition and character immediately prior to such casualty. If such insurance proceeds and other available funds are not sufficient so that restoration, reconstruction, or repair can be undertaken, or is otherwise Commented [A3]: Ask Dana 250 Page 13 determined to be not feasible, such proceeds shall be paid equitably divided between City and MSC, based on formula provided for condemnation in Section 12.2. 10.5 Waiver of Subrogation. Each party hereby waives any right of recovery against the other for injury or loss covered by insurance, to the extent of the injury or loss covered thereby. Any policy of insurance to be provided by MSC pursuant to this Article X shall contain a clause denying the insurer any right of subrogation against City. 10.6 Failure to Insure. If MSC fails to maintain any insurance which MSC is required to maintain pursuant to this Article X, the City may, but shall not be obligated to, upon notice to MSC (said notice may be delivered via facsimile, e-mail, or by hand) promptly procure such policies of insurance, in which case MSC shall reimburse City upon demand for the cost thereof, together with interest thereon at the lesser of the maximum rate permitted by law, if any, or twelve percent (12%) per annum from the date due to the date paid, as additional rent and, in addition, MSC shall be liable to City for any loss or cost resulting from such failure to maintain. MSC may not self-insure against any risks required to be covered by insurance. ARTICLE XI - DAMAGE OR DESTRUCTION 11.1 Continuation of Lease. This Lease shall not terminate, nor shall there by any abatement of Rent or any other charges to be paid by MSC hereunder, or relief from any other obligations of MSC hereunder as a result of the partial or total destruction of the Premises or the Improvements. ARTICLE XII - CONDEMNATION 12.1 Condemnation. If the entire Premises or a portion thereof shall be taken by condemnation, sale in lieu of condemnation or in any other manner for any public or quasi-public purpose (collectively "Condemnation"), as to render, in MSC’s reasonable judgment, the balance unusable by MSC, this Lease shall terminate with respect to the entire Premises or to such portion, as the case may be, on the date that title or possession to the Premises is taken by the condemning authority, whichever is earlier, but in the event that less than the entire Premises is taken by Condemnation, only after written notice from MSC with respect to MSC’s intent as to the remainder of the Premises. In the event that this Lease is not terminated as provided above, the Lease shall continue in full force and effect and unmodified as to the remainder of the Premises. Notwithstanding any provision contained herein, in the event of a partial taking the Improvements shall be rebuilt and restored subject to the determination of feasibility by the City; however, the City shall not exercise its right of eminent domain against the Premises. 12.2 Apportionment of Award. If there is a Condemnation, whether whole or partial, the City shall be entitled to receive and retain the entire portion of the award for the value of the land and the portion of the award for the Improvements shall be apportioned between City and MSC. City’s portion of the award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the total SPLOST funds expended and the denominator being the total costs of construction. MSC’s portion of the award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the total funds expended for construction less the total SPLOST funds and the denominator being the total costs of construction. In the event of Condemnation, City shall be the sole representative in seeking the award from the condemning authority and shall have full authority regarding settlement of the entire claim. City and MSC shall use any award from a whole taking for the construction of a new marine science center subject to the determination of feasibility by the City. 251 Page 14 ARTICLE XIII – NO LEASEHOLD MORTGAGES 13.1 No Right to Mortgage Leasehold. MSC shall have no right to mortgage its leasehold interest in the Premises to any entity whatsoever. ARTICLE XIV - ASSIGNMENT AND SUBLETTING 14.1 Restriction on Assignment. MSC shall not, without the prior written consent of City, either voluntarily or by operation of law, assign, or otherwise transfer this Lease or any interest herein, nor sublet or encumber all or any portion of the Premises. Any person to whom any Transfer is attempted without such consent shall have no claim, right or remedy whatsoever hereunder against City, and City shall have no duty to recognize any person claiming under or through the same. Any assignment, subletting or other action in violation of the foregoing shall be void and, at City's option, shall constitute a material breach of this Lease. Nothing herein is intended to prevent or preclude MSC from allowing third parties to use a portion or all of the Premises for properly permitted special events and said use shall not constitute a transfer of an interest in this Lease or a “sublet” or “subletting” of the Premises under this Article XIV. 14.2 Prohibited Transfers. MSC agrees that it will not, (1) assign this Lease or any of its rights under this Lease as to all or any portion of the Premises and Improvements, or (2) make or permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises or Improvements or the occupancy or use thereof, without first obtaining the City's express written consent thereto. 14.3 City's Consent; Standards. The City shall be free to withhold its consent to any assignment or sublease of all of the Premises and Improvements in the City's sole and absolute discretion. 14.4 Non-Waiver. The consent by City to any assignment or subletting shall not relieve MSC or any person claiming through or by MSC, of the obligation to obtain the consent of City, pursuant to this Article XIV, to any further assignment or subletting. ARTICLE XV - DEFAULT AND REMEDIES 15.1 Events of Default By MSC. An Event of Default shall, at City’s option, be deemed to have occurred hereunder following the expiration of all applicable notice and cure periods, if: (A) The failure by MSC to pay Base Rent or make any other payment required to be made by MSC hereunder as and when due and the continuation of such failure for Thirty (30) days following written notice from City. (B) A third violation of Section 1.8 by conducting events not within the described Permitted Uses without permission of the City Council. (C) The making by MSC of an assignment of this Lease or any sublease of all or part of the Premises except as expressly permitted under Article XIV of this Lease. 252 Page 15 (D) A notice of intent to cancel insurance coverage by an insurer that is not cured within fifteen (15) days of written notice from City (provided that MSC shall have up to thirty (30) days if the insurance shall remain in effect for such thirty (30) day period). (E) The cancellation, lapse or failure to obtain the insurance coverage required in Section 10.2, if not cured within five (5) days of written notice from City. (F) The making by MSC of any general assignment for the benefit of creditors or the filing by or against MSC of a petition under any federal or state bankruptcy or insolvency laws (unless in the case of a petition filed against MSC the same is dismissed within sixty (60) days after filing) the appointment of a trustee or receiver to take possession of substantially all of MSC's assets at the Premises or MSC's interest in this Lease or the Premises when possession is not restored within sixty (60) days; or the attachment, execution or other seizure of substantially all of such assets located at the Premises or MSC's interest in this Lease or the Premises if such seizure is not discharged within sixty (60) days. 15.2 City's Right To Terminate Upon MSC Default. Upon any Event of Default by MSC (after applicable notice and cure periods, as provided in Section 15.1 above), the City shall have the right without further notice or demand to MSC except as provided in Section 15.1 (MSC hereby irrevocably waiving all notices and demands except as provided in Section 15.1), statutory or otherwise, to terminate this Lease and MSC's right to possession of the Premises without terminating MSC's liabilities under this Lease. 15.3 City's Additional Remedies. Upon any Event of Default of this Lease by MSC, whether or not City elects to terminate this Lease as provided in Section 15.2 above, the City may at any time enforce all of its rights and remedies under this Lease, at law or in equity. 15.4 Right of City to Perform. All covenants and agreements to be performed by MSC under this Lease shall be performed by MSC at MSC's sole cost and expense. If MSC shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, City, upon advance written notice to MSC and reasonable opportunity to cure may, but shall not be obligated to, make any payment on MSC's behalf without waiving or releasing MSC of its obligations under this Lease. Any sums so paid by City and all necessary incidental out-of-pocket costs, together with interest thereon at the lesser of the maximum rate permitted by law if any or twelve percent (12%) per annum, from the date of such payment shall be payable to City as additional rent on demand and City shall have the same rights and remedies in the event of nonpayment as in the case of an Event of Default by MSC in the payment of Rent. 15.5 Non-Waiver. Nothing in this article shall be deemed to affect City's rights to indemnification for liability or liabilities arising prior to termination of this Lease for personal injury or property damages under the indemnification clause or clauses contained in this Lease. No acceptance by City of a lesser sum than the Rent then due shall be deemed to be other than on account of the earliest installment of such Rent due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and City may accept such check or payment without prejudice to City's right to recover the balance of such installment or pursue any other remedy in the Lease provided. 15.6 Cumulative Remedies. The specific remedies to which City may resort under the terms of the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which it may be lawfully entitled in case of any breach or threatened breach by MSC of any provisions of the Lease. In addition to the other remedies provided in the Lease, including the right to terminate MSC's right of possession of the Premises and City shall be entitled to a restraint by injunction of the violation or attempted or threatened violation of any of 253 Page 16 the covenants, conditions or provisions of the Lease or to a decree compelling specific performance of any such covenants, conditions or Provisions. 15.7 Default by City. City's failure to perform or observe any of its obligations under this Lease shall constitute a default by City under this Lease only if such failure shall continue for a period of sixty (60) days (or the additional time, if any, that is reasonably necessary promptly and diligently to cure the failure) after City receives written notice from MSC specifying the default. The notice shall give in reasonable detail the nature and extent of the failure and shall identify the Lease provision(s) containing the obligation(s). If City shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), MSC may pursue any remedies available to it under the law and this Lease. 15.8 Force Majeure. No default in the performance of the terms, covenants or conditions of this Lease on the part of MSC or the City (other than in the payment of any Rent) shall be deemed to continue if and so long as the City or MSC, as the case may be, shall be delayed in or prevented from remedying the same due to Force Majeure; but if and when the occurrence or condition which delayed or prevented the remedying of such default shall cease or be removed, it shall be the obligation of the City or MSC, as the case may be, without further delay, to commence the correction of such default or to continue and complete the correction thereof. ARTICLE XVI - ATTORNEYS FEES; COSTS OF SUIT 16.1 Attorneys' Fees. If either City or MSC shall commence any action or other proceeding against the other arising out of, or relating to, this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its reasonable attorneys’ fees. In addition, MSC shall reimburse City, upon demand, for all reasonable attorneys' fees incurred in collecting Rent or otherwise seeking enforcement against MSC, its sublessees and assigns, of MSC's obligations under this Lease. ARTICLE XVII - QUIET ENJOYMENT 17.1 Provided that MSC performs all of its obligations hereunder, MSC shall have and peaceably enjoy the Premises during the Lease Term, subject to all of the terms and conditions contained in this Lease. ARTICLE XVIII- HOLDOVER TENANCY 18.1 Holdover Tenancy. If MSC holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, MSC shall become a tenant at sufferance upon all of the terms contained herein except as to Lease Term. Without limiting the foregoing, MSC hereby agrees to indemnify, defend and hold harmless the City, and its agents contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation court costs and reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term. ARTICLE XIX - NOTICES 19.1 Notices. All notices, demands and requests which are required to be given by the City or MSC shall be in writing and shall be served in one of the following ways: (i) by personal service on the recipient; (ii) by mailing 254 Page 17 the same by registered or certified mail, postage prepaid; (iii) by overnight courier, addressed to the City at the address for City set forth in Section 1.5 above and to MSC at the address for MSC set forth in Section 1.7 above, unless a request for a change in this address has been sent to the party giving the notice by registered or certified mail or by overnight courier prior to the time when such notice is given; or (iv) by email with an additional copy of the notice, demand or request also be given by the method described in Section 19.1(i), (ii), or (iii) herein. Any notice, including under Article XIII, shall be deemed to have been given and served when actually received or receipt is refused as evidenced by written verification. ARTICLE XX - MISCELLANEOUS 20.1 Amendments. This Lease may be amended by mutual agreement of the City and MSC, provided that all amendments must be in writing and signed by both parties. 20.2 Successors. Except as expressly provided herein, this Lease and the obligations of City and MSC contained herein shall bind and benefit the successors and assigns of the parties hereto. 20.3 Memorandum of Lease. The City and MSC shall upon request of the other execute a recordable Memorandum of Lease. 20.4 Governing Law. This Lease shall be governed by, and construed in accordance with, the laws of the State of Georgia. 20.5 Severability. In the event any provision of this Lease is found to be unenforceable the remainder of this Lease shall not be affected, and any provision found to be invalid shall be enforceable to the extent permitted by law. The parties agree that in the event two different interpretations may be given to any provision hereunder, one of which will render the provision unenforceable, and one of which will render the provision enforceable, the interpretation rendering the provision enforceable shall be adopted. 20.6 Captions. All captions, headings, titles, numerical references and computer highlighting are for convenience only and shall have no effect on the interpretation of this Lease. 20.7 Interpretation. MSC acknowledges that it has read and reviewed this Lease and that it has had the opportunity to confer with counsel in the negotiation of this Lease. Accordingly, this Lease shall be construed neither for nor against City or MSC but shall be given a fair and reasonable interpretation in accordance with the meaning of its terms and the intent of the parties. 20.8 Time is of the Essence. Time is of the essence of this Lease and the performance of all obligations hereunder. 20.9 Merger. The Parties agree that the terms stated herein are the only consideration for each to sign the Lease, and no other promise of any kind has been made by any person or entity to cause either to sign. This Lease replaces any and all prior leases, agreements, or understandings between the parties as concerns the Lease of the Premises. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date first above written. CITY: 255 Sworn to and subscribed before me CITY OF TYBEE ISLAND, GEORGIA this day of , 2019. By: Witness _____________________, Mayor Attest: Janet LeViner, City Clerk Notary Public APPROVED AS TO FORM: Edward M. Hughes, City Attorney [SIGNATURES CONTINUED] MSC: Sworn to and subscribed before me TYBEE ISLAND MARINE SCIENCE this day of , 2019. FOUNDATION, INC., a Georgia Non-Profit Corporation By: ____________________________________ Witness _________________ President Attest: Notary Public __________________, Secretary SEAL 256 EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES SAID LOT BEING SHOWN AS LOT 2367 ON THAT RECOMBINATION PLAT OF PORTIONS LOTS 6 & 7, BLOCK 8, A PORTION OF LOT 2 & ALL OF LOT 3, BLOCK 9 AND PORTIONS OF WRENWOOD AVENUE & THE FOMRER UNITED STATES COAST GUARD PROPERTY, FORT SCREVEN WARD, TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PREPARED BY BERT BARRETT, JR., GRLS NO. 2225, BERT BARRETT, JR. LAND SURVEYING, P.C., DATED JANUARY 22, 2014 AND RECORDED IN SUBDIVISION MAP BOOK ____- , PAGE _____, OF THE RECORDS OF THE CLERK OF THE SUPERIOR COURT OF CHATHAM COUNTY. And PARCEL 2B / LIMEWOOD DRIVE 572-572-22849-lease 257 258 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: 11. Agreement with Makel, City of Tybee Island and Marine Science Center 259 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT THIS AGREEMENT (“Agreement”) made and entered into this ____ day of _______________, 2019 by and among the CITY OF TYBEE ISLAND, GEORGIA (hereinafter the "City") and LIMEWOOD DRIVE, LLC, a Georgia limited liability company (hereinafter “Limewood”), and the Tybee Island Marine Science Center Foundation, Inc. (hereinafter “MSC”). WHEREAS, Limewood owns real property within the City of Tybee Island and more particularly described on Exhibit “A” attached hereto and incorporated herein (the “Property”), which Property abuts the Tybee Island Marine Science Center facility (hereinafter “MSC”) which is under construction as of the date of this Agreement; and WHEREAS, Limewood has agreed to permit the City to lease the Property exclusively for use by MSC for purposes of outdoor display of exhibits and/or recreational items; and WHEREAS, contemporaneously with the execution of this Agreement, the City is granting MSC a lease (hereinafter the “MSC Lease”) of separate real property, adjacent to the Property, owned by the City, and occupied by the newly constructed MSC building (hereinafter the “MSC Property”); and WHEREAS, it is the intention hereof that the Property will be leased by Limewood to the City exclusively for the exclusive use and benefit of MSC in connection with the MSC Lease. NOW, THEREFORE, in consideration of the mutual promises and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Use of Property; Termination. Limewood, the City, and MSC agree that the Property may be used exclusively by MSC for creating and displaying outdoor exhibit displays and/or recreational items and for no other purpose whatsoever, unless the City first obtains the prior written consent of Limewood, which consent may be granted or withheld in the sole and absolute discretion of Limewood. MSC agrees to obtain and maintain all permits and approvals required for its use, and otherwise to operate in compliance with all applicable laws. Notwithstanding anything stated in this Agreement to the contrary, in the event that the MSC Lease expires or is terminated for 260 any reason or in the event that MSC fails to occupy the MSC Property, this Agreement shall automatically terminate contemporaneously therewith unless Limewood agrees otherwise in writing. 2. Improvement of Property. Limewood hereby authorizes the City or MSC to construct and locate on the Property such recreational and outdoor displays as consistent with the purposes of the MSC and the financing through bonds of the Chatham County Recreational Authority and the MSC’s agreement with the City of Tybee Island; provided, however, that (i) all such recreational and/or outdoor displays shall not be permanently affixed to the Property without the prior written consent of Limewood, which may be granted or withheld in Limewood’s sole and absolute discretion (ii) upon the expiration or termination of this Agreement, MSC will cause such recreational and/or outdoor displays to be removed at its expense and shall repair any damage to the Property caused thereby, (iii) neither the City nor MSC shall cause or permit any liens to be placed on the Property, and (iv) during the term of this Agreement MSC, at its sole cost and expense, shall maintain and repair such recreational and outdoor displays. 3. Independent Relationship. The relationship between the City, MSC, and Limewood shall be that of independent/individual/entities and neither Limewood nor MSC nor any agent or employee of either shall be considered or deemed an employee, representative or agent of the City for any purpose whatsoever and neither shall the City, its employees, agents, officers or elected officials be considered to be agents, employees or representatives of Limewood or MSC for any purpose whatsoever. Neither Limewood nor MSC nor its membership, volunteers or employees are entitled to receive from the City any insurance coverage, workers compensation benefits, pensions, profit sharing, paid vacation, sick leave, disability or other benefits which might normally be provided by the City to its officers and employees. 4. Grant of Leasehold. Limewood hereby rents and leases the Property unto the City for the exclusive use of MSC for an annual rental fee payable on the first day of this 261 Agreement, and for every year hereinafter, in the amount of Ten Dollars ($10.00) for each year, payable on or before the first (1st) day of each year, representing good and adequate consideration for the mutual covenants and agreements contained herein delivered by each of the parties here to the other, the receipt and sufficiency of which are hereby acknowledged. Notwithstanding anything stated herein to the contrary, in the event that the City fails to pay when due rent as required hereunder, Limewood may terminate this Agreement upon written notice to the City and MSC. 5. Assignment and Subleasing. The City may not assign or sublease any portion of the property described herein nor sign any of its rights or interests in any of the property or this agreement without the prior written consent of Limewood, which consent may be granted or withheld in the sole discretion of Limewood except, however, Limewood expressly consents to the MSC Lease in the form attached hereto as Exhibit “B”. 6. Utilities and Taxes. MSC shall pay promptly when due all Real Property Taxes relating to the premises; provided however Limewood shall provide MSC with a copy of all notices with respect to payment of Real Property (whether by tax rate or valuation increases) promptly after receipt of such notice or alternatively may direct such notices to be sent to MSC directly. Limewood authorizes MSC to contest Real Property Taxes and agrees, upon request of MSC, to execute appropriate authorization documents to allow MSC to contest Real Property Taxes. MSC shall also pay all utilities used or consumed in connection with the Property, and/or MSC, directly to the respective utility providers as and when the same become due and payable. In the event that MSC fails to pay when due any taxes or utilities required hereunder, Limewood may provide notice of default under paragraph 10 hereof. 7. Indemnification. The MSC shall indemnify, protect, save and hold harmless Limewood from and against any and all claims, demands, judgments, set-offs, losses, damages, liabilities, awards, fines, and expenses including, without limitation, the concurrent negligence of MSC, its successors in title, and assigns, the contributory negligence of any party indemnified herein and any third party and any attorney's fees, expenses, or other costs associated with or incurred, based on or in any manner relating to the subject matter of this agreement, the MSC Lease attached as Exhibit “B”, or the 262 use of any Property hereunder, including, but not limited to, injury to person or property, actual damages, consequential damages, punitive damages, losses, set-offs, warranty claims, products liability claims, conversion claims, nuisance claims; provided, however, that nothing contained in this provision shall be interpreted to indemnify or hold harmless any indemnified party against liability for damages arising out of bodily injury to person or damage to property caused by or resulting from the gross negligence or willful misconduct of such indemnified party. Without limiting the foregoing indemnity, the MSC shall indemnify Limewood for all defense costs, including reasonable attorney's fees, judgments, and amounts paid in settlement. 8. Insurance by City. The City agrees that it will, at all times maintain membership for coverage purposes in the Georgia Interlocal Risk Management Program or a similar program or secure insurance coverage for its property and liability purposes. 9. Insurance by MSC. MSC agrees that it shall at all times during the term hereof, at its own expense, and in the name of and for the protection of itself, Limewood, and the City, keep policies of insurance as follows: (a) All equipment and temporary or permanent improvements located on the premises shall be fully insured against loss by fire, lightning, windstorm, flood and other casualties; (b) Public liability insurance from an insurance company licensed to do business in Georgia and acceptable to Limewood and the City indemnifying the parties described above against loss or damage occasioned by any incident or casualty occurring in, upon or about the Property or the sidewalks, alleys or other property adjacent thereto or for any incident or casualty occurring or arising from or by reason of or in connection with activities conducted by MSC and/or the City under this Agreement or otherwise on or in connection with the Property. Such policy or policies shall provide at least the following limits of coverage: $1,000,000.00 with respect to any injury to any one person; $3,000,000.00 with respect to injury resulting from any one occurrence giving rise to liability; $1,000,000.00 with respect to any injury or damage to property. (c) All insurance policies required pursuant to this agreement shall contain an express waiver of any rights of subrogation by the insurer against the City and Limewood. 263 (d) Prior to or upon execution of this Lease, MSC shall provide Limewood and the City with a certificate of insurance naming Limewood and the City as additional insured parties and providing that such insurance may not be modified or cancelled without at least thirty (30) days prior notice to Limewood and the City. 10. Default. In the event that the City or MSC fails to comply with any obligation hereunder, within thirty (30) days after receipt of written notice from Limewood, Limewood may terminate this Agreement upon written notice to the City and MSC. 11. Term. The parties contemplate that the term of this agreement will be for a period of fifteen (15) years, unless terminated as provided herein or otherwise modified or extended by written agreement signed by all parties consistently with the provisions of Section 3.2 Renewal Term of Exhibit B hereto, the City and/or MSC shall have the right to extend the term of this Agreement for three (3) additional periods of five (5) years each (each five (5) year term hereinafter called a “Renewal Term” and collectively called “The Renewal Terms”) by delivering written notice for such renewal to the City at least ninety (90) days, but not more than three hundred sixty (360) days, before the Initial Term or the applicable Renewal Term expires. If MSC exercises the foregoing rights to extend the term of this Lease for one or more Renewal Terms, all terms and provisions of this Lease (other than the Renewal Term) shall remain in full force and effect, except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after the expiration of the initial Term or the previous Renewal Term, as applicable. In the event there exists an Event of Default at the time of renewal, at the option of the City and/or Limewood Drive, LLC, the foregoing right or ability of MSC to extend the term shall be terminated and non-exercisable by MSC. 12. Notice. Notices hereunder, when directed to the City, shall be addressed as follows: City Manager City of Tybee Island P.O. Box 2749 403 Butler Avenue Tybee Island, GA 31328-2749 Commented [CE1]: Commented [CE2R1]: Commented [CE3R1]: Commented [CE4R1]: Commented [CE5R1]: 264 and when directed to the Marine Science Center, shall be addressed as follows: Tybee Island Marine Science Center Attn: Director P.O. Box 1879 1510 Strand Avenue Tybee Island, GA 31328 and when directed to Limewood, shall be addressed as follows: Limewood Drive, LLC Attn: Martha Makel P.O. Box 2402 Tybee Island, GA 31328 In addition to and notwithstanding anything stated herein to the contrary, the City and MSC each agree to provide Limewood with a copy of any notice sent or received under the MSC Lease. 13. Entire Agreement. This Agreement contained herein shall represent the entire agreement made between the parties and it is understood and agreed that no subsequent alteration, amendment, change, addition, or modification to this Agreement shall be binding upon the City or Limewood unless reduced to writing by them and by direct reference made thereby and made a part hereof. IN WITNESS WHEREOF, the City, MSC, and Limewood have hereunto set their hands and seals, and have caused this Agreement to be executed, all on the day and year first written above. CITY OF TYBEE ISLAND, GEORGIA Sworn to and subscribed before me this ___ day of ____________, 2020. By: ______________________________________ Shirley Sessions, Mayor ____________________________ Attest: ____________________________________ Witness Janet LeViner, City Clerk ____________________________ Notary Public 265 APPROVED AS TO FORM: _______________________________ Edward M. Hughes, City Attorney TYBEE ISLAND MARINE SCIENCE CENTER FOUNDATION, INC. Sworn to and subscribed before me this ___ day of ____________, 2019. By: ______________________________________ _____________, President ____________________________ Attest: ____________________________________ Witness _____________, Secretary ____________________________ Notary Public LIMEWOOD DRIVE OWNER, LLC Sworn to and subscribed before me, this ____ day of __________, 2019. _____________________________ ___________________________________ Witness By: Martha Makel Its: Manager _____________________________ Notary Public 266 EXHIBIT “A” Property 267 EXHIBIT “B” Lease 268 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: 12. Agreement for First Chatham as to Landlord Release for Marine Science Center 269 CITY OF TYBEE ISLAND LANDLORD RELEASE AND CONSENT WHEREAS, the City of Tybee (City) Island is the owner of improved property located on the North end of the island as more fully described in the exhibit attached hereto, and, WHEREAS, City is leasing the building and site to the Tybee Island Marine Science Center Foundation (MSC) pursuant to a Lease Agreement dated the _____ day of _______________. 2020; and WHEREAS, First Chatham Bank (Lender) has or intends to make loans to MSC for operating purposes; and WHEREAS, the City acknowledges notice of Lender’s security interest and consents to assignments of the MSC’s interest in the personal property and items belonging to MSC (Collateral). If MSC defaults under the loan or the lease, lender may reassign rights in the personal property of the MSC and may exercise its rights with respect to the Collateral consisting of the personal property and items of the MSC (Collateral) located in and around the leased building. The City and MSC grant to Lender the right to enter upon the premises for the purpose of removing Collateral from the premises or conducting sales of the Collateral on the premises, however, neither Lender or MSC shall cause damage City consents to the Lender’s security interest in the Collateral and disclaims all interest, liens and claims which the City now has or hereinafter acquire in the Collateral. This agreement is executed this ______ day of ______________, 2020; It is given under seal and it is intended that this agreement is and shall constitute and have the effect of a sealed instrument according to law. SIGNATURE PAGE TO FOLLOW 270 Marine Science Center Foundation (MSC/Borrower) By: __________________________ Its: __________________________ City of Tybee Island (City) By: __________________________ Its: __________________________ First Chatham Bank (Lender) By: __________________________ Its: __________________________ 271 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: 13. First Reading, 02-2020, Sec 34-264, Signage - Short Term Vacation Rentals 272 1 ORDINANCE NO. 2020-02 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND SO AS TO PROVIDE FOR AN EXPEDITED PROCESS FOR THE RESOLUTION OF VIOLATIONS OF THE SHORT TERM VACATION RENTAL PROVISIONS RELATING TO SIGNAGE AND TO AUTHORIZE EXPEDITED ENFORCEMENT OF SUCH ORDINANCES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION 1 Code Section 34-264 be amended so as to add the following thereto: All STVR units that are required to have a sign containing the information described above shall immediately correct the failure to have the required sign within seven (7) days of notice of violation. A failure to correct of violation regarding the non-compliance or absence of a sign shall be a violation of the Code of the City and subject to the general penalty described in the City’s Code Section 1-8. Each day that a violation continues commencing seven (7) days after notice of the violation may constitute a separate violation. 273 2 SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS DAY OF , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 274 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: 14. First Reading, 2020-03, Civil Penalties 275 ORDINANCE NO. 2020-03 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT OF SPECIFIED CITY ORDINANCES THAT WILL BE SUBJECT TO CIVIL PENALTIES AS OPPOSED TO CRIMINAL OFFENSES AND TO PROVIDE FOR A METHOD OF ENFORCEMENT AND IF NECESSARY JUDICIAL REVIEW AND DETERMINATION FOLLOWING AN ADMINISTRATIVE PROCEDURAL HEARING WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers, and WHEREAS, the City would benefit from a system of imposing civil fines or penalties as opposed to criminal fines or penalties for violations of certain ordinances so as to lessen the burden upon citizens, visitors and city staff and reduce administrative task and burdens on the Court and to improve public safety, and WHEREAS, in order to accomplish these goals and benefits, the City deems it to be in the best interest of the City, pursuant to its police powers, to adopt a method of penalizing violators of certain ordinances by way of a civil fine and in the absence of a contested citation ___ requested judicial determination the procedure described herein be implemented, now therefore, be it resolved and it is hereby ordained by the governing authority of the City of Tybee Island that the 276 following provisions shall be adopted and codified as Chapter ______, Article ________, Sections ________ through _______, which will provide as follow: SECTION 1 It is hereby established the administrative imposition and enforcement of ordinances identified herein so as to subject them to fines in amounts on file with the department heads and Clerk of Council of the City and to provide for hearing thereon to be conducted as civil administrative hearings and without court involvement and to provide a right of appeal from the department head to the City Manager and thereafter to the Municipal Court of the City when requested as follows: (a) The ordinances to which the administrative procedures apply include Municipal Beach rules and regulations concerning the following: placement of litter Section 12-1(a)(2); glass or breakable containers under Section 12-1(a)(3); pets Section 12-1(a)(4); Disturbing Dune Vegetation Section 12-1(a)(8); Restrictions on dogs running at large, Section 10-2. These fines where applicable are in lieu of penalties that might be imposed pursuant to Section 1-8, general penalty, and under Section 10-31, penalties for violations of the ordinances of the City The ordinances also subject to civil penalties in lieu of criminal proceeding, including, Section 42-3 Prohibited beverage containers in public areas, and Section 42-64 penalty for littering 277 Citations for violations shall be issued by an authorized City designee as determined by the City Manager and such individual need not be a post certified law enforcement officer. The citation, in a form similar to a parking citation, shall be delivered to the alleged violator with the amount of fine stated thereon. The suspected violator shall provide evidence of his or her name, address and date of birth to the designee, and upon the failure to do so, the city designee is entitled to contact a law enforcement officer for further investigation and/or citation as appropriate. Upon a refusal to identify oneself to the designee and/or a law enforcement officer, the officer may cite the individual with any applicable ordinance violation and may continue an investigation into the perpetrator’s identity to ensure appropriate action is taken and that payment of the appropriate fine is made. The citation shall provide for the civil penalty to be paid within ____ days. The citation shall include a notice of violation of the particular ordinance or rule to which the citation applies and the basis for the violation and direct the recipient that within ten (10) days of the time when such citation was served to pay the fine as specified on the citation in return for which that person shall receive a receipt, the form of which is designated by the list on file with the departments of the city and the clerk of the city, and the receipt as approved by the departments of the city. DELINQUENCY OF PAYMENT The failure of the individual receiving a citation to make full payment within ten (10) days shall result in the issuance of a civil penalty delinquency notice which shall demand payment plus a Twenty ($20) Dollar payment by a specified payment due date. The failure of the individual to make said payment will result in issuance of an administrative hearing notice which shall demand: 1. Full payment of the civil penalty, the twenty ($20) dollar delinquency penalty, plus ten ($10) dollars for each issued citation; or 278 2. The individual’s appearance on a given date at a specified time and location for an administrative hearing before the department head. SUBPOENA ISSUANCE AND COURT PROCEEDING The failure of the individual to make full payment for all issued citations, or to have amounts due set aside at the administrative hearing will result in the individual being issued a subpoena to appear in court and possibly be subject to additional court fines and cost. At anytime during a citation process, including any hearings related to a citation, the individual who is the subject of the citation may appeal the citation or penalty to the Municipal Court of the City by a written notice directed to the city designee and city manager as well as the clerk of the city municipal court for a hearing will be conducted before the judge who may then render such penalty as is appropriate in the discretion of the court, in the event of a conviction or discharge the individual or otherwise dispose of the matter as the judge deems appropriate. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. 279 ADOPTED THIS DAY OF , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 280 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: 15. First Reading, 2020-08, Retirement Plan Ordinance 281 RISK MANAGEMENT AND EMPLOYEE BENEFIT SERVICES BOARD OF TRUSTEES Chairman W. D. Palmer, III Councilmember, Camilla Vice Chairman Rebecca L. Tydings City Attorney, Centerville Secretary-Treasurer Larry H. Hanson Executive Director Trustees: Boyd Austin Mayor, Dallas Shelly Berryhill Councilmember, Hawkinsville Linda Blechinger Mayor, Auburn Ronald Feldner City Manager, Garden City Marcia Hampton City Manager, Douglasville Meg Kelsey City Manager, LaGrange Sam Norton Mayor, Dahlonega David Nunn City Manager, Madison James F. Palmer Mayor, Calhoun Kenneth L. Usry Mayor, Thomson Clemontine Washington Mayor Pro Tem, Midway Vince Williams Mayor, Union City The Burgess Building • 201 Pryor Street, SW • Atlanta, GA 30303-3606 • Tel 404.688.0472 • Toll Free 1.888.488.4462 • Website www.gacities.com January 13, 2020 MEMORANDUM VIA E-MAIL (jelliott@cityoftybee.org) TO: Janice Elliott Pension Committee Secretary, City of Tybee Island FROM: Caroline Dorsey Associate General Counsel SUBJECT: Action Required; Georgia Municipal Employees Benefit System (GMEBS); Restated Master Defined Benefit Retirement Plan The City of Tybee Island has previously adopted the Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan (“Plan”), which is comprised of the Master Plan document (“Master Plan”) and Adoption Agreement and General Addendum. GMEBS has recently restated the Master Plan and Adoption Agreement, and has received a favorable determination letter from the Internal Revenue Service ("IRS"). An employer providing retirement benefits through the GMEBS Plan has the assurance that GMEBS is maintaining a qualified pension benefit program that allows employees to accrue benefits tax-free until retirement benefits are distributed to them. In order to ensure continued tax-favored treatment for GMEBS member plans, the IRS requires that all GMEBS member employers adopt the restated plan documents. Due to its size, we are sending a copy of the Master Plan via email only. We have enclosed a Summary of Key Amendments that have been made to the Master Plan and Adoption Agreement since they were last approved by the IRS in 2010, as well as a draft restated Adoption Agreement and General Addendum reflecting the benefit design options and other elective provisions currently in place under your plan. The draft Plan documents will take effect on their date of approval by the City of Tybee Island. Please review the enclosed restated Plan documents and Summary of Key Amendments. If the Plan documents are acceptable as drafted, please sign and date the Adoption Agreement and General Addendum, and return all executed documents to the following address: Ms. Gina Gresham Legal Assistant Georgia Municipal Association P.O. Box 105377 Atlanta, Georgia 30348 We will return a fully executed original to you for your files. 282 Janice Elliott January 13, 2020 Page 2 Hi Please note that per O.C.G.A § 47-5-40, the Adoption Agreement has been drafted in the form of an ordinance and should be adopted and codified according to the requirements of your City’s Charter and state law. We ask that you complete this process by February 28, 2020. The City does not need to adopt the Master Plan. Please contact Gina Gresham at 678-686-6258 or rgresham@gacities.com with any questions. Encl. C: Edward Hughes, City Attorney, City of Tybee Island (w/ encl.) Michelle Warner, Director, Retirement Field Services and DC Program (w/o encl.) 283 SUMMARY OF KEY AMENDMENTS TO THE RESTATED GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN I. GENERAL OVERVIEW On March 30, 2018, the IRS issued a favorable advisory letter for the restated Georgia Municipal Employees Benefit System Volume Submitter Defined Benefit Retirement Plan ("DB Plan" or “Plan”). The DB Plan, as approved, incorporates required federal law updates, as well as administrative updates adopted by the Board of Trustees of GMEBS over the last several years. The IRS requires that each Adopting Employer sign an updated DB Plan Adoption Agreement (and Addendum, if applicable). II. SUMMARY OF KEY CHANGES TO THE MASTER PLAN DOCUMENT Because all federal law and substantive amendments to the DB Plan were previously adopted by the Board of Trustees, participating employers have already been apprised of the amendments. However, the following information is a reminder of certain key provisions that were added to the Plan or significantly amended since the Plan was last restated in 2010.  Final Average Earnings and Federal Law Compensation Limits - Final Average Earnings is defined as a set number of consecutive months of service credit (not to exceed 60 months) in which the participant’s earnings were the highest. To comply with federal law, monthly earnings in excess of 1/12 of the federal annual compensation for the year in which the monthly salary was earned will not be used to compute a participant’s Final Average Earnings. The monthly limit for salary earned (including payouts for unused leave, if applicable) for 2020 is $23,750.00. Unless the Plan says otherwise, Final Average Earnings excludes severance pay.  Mandatory Participation; Opt Out Through Written Agreement with Employer - Unless an employer’s Adoption Agreement says participation in the Plan is optional for one or more classes of eligible employees, all eligible employees must participate in the Plan. However, if, within 120 days of becoming employed or taking office, an eligible employee (or elected official, if elected officials are permitted to participate in an employer’s Plan) enters into a written agreement or employment contract agreeing not to participate in the DB Plan, the employee will be ineligible to participate in the Plan. The employer must notify GMEBS if an otherwise eligible employee has entered into such an agreement. The employee may not become a participant in the employer’s Plan in the future unless the employer amends its Adoption Agreement to specifically require participation by the employee.  Immediate Participation for all Eligible Employees - Effective January 1, 2015, eligible employees become participants in the Plan on the date on which they become employed. If a plan is contributory, employee contributions must begin when an eligible employee begins work. A participant must still be 284 SUMMARY OF KEY AMENDMENTS -2- employed with an employer for a minimum of one (1) year in order for his or her service to count for portability or actuarial reserve death benefit purposes.  Repayment of Withdrawn Employee Contributions; Interest and Timing - If a participant who has terminated employment and withdrawn employee contributions returns to service with the employer, he or she may repay the employee contributions to restore forfeited service credit. The withdrawn funds must be repaid no later than six (6) months following reemployment, in a lump sum with interest, compounded annually from the date of withdrawal to the date of repayment.  No Employee Contributions While Receiving In-Service Distribution - Participants in plans that require employee contributions and allow in-service distribution of benefits will not be required or allowed to make contributions under the plan while receiving an in-service distribution.  In-Service Distribution - As a general rule, employees or elected officials may not draw retirement benefits while employed. If a plan allows in-service distribution, a participant must be at least age 62 to receive retirement benefits while employed. If a plan allows in-service distribution and has an alternative normal retirement provision with a minimum age of at least 50 specifically for public safety employees, public safety employees who are eligible for the alternative normal retirement may receive an in-service distribution even if they are younger than age 62. “In-service distribution” means a distribution of normal or alternative normal retirement benefits without a bona fide separation from service. A “bona fide separation from service” is a separation from service of at least six months with no expectation of returning to service. (For a few plans with grandfathered in-service distribution provisions, other minimum age limits may apply.)  Auto A Terminated Vested Death Benefits as Default - The Auto A terminated vested death benefit applies to all vested participants who terminate employment on or after October 1, 2016, and who were not already covered by a terminated vested death benefit under the employer’s GMEBS retirement plan.  Default Death Beneficiaries - Effective July 1, 2015, if a participant who is eligible for pre-retirement death benefits dies before retirement and does not have a designated pre-retirement beneficiary, his or her surviving spouse, if any, will be considered the pre-retirement beneficiary. If there is no surviving spouse, the participant’s pre-retirement death benefits will be paid in a lump sum to the participant’s estate. With the exception of the payment of the actuarial reserve in- service death benefit to the estate (which already provided for payment of death benefits to the participant’s estate in the absence of a designated pre-retirement beneficiary or surviving spouse), the amount of the pre-retirement death benefit payment to a participant’s estate will be 50% of the actuarial equivalent of the participant's vested accrued benefit.  Application for Disability Benefits – The rules for retroactive disability benefits depend on when the participant terminated employment due to disability. For a 285 SUMMARY OF KEY AMENDMENTS -3- participant who terminates due to disability on or after April 1, 2015, to receive both retroactive and prospective GMEBS disability benefits, the participant must apply for disability benefits with the Social Security Administration (“SSA”), or with the Pension Committee, as applicable, within one year of termination. Within six months of receipt of the SSA award letter, the participant must submit a GMEBS retirement application and the SSA disability award letter (or Pension Committee determination of disability, if applicable) to the Pension Committee Secretary. Participants who do not meet these timing requirements but are otherwise eligible for disability benefits under the Plan can receive prospective benefits following submission of a retirement application and SSA disability award letter to GMEBS. For a participant who terminated due to disability on or after July 1, 2011, but before April 1, 2015, to receive both retroactive and prospective disability benefits, the participant must have both submitted a GMEBS retirement application to the Pension Committee Secretary and applied for disability benefits with the SSA (or with the Pension Committee, as applicable) within one year of termination, and submitted the SSA disability award letter (or Pension Committee determination of disability, if applicable) to GMEBS within six months of receiving it. Participants who failed to meet these timing requirements but were otherwise eligible for disability benefits under the Plan could receive prospective benefits after submitting a GMEBS retirement application and SSA disability award letter to GMEBS.  Employer Indemnification of GMEBS; GMEBS Reliance on Information Provided by Employer and Participant; Payment of Benefits Conditioned on Receipt of Information - By participating in the Plan, employers agree to indemnify and hold GMEBS harmless for any failure to pay benefits, any delay in paying benefits, or any other errors in processing benefits due to the employer’s failure to perform its obligations under the Plan or provide accurate data to GMEBS. The Plan states that GMEBS is entitled to rely on information provided to it by employers, participants and beneficiaries. Payment of benefits under the Plan is conditioned on each payee providing GMEBS accurate information.  Correction of Overpayments to Deceased Individual - If a participant or beneficiary dies and GMEBS makes excess payments due to not knowing the payee has died, GMEBS will make reasonable efforts (not including litigation or collections processes) to recover the overpayment for a period of 60 days. If, after 60 days following notice of the participant’s or beneficiary’s death, GMEBS has not been able to recover the overpayment, the loss associated with overpayment will be charged against employer’s trust fund. The employer will be required to make a separate payment to the trust fund to make up for the loss. The employer may continue to try to recover the overpayment.  Correction of Underpayments to Deceased Individual - With respect to underpayments corrected on or after January 1, 2017, if the corrective payment is owed to a deceased party, the corrective payment will be paid to the deceased party’s surviving spouse. If there is no surviving spouse, the benefit will be paid to the deceased party’s estate. 286 City of Tybee Island (2018-2020 Restatement) GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Tybee Island, Georgia as follows (complete one or more sections, as applicable): *** Items (1) through (11) of General Addendum – Not Applicable *** (12) Minimum and Maximum Limits on Normal Retirement Benefit Amount for Regular Employees. Check one or more as applicable: (a) The minimum monthly normal retirement benefit amount shall be: $________, _____% of the Participant's Final Average Earnings (specify minimum monthly amount or percentage). The minimum benefit amount elected above shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify) _______________________________________________________. (b) The maximum monthly normal retirement benefit amount shall be: $_______, 100% (specify maximum monthly amount or percentage) of: the highest monthly earnings used to calculate the Participant's Final Average Earnings, the Participant's Final Average Earnings. This maximum benefit limit shall apply in addition to and not in lieu of any applicable limits under Internal Revenue Code Section 415. The maximum benefit amount elected above shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify) _______________________________________________________. 287 - 2 - City of Tybee Island (2018-2020 Restatement) Note: The minimum or maximum limit elected above shall apply to the standard form of payment. If the Participant elects a different form of benefit payment, the limit shall be actuarially adjusted based on the form of benefit payment elected. *** Items (13) through (15) of General Addendum – Not Applicable *** The terms of the foregoing Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Tybee Island, Georgia this ________ day of _____________, 20____. Attest: CITY OF TYBEE ISLAND, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ 288 - 3 - City of Tybee Island (2018-2020 Restatement) Secretary 289 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: 16. Resolution, 2020-01, Supporting Legislation for the Georgia Local Government Infrastructure Finance Authority Act 290 CITY OF TYBEE ISLAND RESOLUTION 2020-1 Supporting Legislation for the Georgia Local Government Infrastructure Finance Authority Act WHEREAS, locally elected officials work in partnership with citizens, the state of Georgia and the federal government to address ongoing funding needs for infrastructure projects and other capital investments which are crucial to maintaining safe communities and impact economic development efforts; and WHEREAS, Georgia cities have $11.2 billion of capital needs between now and the year 2022, with the greatest needs being infrastructure, public safety and government buildings; and WHEREAS, taxpayers consistently continue to invest local dollars by supporting Special Purpose Local Option Sales Tax (SPLOST) and Transportation Special Purpose Local Option Sales Tax (TSPLOST) referendums; and WHEREAS, tax increases alone will not be sufficient to address all outstanding projects, state legislation to establish a local government finance authority would provide a lower cost, efficient source for municipal and county governments to fund various projects and equipment needs; and WHEREAS, an authority could be operated by both Georgia Municipal Association (GMA) and Association County Commissioners of Georgia (ACCG) to issue tax-exempt bonds to local government for financing of goods, real and personal property, structures and supplies; and WHEREAS, such financing would be through revenue bonds pursuant to intergovernmental contracts; and WHEREAS, while municipalities are currently authorized under Georgia law to participate in lease purchase financing, it is more expensive relative to other governmental financing options; and WHEREAS, changing state law to provide municipalities and counties a more efficient funding source through the issuance of pooled revenue bonds by a local government finance authority will reduce the overall costs of capital spending and save Georgia taxpayers dollars. 291 NOW, THEREFORE, be it resolved by Mayor and Council of the City of Tybee Island in an open meeting assembled do hereby support for the Georgia Local Government Infrastructure Finance Authority Act. SO RESOLVED this 13 day of February 2020. CITY OF TYBEE ISLAND, GEORGIA By: _______________________ Shirley Sessions, Mayor ATTEST: By: ________________________ Janet LeViner, CMC Clerk of Council 292 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: 17. Resolution 2020-02 for Plat Approval: Makel and Marine Science Center 293 RESOLUTION 02-2020 AUTHORIZING THE RECORDING OF A PLAT INVOLVING PARCELS OF REAL ESTATE WHICH INCLUDE FORMER CITY UNOPENED RIGHT OF WAY SO AS TO REFLECT A PORTION OF SUCH RIGHT OF WAY AS A SEPARATE PARCEL WHEREAS, the City had previously conveyed unopened Limewood Drive right- of-way to William C. Fleetwood by deed dated May 15, 1974 which is now owned by Dave and Martha Makel (hereinafter the Makels), who acquired ownership along with property identified as 41 Meddin Drive, now identified with additional property and known and identified collectively as tax parcel 4-0001-03 -009: and WHEREAS, the Makels have agreed to convey the real property described on Exhibit A hereto, including the former City right-of-way to Limewood Drive and to lease such separate parcel to the City and the Tybee Island Marine Science Center (“MSC”) exclusively for the purposes of outdoor displays of exhibits and recreational items by the Marine Science Center. To ensure that the City may lease the property as a distinct parcel, it should be identified and deemed to exist for purposes of such lease and an appropriate plat reflecting the former unopened right-of-way of Limewood Drive identified as parcel “2B” thereon has been prepared and is attached as Exhibit A hereto; and WHEREAS, the Tybee MSC is leasing abutting property from the City and desires use of the parcel identified below and on the attached plat as parcel 2B subject to the terms hereof and the terms of such leases; and WHEREAS, the parcel identified on the plat attached as Parcel 2B is not suitable for development as residential property nor as a separate buildable lot or parcel; and WHEREAS, the City desires that the attached plat be recorded for the sole purpose of creating a separate legal parcel for lease to the City and MSC identifying the property for purposes of the lease thereof to the City by Limewood Drive.; and NOW THEREFORE, it is hereby resolved by the Mayor and Council in open meeting, duly assembled, that the Mayor and Director of Planning & Zoning are hereby authorized to sign the plat attached hereto as Exhibit A and the Clerk is authorized to attest the signatures as appropriate in order that the plat may be recorded to establish parcel 2B as a separate parcel and that the lease referred to herein from Limewood Drive , LLC to the City for the purpose of the use by the MSC may be entered and that during the term of such lease, parcel 2B shall be recognized as a separate parcel for this purpose and not as a part of any adjoining parcel all until the termination of the lease . At the conclusion of the lease or the termination thereof, subject to its provisions, the property shall revert to its former status as previously existed and will continue to be a non- buildable parcel which may be recombined with adjoining property. In the event the lease is terminated or terminates and such reversion is to occur, notice thereof may be recorded by an affidavit of Limewood Drive, LLC or by Dave and Martha Makel or by the Tybee Island Marine 294 Science Center Foundation and/or the City of Tybee Island. It may be filed and reference this resolution and the plat attached hereto as recorded thereon to reflect the termination of the lease and the reversion of the property t o its prior status. SO RESOLVED this ______day of _____________, 2020. By: ________________________________ Shirley Sessions, Mayor Attest: _____________________________ Jan LeViner, Clerk APPROVED AS TO FORM: __________________________ Edward M. Hughes City Attorney 295 296 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: 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 297 A 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 GEORGIA DEPARTMENT OF NATURAL RESOURCES COASTAL RESOURCES DIVISION. Whereas, the City of Tybee Island (“City”) has invested significant time and money in working with the US Army Corps of Engineers and the Georgia Department of Natural Resources to build and maintain its coastal resilience through regular beach nourishment, dune restoration, and dune vegetation, and Whereas, the strengthening and maintenance of the City’s coast and marsh are vital to its protection from storm and flood events and its economic growth and vitality as a popular summer resort destination, and Whereas, the monitoring of beach and dune erosion and the growth of vegetation on the dunes is critically important to provide measurement and understanding to future improvements, and Whereas, improving understanding of coastal hazards and potential impacts so as to improve coastal resilience, a key theme of the Georgia Department of Natural Resources Coastal Resources Division 2020-2021 Cycle 23 Coastal Incentive Grant Program under which the City is applying for a grant, is directly consistent with the City’s mission to improve monitoring of its shoreline and dunes, Now therefore be it resolved that the Tybee Island City Council, having met and considered the matter in open session on February 13 th, 2020 does hereby authorize staff to apply for a Coastal Incentive Grant through the Georgia Department of Natural Resources Coastal Resources Division and upon award of the grant, the City Council shall enter into a Project Agreement between the City of Tybee Island and Georgia Department of Natural Resources Coastal Resources Division. Dated this 13th day of February 2020 City of Tybee Island City Council ___________________________ Shirley Session, Mayor Attest: _________________________ Janet LeViner, CMC City Clerk 298 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: 19. Resolution 2020-04, In opposition of HB 523 (Monty Parks) 299 300 301 RESOLUTION 2020 – 4 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND IN OPPOSITION TO HOUSE BILL 523 CONCERNING REGULATION OF SHORT-TERM VACATION RENTALS WHEREAS, the City of Tybee Island is a community which has a substantial portion of residential property used as or for short term vacation rental purposes; and WHEREAS, the City derives revenue from short term vacation rental businesses and taxes associated therewith; and WHEREAS, the City of Tybee Island has diligently worked to develop ordinances and guidelines for the control and operation of short-term vacation rentals; and WHEREAS, the Constitution of the State of Georgia provides for local land use controls; and WHEREAS, the City of Tybee Island believes that the local control of short-term vacation rental operations is critical to the use and enjoyment of residential properties on the island for the benefit of residents, visitors and tourist; and WHEREAS, the City of Tybee Island, through its elected officials and staff, has worked and sought to achieve a balance between the interest of residents and visitors while respecting individual property rights and the needs of the community; and WHEREAS, House Bill 523 under consideration by the Georgia Legislature would effectively remove local control over the operation of short-term vacation rental properties; and 302 WHEREAS, the City wishes to express through this resolution, its opposition to House Bill 523 removing local control over the operation of short-term vacation rental properties and impairing the ability of City to control the operation of such facilities; and WHEREAS, the removal of local control over short-term vacation rental operations would be contrary to the quality of life on Tybee Island and contrary to the best interest of the city; NOW THEREFORE, be it resolved by the Mayor and Council in open meeting duly assembled as follows: The Mayor and Council of the City of Tybee Island adopt this resolution to requests that the Georgia General Assembly reject House Bill 523 so as to continue the ability of local governments to control the operation of short term vacation rental properties within the boundaries of the local government. Further, the City request that the Georgia General Assembly be made aware of the City’s opposition to the removal of local control over the operation of short-term vacation rentals of residential properties. Be it further resolved that a copy of this resolution be immediately transmitted to the appropriate legislative elected officials and their representatives so that they will be made aware of the City’s opposition to House Bill 523 and the effort to remove local jurisdiction and control over the operation of short term vacation rental properties. IT IS SO RESOLVED in open meeting, this ____ day of ___________________, 2020. CITY OF TYBEE ISLAND, GEORGIA By: ___________________________________ Shirley Sessions, Mayor 303 This resolution passed in open meeting by unanimous vote _____ or by a majority vote of ____ to _____. ATTEST: By: ___________________________________ Clerk of Council 304 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: 21. Bubba Hughes: Ante Litem, Olivia Simons 305 306 307 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: 22. Bubba Hughes: Builder's Risk Coverage, Marine Science Center 308 ENDORSEMENT Authorized Representative ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. FHTK E 003 PAGE 1 OF 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement #: 5 * THIS INFORMATION IS COMPLETED ONLY WHEN THIS ENDORSEMENT IS ISSUED SUBSEQUENT TO PREPARATION OF THE POLICY. Company Name*: Tokio Marine Kiln Syndicate 1880 & 510 Policy Number: CSN0005428 Named Insured*: West Construction Co. GA, LLC Policy Effective Date: 01/28/2019 Producer*: Risk Placement Services, Inc. Endt. Effective Date: 01/28/2020 EXTENSION OF POLICY PERIOD ENDORSEMENT In consideration of the payment of additional premium as shown below, the policy period set forth in Item 5 of the Declarations is amended to read as follows: This policy shall be effective on 01/28/2019 and shall expire on 03/28/2020 both at 12:01am standard time, at the location of the INSURED PROJECT*. An additional premium of $2,689 (TRIA Included) is charged to adjust. (100% of this premium is fully earned as of the effective date of this endorsement and is not subject to return or refund.) This policy shall extend coverage terms and conditions of all effective endorsements to be concurrent with the coverage terms and conditions as reflected by this endorsement. 309 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: 23. Shawn Gillen: Beach Safety Update - Beach Rule Enforcement Update 310 311 312 313 314 315 316 317 318 319 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: 24. Minutes, Planning Commission, January 13, 2020 320 PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES January 13, 2020 Chair Bishop called the January 13, 2020 Tybee Island Planning Commission meeting to order. Commissioners present were David McNaughton, Charles Matlock, Marianne Bramble, Ron Bossick and Alan Robertson. Tina Gann was absent. Consideration of Minutes: Chair Bishop asked for consideration of the December 16, 2019 minutes. Commissioner Alan Robertson made a motion to approve. Vice Chair Ron Bossick seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. There were none. Old Business: Information: Susan Kimbrell – 1008 Bay Street, Tybee Island Ga. Updates on property at Polk and Solomon. Susan Kimbrell approached the Planning Commission and stated she lives at 1008 Bay Street, Tybee Island and she represents Forty Tybee Citizens concerned about the development of the Polk and Solomon property. She stated 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. She stated one of their concern is how were utility and sewer lines approved when a document from Whitaker Labs states the EPD does not allow utility lines laid through landfill. She also stated they hope the Planning Commission and City Council will maintain a watchful eye over any and all activity related to the development of this property. Ensuring that legal, ethical, moral and environmentally sound practices are followed in the best interest of all of the Tybee Citizens. New Business: Zoning Variance: encroach rear setback with steps to maximize porch area – 11 Bright Street – 40002 15006 – Zone R-1-B – Mike and Deb Goldberg. George Shaw approached the Planning Commission and stated the petitioner Mr. Goldberg has been in the process of building a new house at 11 Bright Street and designed it within all the setbacks and now has decided that he would like more space on the back porch. That is why he is here today to ask for a variance of three and a half feet into the rear setback. Staff does not see this as a hardship and 321 recommends denial. Mr. Goldberg approached the Planning Commission and stated he lives at 8 Logan Street, Tybee Island. Mr. Goldberg stated him and his wife plan to retire at the 11 Bright Street address and realized the way it was designed just isn’t enough room on the back porch and the steps need a shorter rise and that would take even more room from the porch. Commissioner David McNaughton asked if he considered a spiral staircase. Mr. Goldberg stated they do have two on the front of the house and most of those have an eight inch rise and he would rather have a traditional set in the rear with a lower rise. Commissioner Alan Robertson made a motion to Deny. Commissioner David McNaughton seconded. The vote to Deny was unanimous. Text Amendment: Definitions for home based business. George Shaw approached the Planning Commission and stated over the summer the Mayor asked us to review the home based and home occupation ordinance. After some time going back and forth we came to an acceptable conclusion which has been passed and in the process the attorney noticed it created a small conflict with our definitions and this is a correction of the definition that goes with the new ordinance. Vice Chair Ron Bossick made a motion to approve. Commissioner Marianne Bramble seconded. The vote to approve was unanimous. Lisa L. Schaaf Meeting Adjourned 7:30pm 322 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: 25. Minutes, TIMSF Board of Trustees Meting Minutes 323 Cultivate responsible stewardship of coastal Georgia’s natural resources through education and conservation. Date: January 13, 2020 Present: Sakas, Procopio,  Hutton, Pride, Duch, Makel, Williams, Johnson, Daves (remote), Brown, and staff member Janice Insley Absent: Beil, Neal Call to order:  Sakas  Announcements: Sakas announced a pledge of $10,000 to the Bringing The Outside In campaign from Hank and Wendy Paulson                Financial Reports: •Duch presented a summary of highlights of 2019 Fiscal Year. Most notable was the 59% increase in net income. Duch advised that this estimate is pre-audit and may be revised with annual audit. •Sakas praised the director and staff for the profitable year despite the demands of preparing for the new facility. Insley attributed the success to the streamlined processes that have created an efficient working and accounting environment. •Duch presented proposed Foundation 2020-24 Budget Projection for approval. Hutton moved to approve, Duch seconded. Vote: unanimous •Duch presented a draft contract for the Foundation to be a fiscal sponsor for Whale Week (WW) and so a program of the science center. Paulita Bennett-Martin will continue to lead the WW effort and Procopio will have program oversight and maintain control of finances. The agreement is attached and the resolution follows: WHEREAS, the Executive Director has recommended that Tybee Island Marine Science Foundation (Client) fiscally sponsor the Whale Week Project (Project) described in the report presented to the Board at this meeting; and WHEREAS, the Board has determined that fiscal sponsorship of the Project furthers Client’s mission and charitable goals. NOW, THEREFORE, BE IT: RESOLVED, that Client shall serve as fiscal sponsor of the Project, which at all times shall be subject to the ultimate authority of the Board; RESOLVED FURTHER, that the Board hereby authorizes and approves the entry into and performance by Client of a fiscal sponsorship agreement (Agreement) with the Project, and that the Executive Director and Treasurer, authorized and directed to execute and deliver, in the name and on behalf of Client, the Agreement, with such final terms and in such final form as each may approve, such execution and delivery to be conclusive evidence of the authority of each in so doing; RESOLVED FURTHER, that the Board hereby authorizes and approves the establishment of a restricted fund to receive donations of cash and other property earmarked for support of the Project; RESOLVED FURTHER, that Client shall retain complete control and discretion over the use of all contributions it receives on behalf of the Project, subject only to any charitable trust restrictions that apply to such contributions, and all contributions received by Client from solicitations for specific grants shall be regarded as for the use of Client and not for any particular organization or individual mentioned in the solicitation; RESOLVED FURTHER, that the appropriate staff of Client be the Executive Director and Treasurer, and each of them hereby is, authorized and directed to take, in the name and on behalf of Client, all such further Officers Cathy Sakas, President Mike Neal, Vice-President Douglas Duch, Treasurer Jeanne Hutton, Secretary Directors Mary Ann Beil Nancy Daves Lane Johnson Dave Makel Carol Pride, Ph.D Karen Robertson Kathryn Williams City of Tybee Island Liaison Barry Brown EX-OFFICIO Executive Director Maria T. Procopio Tybee Island Marine Science Foundation Board of Trustees Advisors Venetia Butler Scott Center William Fleetwood Dionne Hoskins-Brown Debbie Kearney, Ph.D Anne Lindsay Dean Peterson Zelda Tenenbaum 324 actions and to prepare, execute, and deliver all such other agreements and documents in order to carry out fully the purposes and intent of the foregoing resolutions; and RESOLVED FURTHER, that any and all actions previously taken by Client or any of its staff in connection with the documents, transactions, and actions contemplated by the foregoing resolutions be, and hereby are, ratified and confirmed. Williams moved to accept the contract. Makel seconded.  Vote: Unanimous •Duch presented a Capital Campaign Bridge Loan resolution, attached, to allow him to proceed with bidding and finalizing a loan with lender. Lane added legal caveats. WHEREAS, the board of the Tybee Island Marine Science Center has decided to allow gifts to the Capital Campaign to be paid over a five year period. WHEREAS, because most cash outlays will occur in the first year, we will have a significant cash flow mismatch and "bridge financing" will be required for the 5 year gifting period. A LINE OF CREDIT (LOC)will be the loan type and the amount will not exceed $1.5 million. The LOC will be paid down as pledge money comes in each year. The First Chatham Bank (FCB), Queensborough Bank (QB), and Truist Bank (TB =SunTrust +BB&T) have each been given our financial package and we have asked each for a loan proposal. WHEREAS, significant cash outlays will be occurring soon, and financing needs to be in place. This will occur before the next board meeting. THEREFORE, BE IT: RESOLVED, The Board authorizes the Treasurer to select and finalize the loan arrangement with one of the 3 above banks. The final decision will be based on the merits of the overall loan package, to include, but not limited to: interest rate, repayment schedule, collateral requirements etc. Duch motioned to accept the resolution,  Hutton seconded. Vote: unanimous. The meeting was adjourned early so the Trustees could participate in the Capital Campaign Workshop.            Minutes submitted by:  Jeanne Hutton, Secretary 325 Jan-Dec 2019 Financial Highlights Program Fees Discovery Shop Gallery Admissions Expenses - Salaries & Rel Expense - Operations Net Income Total Equity Visitors- Full Year Group Programs Gallery Admissions Total OED 1/28/2020 Jan-Dec 2019 $207.4 K $174.9 K $172.6 K $328.5 K $35.0 K $90.7 K $450.7 K 2019 20423 40012 60435 Jan-Dec 2018 2018 18879 37988 56867 up12% up10% up6% up5% up2% up5% up5% Vs2019 Bud down4% up6% up5% down 10% 2017 17781 34603 52384 up7% up 32% N/A 2019 was an excellent year at the Center. We had double digit gains in Program Fees and Discovery Shop sales compared to 2018. We continue to grow net income, total equity, and, of course, visitors. See below for additional highlights. 326 2019-2020 Tybee Island Marine Science Foundation and Whale Week Fiscal Sponsor Agreement - DRAFT The Tybee Island Marine Science Foundation (TIMSF) has determined that sponsorship of the Whale Week (WW) project would be consistent with its goals, and wishes to make arrangements with WW for the implementation and operation of the project. An overview of Whale Week follows: Whale Week aims to bring together the Savannah community to support the plight of the North Atlantic Right Whale and learn about this majestic creature while they also learn of environmental factors affecting the NARW (and us all). Through a series of events, the Savannah community will learn about why the NARW is our state marine mammal, why we should work to preserve its habitat, and what actions the individual can take towards this effort. Through a network of artists, scientists, advocates, and other good humans, Whale Week hopes to create a bond with the greater Savannah community and their ocean legacy.  In it's second year, Whale Week has secured a diverse cast of partner groups and an exciting schedule of events:  •December 4th - Oatland Island Wildlife Center, Earth Detectives and TIMSC family night at Tybee Island Maritime Academy  •December 5th - Loop It Up, and TIMSC will host a family night at Julliette Low Elementary,  •December 6th - Savannah Arts Academy Film Dept. Movie Screening with Film-Truth,  •December 7th - Earth Detectives Book Reading Bull Street Library  •December 7th - Earth Detectives Book Reading at TIMSC  •December 7th - TIMSC and Whale Week at Thunderbolt Boat Parade of Lights •December 8th - Film-Truth Movie Screening and Panel Discussion at Tybee Post Theater •Also Abode Studios will carry NARW Holiday Gifts, and Ghost Coast will carry a Whale Week line of gifts too.  Learn more at whaleweek.org (http://whaleweek.org) or keep up with news at Facebook.com/WhalingWall (http://Facebook.com/WhalingWall) 1.The TIMSF hereby agrees to sponsor WW and to assume administrative, programmatic, financial, and legal responsibility for purposes of the requirements of funding organizations. The TIMSF agrees to implement and operate WW, in accordance with the terms of this agreement and with any requirements imposed by funding organizations. 2.WW shall be operated in a manner consistent with the TIMSF's tax-exempt status and as described in this agreement. No material changes in the purposes or activities of the WW shall be made without prior written permission of the TIMSF and in accordance with any requirements imposed by funding organizations, nor shall WW carry on activities or use funds in any way that jeopardizes the TIMSF's tax-exempt status. 3.WW shall not, and shall not permit the project to, attempt to influence legislation or participate or intervene in any political campaign on behalf (or in opposition to) any candidate for public office or otherwise engage in the carrying on of propaganda (within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986). To include the following activities: •WW will not use it's social media platform (Facebook.com/Whaling et al.) for indirect lobbying. This would include asking people to call federal representatives (Senators, Representatives or Presidential Administration) and demanding their support on a specific piece of legislation.  •WW will not use it's social media platform (Facebook.com/Whaling et al.) for grassroots lobbying. This would include asking people to contact state representatives or local municipal representatives to support a specific piece of legislation.  •WW outreach will not include any petitions or literature about specific pieces of legislation.  327 " WW will not use funds or resources to direct lobby any federal representatives (Senators, Representatives or Presidential Administration) or state and local elected officials.� 4.WW will provide the TIMSF with reports describing programs and services prior to public postings. 5.WW will provide all information and prepare all reports, including interim and �nal reports, required by funding organizations, with the TIMSF's assistance and �nal approval. 6.On behalf of WW, the TIMSF will establish and operate for the use of the project a designated account ("Account") segregated on the TIMSF's books. All amounts deposited into the WW's Account will be used in its support, less administrative charges, if any, and subject to the conditions set forth below. 7.The TIMSF will disburse funds from the Account in the following manner: Disbursements will be restricted to the support and implementation of the WW only. 8.The TIMSF designates Paulita Bennett-Martin to act as authorizing official. The authorizing official shall act as principal coordinator of the WW's daily business with the TIMSF, and shall have authority to sign disbursement requests. In the event that a disbursement is for the authorizing official, the TIMSF treasurer will sign the disbursement request. 9.The TIMSF will maintain all �nancial records relating to WW according to generally accepted accounting principles, retain records as long as required by law, and make records available to auditors as required by law. 10.The TIMSF and the WW will re�ect the activities of the project, to the extent required, on their state and federal government tax returns and �nancial reports. All disbursements from an Account shall be treated as payments made to or on behalf of the WW to accomplish the purposes of the project. WW will provide the TIMSF with proper documentation to accomplish this, including furnishing the TIMSF with the WW's Federal Employer Identi�cation Number. 11.In consideration of the TIMSF's agreement to sponsor WW, and to cover the TIMSF s expenses in connection with the project as outlined above, the WW will pay the following fees, charges, and expenses: " Admin Fee - 5% of revenue, calculated at �scal year-end. " 2019 - 20% of the proceeds, after event expenses are paid, will be allocated to the the "Smoke Goes to School" program. 12.This agreement will be subject to review annually and will terminate if any of the following events occur: a.The TIMSF requests WW to cease activities that it deems might jeopardize its tax-exempt status and the project fails to comply within a period of ten (10) days; b.WW fails to perform or observe any other covenant of this agreement, and this failure remains unremedied �fteen (15) days after notice in writing; c.Upon expiration of four weeks after either WW or the TIMSF has given written notice of its intent to terminate the agreement.] 13.In the event this Agreement is terminated, the TIMSF and WW will comply with any termination conditions imposed by funding organizations. In witness whereof, the parties hereto have executed this Agreement on the day and year �rst written above. Accepted for the TIMSF: ________________________________________________ date: _________________________ Accepted for the Whale Week: ________________________________________________ date: _________________________ 328 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: 26. Minutes, Ethics Commission, March 11, 2019 and December 4, 2019 329 Ethics Commission Minutes Meeting December 4, 2019 Approved January 15, 2020 Members Present: Ben Goggins, Michael Pappas, Mark Reed, Zelda Tenenbaum, Frances Kay Strickland Members Absent: Dennis Alexander, James McNaughton Ex-Officos Present: Janice Elliott, Recording Clerk Invited Guests: Charlie Barrow, Attorney for Ethics Commission Approval of Minutes: Zelda Tenenbaum made a motion to postpone the approval of the March 11, 2019 until the next scheduled meeting so that the members would have the proper time to review due to meeting time constraints and the length of the minutes. France Kaye Strickland seconded. Motion carried. Prior to Executive Session: Michael Pappas announced that he is recusing himself in this complaint due to the fact that he is a long time neighbor of the person named in the complaint. Mark Reed disclosed that his wife use to take music lessons of the person named in the complaint, but did not feel that would have a bearing on any decision that he would have to make regarding this complaint. Charlie Barrow gave a summary of the events prior to the complaint: An ordinance came up for adoption. The first reading and vote by Council was in November. In order for an ordinance to be adopted it takes two readings and a vote by Council each time. The ordinance under consideration had something to do with a change in a Home Occupation (Business) ordinance. Its final enactment or defeat (second readings) will come up in December. There were three council members for the ordinance (Wanda Doyle, Julie Livingston and Monty Park and two against the ordinance (Barry Brown and Spec Hosti). Call for motion to go into Executive Session to discuss w/attorney the matter at hand: Zelda Tenenbaum made a motion to go into Executive Session. Ben Goggins seconded the motion. Motion carried. Close Executive Session and reconvene meeting Frances Kay Strickland made a motion to close Executive Session and reconvene the open meeting. Ben Goggins seconded the motion. Motion carried. 330 Action on Ethics Complaint (received 11/25/2019): Ben Goggins made a motion to move the complaint procedure forward. Zelda Tenenbaum seconded. Motion carried. The complainant, Mr. McLemore, was there for the Ethics decision. He was not allowed to discuss the complaint but was asked if he had any questions on the next step in the process. Mr. McLemore stated that he felt that he understood the process. The recording clerk, Janice Elliott, stated that the language in the Complainant Letter needed to be revised. Mr. Barrow stated that can be adjusted at any time. Mr. Barrow asked either the Recording Secretary or the Clerk of Council contact him changing the language in the Complainant Letter particularly the second bullet point in the letter. Mr. McLemore did state that he was not contacted about the meeting. He happened to see it while digging through the website. Mr. Barrow stated that this may need to be addressed by the Commission for future complaints in the procedure. Adjournment: Frances Kay Strickland motioned to adjourn the meeting. Ben Goggins seconded. Motion carried. Meeting adjourned. 01/13/2020je 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347