HomeMy Public PortalAbout20200219WorkshopPacket.pdfCITY COUNCIL WORKSHOP
MAYOR 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
CITY COUNCIL WORKSHOP
AGENDA February 19, 2020 at 9:30 AM
Call to Order
Items for Consideration
1 Agreement between City of Tybee Island and Tybee Island Marine Science Center
2 Agreement with Makel, City of Tybee Island and Marine Science Center
3 Resolution 2020-02 for Plat approval: Makel and Marine Science Center
4 Agreement for First Chatham as to Landlord Release for Marine Science Center
5 Diesel Bypass Pumps RFP Contract recommending the pumps be purchased from
Goforth Williamson
6 Activities and Timeline
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable
accommodations for those persons.
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CITY COUNCIL WORKSHOP
MAYOR 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
Item Attachment Documents:
1 Agreement between City of Tybee Island and Tybee Island Marine Science Center
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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
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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,
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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."
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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
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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
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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
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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
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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.
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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
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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.
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(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"
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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
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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.
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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.
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(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
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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
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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:
19
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
20
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
21
22
CITY COUNCIL WORKSHOP
MAYOR 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
Item Attachment Documents:
2 Agreement with Makel, City of Tybee Island and Marine Science Center
23
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
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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
25
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
26
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.
27
(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]:
28
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
29
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
30
EXHIBIT “A”
Property
31
EXHIBIT “B”
Lease
32
CITY COUNCIL WORKSHOP
MAYOR 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
Item Attachment Documents:
3 Resolution 2020-02 for Plat approval: Makel and Marine Science Center
33
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
34
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
35
36
CITY COUNCIL WORKSHOP
MAYOR 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
Item Attachment Documents:
4 Agreement for First Chatham as to Landlord Release for Marine Science Center
37
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 38
Marine Science Center Foundation
(MSC/Borrower)
By: __________________________
Its: __________________________
City of Tybee Island
(City)
By: __________________________
Its: __________________________
First Chatham Bank
(Lender)
By: __________________________
Its: __________________________
39
CITY COUNCIL WORKSHOP
MAYOR 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
Item Attachment Documents:
5 Diesel Bypass Pumps RFP Contract recommending the pumps be purchased from
Goforth Williamson
40
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: ________________________________________________ 41
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: ________________________________________________
42
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: ________________________________________________ 43
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: ________________________________________________ 44
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.
45
�� A l l g a l v a n i z e d ?
�� G a l v a n i z e d s u p p o r t & g r a t i n g w i t h a l u m r a i l s ? O r o t h e r c o m b i n a t i o n o f t h e s e 2
m a t e r i a l s ?
�� A l l a l u m i n u m ?
�� F i b e r g l a s s g r a t i n g & h a n d r a i l o n g a l v a n i z e d o r a l u m i n u m s u p p o r t ? O r a n y
c o m b i n a t i o n ?
�� T r e a t e d w o o d s u p p o r t , d e c k i n g a n d r a i l s w i t h S S h a r d w a r e o r G a l v a n i z e d h a r d w a r e ?
T r e a t e d w o o d w i l l n o t b e a n a c c e p t a b l e m a t e r i a l
�� I f a l u m i n u m f a b r i c a t e d o r m o d u l a r ? E i t h e r o n e i s a c c e p t a b l e
o O r w o u l d t h e C i t y l i k e t o b u i l d t h e a c c e s s p l a t f o r m a f t e r t h e j o b i s c o m p l e t e d ? N o , c o n t r a c t o r
w i l l c o m p l e t e a l l a s p e c t s o f t h i s p r o j e c t .
�� P l e a s e p r o v i d e m o r e d e t a i l r e g a r d i n g t h e c o n c r e t e p u m p s u p p o r t s . S u c h a s , b u t n o t l i m i t e d
t o : C o n t r a c t o r s h a l l p r o v i d e t h e n e c e s s a r y d e s i g n , m a t e r i a l s , a n d w o r k m a n s h i p f o r t h e c o n c r e t e
s u p p o r t s . C o n t r a c t o r s h a l l p r o v i d e s h o p d r a w i n g p l a n / c a l c u l a t i o n s t o C i t y d u r i n g s u b m i t t a l p r o c e s s
f o r a p p r o v a l .
o S l a b a n d w a l l t h i c k n e s s .
o R e b a r
o S t r e n g t h o f c o n c r e t e
o F o o t i n g s i z e a n d d e p t h
�� W i l l t h e C i t y p r o v i d e t e s t i n g f o r t h e f o o t i n g s b e a r i n g a n d t h e c o n c r e t e ? C o n t r a c t o r s h a l l p r o v i d e
a l l t e s t i n g f o r t h e p r o j e c t a n d p r o v i d e c o p i e s t o C i t y f o r r e v i e w a n d a p p r o v a l .
o W h a t i s t h e e x p e c t e d b e a r i n g a v a i l a b l e a t e a c h s i t e ? A s s u m e 1 5 0 0 p s i s o i l s b e a r i n g c a p a c i t y .
�� A r e t h e p u m p s t o b e a n c h o r e d w i t h S S a n c h o r s d u e t o t h e s a l t a i r ? Y e s
�� A d d e n d u m 2 i n d i c a t e s n o e l e c t r i c a l n o t e s o r d e t a i l s .
o T h e I T B i n d i c a t e s a b l o c k h e a t e r f o r e a c h u n i t b l o c k h e a t e r s a r e t y p i c a l l y n o t p r o v i d e d i n
s t a n d - b y p u m p s i n o u r c l i m a t e ; ( i s t h i s p a r t o f a G E N S E T s p e c . ) I s a b l o c k h e a t e r
r e q u i r e d ? I f b l o c k h e a t e r i s r e q u i r e d , d o e s e a c h s t a t i o n h a v e a s p a r e c i r c u i t ( s ) ( h i g h a m p s )
o f s u f f i c i e n t s i z e t o o p e r a t e a b l o c k h e a t e r ? B l o c k h e a t e r i s n o t r e q u i r e d .
o T h e I T B i n d i c a t e s t r i c k l e c h a r g e r . D o e s e a c h s t a t i o n h a v e a s p a r e c i r c u i t ( t h e s e a r e l o w
a m p s ) f o r a t r i c k l e c h a r g e r ? O r w o u l d a m o u n t e d s o l a r p a n e l c h a r g e r b e p r e f e r r e d ? A s p a r e
c i r c u i t s h a l l b e p r o v i d e d f o r t h e t r i c k l e c h a r g e .
o T h e I T B i n d i c a t e s a l i q u i d l e v e l t r a n s d u c e r b e p r o v i d e d ? P l e a s e p r o v i d e t y p e , s p e c . &
d e t a i l s . A s e t o f f l o a t s c a n b e p r o v i d e d w i t h t h e p u m p s t h a t d o e s n o t r e q u i r e a n y 1 2 0 v p o w e r
f r o m t h e e x i s t i n g p u m p s t a t i o n p a n e l . F l o a t s w o u l d b e a c c e p t a b l e .
A l l o t h e r t e r m s , c o n d i t i o n s , s p e c i f i c a t i o n s , a n d r e q u i r e m e n t s a s n o t e d i n t h e o r i g i n a l R F P r e m a i n
u n c h a n g e d a n d m u s t b e m e t .
R e t u r n t h i s s i g n e d a d d e n d u m w i t h y o u r p r o p o s a l r e s p o n s e .
N a m e o f C o m p a n y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
N a m e / T i t l e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
S i g n a t u r e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4 6
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
47
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
48
SB PG Total
Points
Awarded
Points
Awarded
30 25
15 15
15 10
5 7
5 5
70 62 132
BRW
49
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
50
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
51
52
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.
53
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*:
54
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
55
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.
56
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
57
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.
58
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-
59
performance or violation of contract terms. An award may be made to the next higher
ranked Proposer, for articles and/or services specified or they may be purchased on the
open market. The defaulting Contractor (or his surety) will be liable to City of Tybee
Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See
the contract documents for complete requirements.
2.15 Certification of Independent Price Determination: By submission of this proposal,
the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to
its own organization, that in connection with this procurement:
a. The prices in this proposal have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition, as to any
matter relating to such prices with any other proposer or with any competitor;
b. Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not knowingly
be disclosed by the proposer prior to opening, directly or indirectly to any other
proposer or to any competitor; and
c. No attempt has been made or will be made by the proposer to induce any other
person or firm to submit or not to submit a proposal for the purpose of restricting
competition.
2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications
and plans define a responsible Proposer as one who meets, or by the date of the proposal
acceptance can meet, certifications, all requirements for licensing, insurance, and
registrations, or other documentation required. The City has the right to require any or
all proposers to submit documentation of the ability to perform, provide, or carry out the
service or provide the product requested. The City has the right to disqualify the
proposal of any proposer as being unresponsive or un-responsible whenever such
Proposer cannot document the ability to deliver the requested product or service.
2.17 Insurance Provisions, General: The selected proposer to whom the contract is awarded
will be required to procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise from, or in
connection with, the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance must be
included in the proposal.
a. General Information that must appear on a Certificate of Insurance:
i. Name of the Producer (proposer’s insurance Broker/Agent).
ii. Companies affording coverage (there may be several).
iii. Name and Address of the Insured (this is the Company or Parent of the firm
the City is contracting with).
iv. A Summary of all current insurance for the insured (includes effective dates of
coverage).
v. A brief description of the operations to be performed, the specific job to be
performed, and contract number.
vi. Certificate Holder (Must include the City of Tybee Island as a certificate
holder and an additional insured).
THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF
TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN
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ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND
EXCESS LIABILITY COVERAGES.
b. Minimum Limits of Insurance to be maintained for the duration of the contract:
i. Commercial General Liability: Provides protection against bodily injury and
property damage claims arising from operations of a Contractor. This policy
coverage includes premises and operations, use of independent contractors,
products/completed operations, personal injury, contractual, broad form
property damage, and underground, explosion and collapse hazards. Minimum
limits: $2,000,000 bodily injury and property damage per occurrence and
annual aggregate.
ii. Worker's Compensation and Employer’s Liability: Provides statutory
protection against bodily injury, sickness or disease sustained by employees of
the Contractor while performing within the scope of their duties. Employer’s
Liability coverage is usually included in Worker’s Compensation policies, and
insures common law claims of injured employees made in lieu of or in addition
to a Worker’s Compensation claim. Minimum limits: $500,000 for each
accident, disease policy limit, and disease each employee and Statutory
Worker’s Compensation limit.
iii. Business Automobile Liability: Coverage insures against liability claims
arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000
combined single limit per accident for bodily injury and property damage.
Coverage must be written on an Any Auto basis.
THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN
MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA
&/OR EXCESS COVERAGES.
c. Special Requirements:
i. Extended Reporting Periods: The Contractor must provide the City of Tybee
Island with a notice of the election to initiate any Supplemental Extended
Reporting Period and the reason(s) for invoking this option.
ii. Reporting Provisions: Any failure to comply with reporting provisions of the
policies will not affect coverage provided in relation to this request.
iii. Cancellation: Each insurance policy that applies to this request must be
endorsed to state that it will not be suspended, voided, or canceled, except after
thirty (30) days prior to written notice by certified mail, return receipt
requested, has been given to the City of Tybee Island.
iv. Proof of Insurance: City of Tybee Island must be furnished with certificates
of insurance and with original endorsements affecting coverage required by
this request. The certificates and endorsements are to be signed by a person
authorized by the insurer to bind coverage on its behalf. All certificates of
insurance are to be submitted prior to, and approved by, the City of Tybee
Island before services are rendered. The Contractor must ensure Certificate of
Insurance is updated for the entire term of the City of Tybee Island contract.
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v. Insurer Acceptability: Insurance is to be placed with an insurer having an
A.M. Best’s rating of A and a five (5) year average financial rating of not less
than V. If an insurer does not qualify for averaging on a five-year basis, the
current total Best’s rating will be used to evaluate insurer acceptability.
vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract
termination by the City of Tybee Island Mayor and Council.
vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured
retention must be declared to, and approved by, the City of Tybee Island. At
the option of the City of Tybee Island, either: the insurer will reduce or
eliminate such deductibles or self-insured retention as related to the City of
Tybee Island, its officials, officers, employees, and volunteers; or the
Contractor will procure a bond guaranteeing payment of related suits, losses,
claims, and related investigation, claim administration and defense expenses.
2.18 Compliance with Specification - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers, Specifications, Special
Conditions, Addendum, and/or any other pertinent documents form a part of the
Proposal and by reference are made a part hereof.
2.19 Signed Proposal Considered Offer: The signed Proposal will be considered a binding
offer on the part of the Proposer, which offer will be deemed accepted upon approval by
the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be
applicable. In case of a default on the part of the Proposer after such acceptance, the City
of Tybee Island may take such action as it deems appropriate, including legal action, for
damages or lack of required performance.
2.20 Notice to Proceed: The successful proposer must not commence work under this RFP
until a written contract is awarded and a Notice to Proceed is issued by the Purchasing
Agent or his designee, or as specified in the Special Conditions. If the successful
Proposer does commence any work or deliver items prior to receiving official
notification, he does so at his own risk.
2.21 Protest Policy: Any proposer who is aggrieved in connection with the award of a
contract may file a protest with the Purchasing Agent. The protest must be submitted no
later than 48 hours prior to the date the award recommendation is scheduled to be
approved by City Council. Recommendations to Council are usually posted on the
preliminary agenda on the City's website on the Thursday prior to the Council meeting
date. It is the proposer's responsibility to ascertain the City's recommendation for award..
Protests must be made in writing to the Purchasing agent, Melissa Freeman at
mfreeman@cityoftybee.org, with the subject line Protest: RFP #2019-749, and must
include the following information:
a. Name, address, email address, and telephone numbers of the protester;
b. RFP number;
c. Detailed statement of the legal and factual grounds for the protest, including a
description of resulting harm to the protester;
d. Copies of supporting documents, if any;
e. Statement of relief requested;
f. All information establishing that the protester is an interested party for the
purpose of filing a protest on an award decision;
g. All information establishing the timeliness of the protest.
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2.22 Payment to Contractors: Instructions for invoicing the City of Tybee Island for
products delivered to the City are specified in the contract document.
a. Questions regarding payment may be directed to the Accounting Department at 912-
472-5024 or City of Tybee Island’s Project Manager as specified in the contract
documents.
b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of
the products or completion of the work as more fully described in the contract
document.
c. Upon completion of the work or delivery of the products, the Contractor will
provide the City of Tybee Island with an affidavit certifying all suppliers, persons or
businesses employed by the Contractor for the work performed for the City of
Tybee Island have been paid in full.
d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or
person under contract with City of Tybee Island is required by Georgia law to pay
State sales or use taxes for products purchased in Georgia or transported into
Georgia and sold to City of Tybee Island by contract. Please consult the State of
Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656 -
4065 for additional information.
2.23 City’s Rights Concerning Award: The City reserves the right, and sole and complete
discretion to waive technicalities and informalities. The City further reserves the right,
and sole and complete discretion to reject all proposals, and any proposal that is not
responsive or that is over the budget, as amended, or that fails to suit the needs of the
City as determined by the City in its sole discretion. In judging whether the Proposer is
responsible, the City will consider, but is not limited to consideration of, the following:
a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or
otherwise excluded from contracting by any state or federal agency, department, or
authority;
b. Whether the Proposer or principals have been terminated for cause or are currently
in default on a public works contract;
c. Whether the Proposer can demonstrate a commitment to safety with regard to
Workers' Compensation by having an experience Modification Rate (EMR) over the
past three years not having exceeded an average of 1.2; and
d. Whether the Proposer’s past work provides evidence of an ability to successfully
complete public works projects within the established time, quality, or cost, or to
comply with the Proposer’s contract obligations.
2.24 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will
ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership,
joint venture, or any other entity regardless of the form of business organization, that is
on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State
of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity.
This includes pending litigation or claims with the City or other government entities.
Contractor will immediately notify City of Tybee Island in the event any subcontractor is
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added to a Federal, State or other Government Entity listing after award of the
subcontract.
2.25 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City
employees, and elected officials regarding this product or service solicitation, Request
for Proposal (RFP) or contract by any member of a proposer’s staff, or those people
employed by any legal entity affiliated with an organization that is responding to the
solicitation is strictly prohibited. Negative campaigning through the mass media about
the current service delivery is strictly prohibited. Such actions will cause render your
proposal invalid. In order to conduct this procurement transaction in manner that
provides full and open competition and meet the Federal Uniform Guidance
Requirements to ensures objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements,
statement of work, or invitation for bids or request for proposal must be excluded from
competing for this contract.
2.26 Georgia Open Records Act: The responses will become part of the City of Tybee
Island’s official files without any obligation on the City of Tybee Island’s part.
Ownership of all data, materials and documentation prepared for and submitted to City
of Tybee Island in response to a solicitation, regardless of type, will belong exclusively
to City of Tybee Island and will be considered a record prepared and maintained or
received in the course of operations of a public office or agency and subject to public
inspection in accordance with the Georgia Open Records Act, Official Code of Georgia
Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law.
It is the responsibility of the Proposer to notify the City of any documents turned over
which contain trade secrets or other confidential matters. A Proposer submitting records
which the entity or person believes contains trade secrets and that it wishes to keep such
records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the
records an affidavit affirmatively declaring that specific information in the records
constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official
Code of Georgia. See also, section 2.27.
Proposals will not be opened in public, and the information is exempt from disclosure,
including the Open Records Act, until the RFP has been awarded, or all proposals have
been rejected.
City of Tybee Island will not be held accountable if material from responses is obtained
without the written consent of the proposer by parties other than the City of Tybee
Island, at any time during the solicitation and evaluation process.
2.27 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret
information to the City of Tybee Island, the information must be clearly labeled as a
Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade
secrets to the extent provided by law.
2.28 Contractor Records: The Georgia Open Records Act is applicable to the records of all
contractors and subcontractors under contract with the City of Tybee Island. This applies
to those specific contracts currently in effect and those that have been completed or
closed for up three (3) years following completion.
2.29 Method of Compensation: The compensation provided for herein will include all
claims by the contractor for all costs incurred by the contractor in the conduct of the
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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
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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
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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
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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_____
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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:
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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:
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ATTACHMENT D
O.C.G.A. § 50-36-1(e)(2) Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________ contract
for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND,
Georgia, the undersigned applicant verifies one of the following with respect to my application
for a public benefit:
1) _________ I am a United States citizen.
2) _________ I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and
Nationality Act with an alien number issued by the Department of Homeland
Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has
provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_____________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be
guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such
criminal statute.
Executed in ___________________ (city), __________________(state).
_________________________________
Signature of Applicant
_________________________________
Printed Name of Applicant
SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____
_________________________
NOTARY PUBLIC
My Commission Expires:
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ATTACHMENT E
CITY OF TYBEE ISLAND VENDOR INFORMATION
Vendor Name: ________________________________________________________________________
Product or Services Provided: __________________________________________________________
Sales Contact Information
Contact: ___________________________________ Email: ____________________________________
Phone: _____________________________________ Fax: ______________________________________
Address:
_______________________________________________________________________________________
Accounts Receivable Information
Contact: ___________________________________ Email: ____________________________________
Phone: _____________________________________ Fax: ______________________________________
Remittance Address: ___________________________________________________________________
Federal Tax Id #: _______________________________________________________________________
Attach Copy of W-9 and Occupational Tax Certificate
Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property.
Our terms are net 30
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ATTACHMENT F
CERTIFICATION REGARDING DEBARMENT
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION:
By signing and submitting this proposal, the prospective lower tier participant is providing
the signed certification set out below.
1. The certification referred to in this paragraph is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the City of Tybee Island may pursue available remedies, including
suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the
City if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed
circumstances.
3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier
covered participant,” “persons,” “lower tier covered transaction,” “principal,”
“proposal,” and “voluntarily excluded,” as used in this paragraph, have the meanings
set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549, 49 CFR part 29.
4. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized in writing by the City.
5. The prospective lower tier participant further agrees by submitting this proposal that it
will include the clause titled “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,” without
modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
6. A participant in a covered transaction may rely upon certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which
it determines the eligibility of its principles. Each participant may, but is not required to,
check the Nonprocurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
paragraph. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
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8. Except for transactions authorized under paragraph 4 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the
Federal Government, the City may pursue available remedies, including suspension
and/or debarment.
NAME OF COMPANY: _________________________________________________________
COMPANY TAX ID: ___________________________________________________________
NAME OF AUTHORIZED REPRESENTATIVE: ____________________________________
TITLE OF AUTHORIZED REPRESENTATIVE: _____________________________________
SIGNATURE: _______________________________________ DATE: __________________
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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)
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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
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