HomeMy Public PortalAbout2021-759 Pavilion Renovation ITB.pdfINVITATION TO BID
ITB NO. 2021-759
PAVILION RENOVATION
BID DUE: TUESDAY, MARCH 9, 2021 at 2:00pm
CITY OF TYBEE ISLAND, GEORGIA
SHIRLEY SESSIONS, MAYOR
BARRY BROWN, MAYOR PRO TEM SPEC HOSTI
MONTY PARKS NANCY DEVETTER
JOHN BRANIGIN JAY BURKE
DOCUMENT CHECK LIST
The following documents are contained in and made a part of this Invitation to Bid, or are required
to be submitted with the bid. It is the responsibility of the Bidder to read, complete and sign, where
indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE
FOR DISQUALIFICATION OF THE BIDDER
INTRODUCTION
SPECIFICATIONS AND REQUIREMENTS
1. INSTRUCTIONS TO BIDDERS
2. GENERAL INFORMATION
3. BID AND PERFORMANCE BOND
ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C.
SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F.
DEBARMENT CERTIFICATION; G. DRUG FREE WORKPLACE CERTIFICATION H. BID
FORM; I. CHECKLIST
SEPARATE ATTACHMENTS: 1. PROJECT MANUAL 2. DRAWINGS
INTRODUCTION
Date: 8-28-18
This is an invitation to bid to supply the City of Tybee Island, Georgia with products or
services as indicated herein.
Sealed bids must be received by 2:00pm local time, on Tuesday, March 9, 2021, at which time
and place all bids received will be publicly opened and read aloud. The City of Tybee Island
reserves the right to reject any or all bids.
METHOD OF AWARD: If the City of Tybee Island awards a contract from this ITB, it will be
awarded to the responsible bidder with the lowest responsive bid. Bidders must respond
completely by filling in all applicable blanks.
Signature of bidder indicates understanding and compliance with the terms of this request, the
requirements herein, and any subsequent award or contract. All specifications, conditions, and
representations made in this ITB will become an integral part of the contract. Nothing contained
within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole
or in part, for any costs associated with preparation, submission, or presentation of bids.
Instructions for preparation and submission of a bid are contained in this ITB package. Please note
that specific forms for submission of a bid are required.
The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement
procedures are conducted in a manner that provides maximum open and free competition. The City
seeks to ensure that all segments of the business community have access to supplying the goods
and services needed by the City. The City provides equal opportunity for all businesses and does
not discriminate against any persons or businesses regardless of race, color, religion, age, sex,
national origin or handicap.
The City is seeking a bid package for service or materials equal to or exceeding specifications set
forth on the attached pages. Bidders not meeting these standards will be rejected. The attached
specifications become and remain a part of this ITB.
All responses, inquiries, or correspondence relating to, or in reference to, this ITB, and all reports,
charts, displays, schedules, exhibits and other documentation by the bidders will become the
property of the City when received. The City retains the right to use any or all ideas presented in
any response to this ITB, whether amended or not. Selection or rejection of the bid does not affect
this right.
Drawings, and project manual with specification and requirements, may be found under
separate attachments.
1. INSTRUCTIONS TO BIDDERS
Purpose: The purpose of this document is to provide general and specific information for use in
submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as
described herein. All ITBs are governed by the Code of the City of Tybee Island, Georgia, 15-
2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia.
Bidders must carefully review all provisions of, and attachments to, this document prior to
submission. Each bid constitutes an offer and cannot be withdrawn except as provided herein. This
ITB and any attachments, plans, and/or other related documents can be found on the City’s website
at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the bidder to check the website for
additional information and/or addendums.
1.1 How to Prepare Bids:
All Bids must be:
a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
b. Bids must be signed by the business owner or authorized representative, with all
erasures or corrections initialed and dated by the official signing the Bid. ALL
SIGNATURE SPACES MUST BE SIGNED.
1.2 How to Submit Bids:
One original, and one electronic copy (usb flash drive) must be submitted in a sealed
opaque envelope, plainly marked with the ITB number and title, and bidder’s company
name, to the office of the address below prior to the time specified. Include all required
attachments, which can be found at the end of this document.
• Include all requested documents, including required bid bond. See
Attachment I
• City/County Occupational Tax Certificate Requirement: Contractor must
supply a copy of their Occupational Tax Certificate as proof of payment of the
occupational tax where their office is located. In addition, if a contract is
awarded, contractors that are not located on Tybee Island are required to
obtain a Tybee Island contractor registration. Contact Sharon Shaver for
additional information, at 912-472-5072, or in person at Tybee Island City Hall
403 Butler Ave, Tybee Island, Ga
• All Bids must be hand delivered, mailed, or sent by courier in sufficient time
to ensure receipt by the Purchasing Agent on or before the time and date
specified above. Include Vendor Name and ITB #2021-759/Pavilion renovation
on front of envelope.
• Courier or hand deliver bid package to:
MELISSA FREEMAN
TYBEE ISLAND CITY HALL
403 BUTLER AVE
TYBEE ISLAND, GA. 31328
• Bids may be submitted via US Mail, but bidders choosing this method should
allow at least an additional 24 hours for delivery:
MELISSA FREEMAN
CITY OF TYBEE ISLAND
PO BOX 2749
TYBEE ISLAND, GA. 31328
FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. BIDS NOT
RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED.
1.3 How to Submit an Objection:
Potential bidders must present any written objection to this ITB at least seven (7) days prior
to the bid due date. The objections contemplated may pertain to form and/or substance of
the ITB documents. Objections must be made in writing to the Purchasing agent, Melissa
Freeman mfreeman@cityoftybee.org. Email subject line: Objection to ITB #2021-759.
1.4 Errors in ITB responses:
Bidders are expected to fully inform themselves as to the conditions, requirements, and
specifications of this ITB before submitting a bid. Failure to do so will be at the Bidder's
own risk. In case of error in extension of prices in bid, the unit price will govern.
1.5 Questions concerning ITB:
Questions, inquiries, suggestions, or requests concerning interpretation, clarification or
additional information concerning any portion of this ITB must be made by email, sent to
the below named individual, who will be the official point of contact for this ITB.
Questions must be submitted at least seven days before the bid due date.
Mark subject line on e-mail “Questions on ITB 2021-759 Pavilion Renovation”
POINT OF CONTACT:
Peter Gulbronson
peter.gulbronson@cityoftybee.org
Failure of a Bidder to ask questions, request changes, or submit objections by the dates
indicated above shall constitute the Bidder's acceptance of all of the terms, conditions and
requirements set forth in this ITB.
1.6 Addendums to ITB:
Any changes to the conditions or specifications in this ITB must be in the form of a written
addendum to be valid. If the City of Tybee Island issues an addendum to this ITB, it will
be posted by the Purchasing Agent on the City’s website.
The issuance of a written addendum by the Purchasing Agent is the only official method
by which interpretation, clarification or additional information will be given. The City of
Tybee Island will not be responsible for any oral representation given by any employee,
representative or others.
Bidder must acknowledge each addendum in the bid. It is solely your responsibility as a
bidder to ensure that you have received all addenda and incorporated the changes
into your bid response before submission. Unless otherwise specified in an addendum,
the due date and time remains as listed above.
2 GENERAL INFORMATION
2.1 Specifications:
Any obvious error or omission in specifications will not inure to the benefit of the bidder
but will put the bidder on notice to inquire of or identify the same from the City of Tybee
Island. Whenever herein mention is made of any article, material or workmanship to be in
accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M.
regulations or similar expressions, the requirements of these laws, ordinances, etc., will
be construed to be the minimum requirements of these specifications.
2.2 Standards for Acceptance of Bid for Contract Award:
City of Tybee Island reserves the right to reject any or all bids and to waive any
irregularities or technicalities in bids received whenever such rejection or waiver is in the
best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the
bid of a bidder who has previously failed to perform properly or complete on time
contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a
position to perform the contract.
2.3 Bidder: Whenever the term "bidder" is used it will encompass the "person," "business,"
"supplier," "vendor," or other party submitting a bid (a binding offer) to the City of Tybee
Island in such capacity before a contract has been entered into between such party and the
City of Tybee Island.
2.4 Responsible / Responsive bidder: Responsible bidder means a person or entity that has
the capability in all respects to perform fully and reliably the contract requirements.
Responsive bidder means a person or entity that has submitted a bid that conforms in all
material respects to the requirements set forth in this ITB.
2.5 Multiple Bids: No Vendor will be allowed to submit more than one (1) bid.
2.6 Compliance with Laws: The bidder will obtain and maintain all licenses, permits,
liability insurance, worker's compensation insurance and comply with any and all other
standards or regulations required by federal, state, county or city statute, ordinances and
rules during the performance of any contract between the contractor and City of Tybee
Island. Any such requirement specifically set forth in any contract document between the
contractor and City of Tybee Island will be supplementary to this section and not in
substitution thereof.
2.7 Contractor: Contractor or subcontractor means any person or business having a contract
with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or
services certifies that they will follow equal employment opportunity practices in
connection with the awarded contract as more fully specified in the contract documents.
2.8 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law,
any bidder must be a Georgia licensed General Contractor (Contractor work or activity
that is unlimited in scope regarding any residential or commercial projects).
2.9 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and
Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and
subcontractors entering into a contract or performing work must sign an affidavit that
he/she has used the E-Verify System. E-Verify is a no-cost federal employment
verification system to insure employment eligibility. No bids will be considered unless
a signed E-Verify Affidavit is enclosed with the submittal package.
Affidavits are enclosed in this solicitation. You may download M-274 Handbook for
Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to
http://www.uscis.gov to find the E-Verify information.
Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1
required Georgia cities to comply with the federal Systematic Alien Verification for
Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants
for certain “public benefits” are legally present in the United States. Contracts with the
City are considered “public benefits.” Responders are required to provide the Affidavit
Verifying Status for City of Tybee Benefit Application prior to receiving any City
contract. The affidavit is included as part of this ITB package.
Protection of Resident Workers. City of Tybee Island actively supports the Immigration
and Nationality Act (INA), which includes provisions addressing employment eligibility,
employment verification, and nondiscrimination. Under the INA, employers can hire only
persons who can legally work in the United States (i.e., citizens and nationals of the U.S.)
and aliens authorized to work in the U.S. The employer must verify the identity and
employment eligibility of any hiree, which includes completing the Employment
Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures
and controls so no services or products under the Contract Documents will be performed
or manufactured by any worker who is not legally eligible to perform such services or
employment.
2.10 Permitting and Approvals: The contractor that is awarded the contract will be
responsible for securing all necessary federal, state and local approvals required for the
project. The City of Tybee will pay all permit fees.
2.11 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his bid
will be firm for acceptance for a period of sixty (60) days from bid opening date, unless
otherwise stated in the ITB.
2.12 Quality: All materials or supplies used for, or the workmanship employed in, any
construction necessary to comply with this bid, will be of the best quality, and adhere to
the highest industry standards.
2.13 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Bidder
will unconditionally guarantee the materials and workmanship for one (1) year from
completion of the project or delivery of goods. If, within the guarantee period, any defects
occur which are due to faulty material and or services, the contractor, at his expense, will
repair or adjust the condition, or replace the material, to comply with the contract
requirements and applicable standards thereof. These repairs, replacements or adjustments
will be made only at such time as will be designated by the City of Tybee Island as being
least detrimental to the operation of the City.
2.14 Liability Provisions: Where bidders are required to enter or go onto City of Tybee Island
property to take measurements or gather other information in order to prepare the Bid as
requested by the City, the bidder will be liable for any injury, damage or loss occasioned
by negligence of the bidder, its agent, or any person the bidder has designated to prepare
the bid and will indemnify and hold harmless City of Tybee Island from any liability
arising there from. The contract document specifies the liability provisions required of the
successful bidder in order to be awarded a contract with City of Tybee Island.
2.15 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee
Island in whole or in part by written notice of default to the Contractor upon non-
performance or violation of contract terms. An award may be made to the next lowest
bidder, for articles and/or services specified or they may be purchased on the open market.
The defaulting Contractor (or its surety) will be liable to City of Tybee Island for costs to
the City of Tybee Island in excess of the defaulted contract prices. See the contract
documents for complete requirements.
2.16 Certification of Independent Price Determination: By submission of this bid, the
Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own
organization, that in connection with this procurement:
a. The prices in this bid have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any competitor;
b. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to opening, directly or indirectly to any other bidder
or to any competitor; and
c. No attempt has been made or will be made by the bidder to induce any other person
or firm to submit or not to submit a bid for the purpose of restricting competition.
2.17 Qualification of Business (Responsible Bidder): The Scope of Work, specifications and
plans define a responsible Bidder as one who meets, or by the date of the bid acceptance
can meet, certifications, all requirements for licensing, insurance, and registrations, or
other documentation required. The City has the right to require any or all bidders to submit
documentation of the ability to perform, provide, or carry out the service or provide the
product requested. The City has the right to disqualify the bid of any bidder as being
unresponsive or un-responsible whenever such Bidder cannot document the ability to
deliver the requested product or service.
2.18 Insurance Provisions, General: The selected proposer to whom the contract is awarded
will be required to procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property that may arise from, or in connection
with, the performance of the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors. The cost of such insurance must be included in the proposal.
a. General Information that must appear on a Certificate of Insurance:
i. Name of the Producer (proposer’s insurance Broker/Agent).
ii. Companies affording coverage (there may be several).
iii. Name and Address of the Insured (this is the Company or Parent of the firm the
City is contracting with).
iv. A Summary of all current insurance for the insured (includes effective dates of
coverage).
v. A brief description of the operations to be performed, the specific job to be
performed, and contract number.
vi. Certificate Holder (Must include the City of Tybee Island as a certificate
holder and an additional insured).
THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE
ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL
INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY
COVERAGES.
b. Minimum Limits of Insurance to be maintained for the duration of the contract:
i. Commercial General Liability: Provides protection against bodily injury and
property damage claims arising from operations of a Contractor. This policy
coverage includes premises and operations, use of independent contractors,
products/completed operations, personal injury, contractual, broad form
property damage, and underground, explosion and collapse hazards. Minimum
limits: $2,000,000 bodily injury and property damage per occurrence and annual
aggregate.
ii. Worker's Compensation and Employer’s Liability: Provides statutory
protection against bodily injury, sickness or disease sustained by employees of
the Contractor while performing within the scope of their duties. Employer’s
Liability coverage is usually included in Worker’s Compensation policies, and
insures common law claims of injured employees made in lieu of or in addition
to a Worker’s Compensation claim. Minimum limits: $500,000 for each
accident, disease policy limit, and disease each employee and Statutory
Worker’s Compensation limit.
iii. Business Automobile Liability: Coverage insures against liability claims
arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000
combined single limit per accident for bodily injury and property damage.
Coverage must be written on an Any Auto basis.
THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN MAY
BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR
EXCESS COVERAGES.
c. Special Requirements:
i. Extended Reporting Periods: The Contractor must provide the City of Tybee
Island with a notice of the election to initiate any Supplemental Extended
Reporting Period and the reason(s) for invoking this option.
ii. Reporting Provisions: Any failure to comply with reporting provisions of the
policies will not affect coverage provided in relation to this request.
iii. Cancellation: Each insurance policy that applies to this request must be
endorsed to state that it will not be suspended, voided, or canceled, except after
thirty (30) days prior to written notice by certified mail, return receipt requested,
has been given to the City of Tybee Island.
iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of
insurance and with original endorsements affecting coverage required by this
request. The certificates and endorsements are to be signed by a person
authorized by the insurer to bind coverage on its behalf. All certificates of
insurance are to be submitted prior to, and approved by, the City of Tybee Island
before services are rendered. The Contractor must ensure Certificate of
Insurance is updated for the entire term of the City of Tybee Island contract.
v. Insurer Acceptability: Insurance is to be placed with an insurer licensed to do
business in the State of Georgia, and having an A.M. Best’s rating of A and a
five (5) year average financial rating of not less than V. If an insurer does not
qualify for averaging on a five-year basis, the current total Best’s rating will be
used to evaluate insurer acceptability.
vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract
termination by the City of Tybee Island Mayor and Council.
vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured
retention must be declared to, and approved by, the City of Tybee Island. At the
option of the City of Tybee Island, either: the insurer will reduce or eliminate
such deductibles or self-insured retention as related to the City of Tybee Island,
its officials, officers, employees, and volunteers; or the Contractor will procure
a bond guaranteeing payment of related suits, losses, claims, and related
investigation, claim administration and defense expenses.
2.19 Compliance with Specification - Terms and Conditions: The ITB, Legal
Advertisement, General Conditions and Instructions to Bidders, Specifications, Special
Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part
of the Bid and by reference are made a part hereof.
2.20 Signed Bid Considered Offer: The signed Bid will be considered a binding offer on the
part of the Bidder, which offer will be deemed accepted upon approval by the City of
Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In
case of a default on the part of the Bidder after such acceptance, the City of Tybee Island
may take such action as it deems appropriate, including legal action, for damages or lack
of required performance.
2.21 Notice to Proceed: The successful bidder must not commence work under this ITB until
a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent
or his designee, or as specified in the Special Conditions. If the successful Bidder does
commence any work or deliver items prior to receiving official notification, it does so at
its own risk.
2.22 Protest Policy: Any bidder who is aggrieved in connection with the award of a contract
may file a protest with the Purchasing Agent. The protest must be submitted in writing no
later than 48 hours after the bid opening. Protests must be made in writing to the
Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line
Protest: ITB #2021-759, and must include the following information:
a. Name, address, email address, and telephone numbers of the protester;
b. ITB number;
c. Detailed statement of the legal and factual grounds for the protest, including a
description of resulting harm to the protester;
d. Copies of supporting documents, if any;
e. Statement of relief requested;
f. All information establishing that the protester is an interested party for the purpose
of filing a protest on an award decision;
g. All information establishing the timeliness of the protest.
2.23 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products
delivered to the City are specified in the contract document.
a. Questions regarding payment may be directed to the Accounting Department at
912-472-5024 or City of Tybee Island’s Project Manager as specified in the
contract documents.
b. Contractors will be paid the agreed upon compensation upon satisfactory delivery
of the products or completion of the work as more fully described in the contract
document.
c. Upon completion of the work or delivery of the products, the Contractor will
provide the City of Tybee Island with an affidavit certifying all suppliers, persons
or businesses employed by the Contractor for the work performed for the City of
Tybee Island have been paid in full.
d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or
person under contract with City of Tybee Island is required by Georgia law to pay
State sales or use taxes for products purchased in Georgia or transported into
Georgia and sold to City of Tybee Island by contract. Please consult the State of
Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-
4065 for additional information.
2.24 City’s Rights Concerning Award: The City reserves the right, and sole and complete
discretion to waive technicalities and informalities. The City further reserves the right, and
sole and complete discretion to reject all bids and any bid that is not responsive or that is
over the budget, as amended, or that fails to suit the needs of the City as determined by
the City in its sole discretion. In judging whether the Bidder is responsible, the City will
consider, but is not limited to consideration of, the following:
a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or
otherwise excluded from contracting by any state or federal agency, department,
or authority;
b. Whether the Bidder or principals have been terminated for cause or are currently
in default on a public works contract;
c. Whether the Bidder can demonstrate a commitment to safety with regard to
Workers' Compensation by having an experience Modification Rate (EMR) over
the past three years not having exceeded an average of 1.2; and
d. Whether the Bidder’s past work provides evidence of an ability to successfully
complete public works projects within the established time, quality, or cost, or to
comply with the Bidder’s contract obligations.
2.25 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will
ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership,
joint venture, or any other entity regardless of the form of business organization, that is on
the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of
Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This
includes pending litigation or claims with the City or other government entities. Contractor
will immediately notify City of Tybee Island in the event any subcontractor is added to a
Federal, State or other Government Entity listing after award of the subcontract.
2.26 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City
employees, and elected officials regarding this product or service solicitation, Request for
Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed
by any legal entity affiliated with an organization that is responding to the solicitation is
strictly prohibited. Negative campaigning through the mass media about the current
service delivery is strictly prohibited. Such actions will cause render your proposal invalid.
In order to conduct this procurement transaction in manner that provides full and open
competition and meet the Federal Uniform Guidance Requirements to ensures objective
contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statement of work, or invitation for bids or
request for proposal must be excluded from competing for this contract.
2.27 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s
official files without any obligation on the City of Tybee Island’s part. Ownership of all
data, materials and documentation prepared for and submitted to City of Tybee Island in
response to a solicitation, regardless of type, will belong exclusively to City of Tybee
Island and will be considered a record prepared and maintained or received in the course
of operations of a public office or agency and subject to public inspection in accordance
with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-
70, et. Seq., unless otherwise provided by law.
It is the responsibility of the Bidder to notify the City of any documents turned over which
contain trade secrets or other confidential matters. A Bidder submitting records which the
entity or person believes contains trade secrets and that it wishes to keep such records
confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an
affidavit affirmatively declaring that specific information in the records constitute trade
secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. See
also, section 2.27.
City of Tybee Island will not be held accountable if material from bids is obtained without
the written consent of the bidder by parties other than the City of Tybee Island, at any time
during the solicitation and evaluation process.
2.28 Georgia Trade Secret Act of 1990: In the event a Bidder submits trade secret information
to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The
City of Tybee Island will maintain the confidentiality of such trade secrets to the extent
provided by law.
2.29 Contractor Records: The Georgia Open Records Act is applicable to the records of all
contractors and subcontractors under contract with the City of Tybee Island. This applies
to those specific contracts currently in effect and those that have been completed or closed
for up three (3) years following completion.
2.30 Method of Compensation: The compensation provided for herein will include all claims
by the contractor for all costs incurred by the contractor in the conduct of the Project as
authorized by the approved Project Compensation Schedule and this amount will be paid
to the contractor after receipt of the invoice and approval of the amount by the City of
Tybee Island. The City will make payments to the contractor within thirty (30) days from
the date of receipt of the contractor's acceptable statement on forms prepared by the
contractor and approved by the City of Tybee Island.
Should the Project begin within any one month, the first invoice will cover the partial
period from the beginning date of the Project through the last day of the month (or on a
mutually agreeable time) in which it began. The invoices will be submitted each month
until the Project is completed. Invoices will be itemized to reflect actual expenses for each
individual task; also refer to the requirements concerning changes, delays and termination
of work pursuant to provisions of the contract. Each invoice will be accompanied by a
summary progress report, which outlines the work accomplished during the billing period
and any problems that may be inhibiting the Project execution. The terms of this contract
are intended to supersede all provisions of the Georgia Prompt Pay Act.
As long as the gross value of completed work is less than 50% of the total contract amount,
or if the contractor is not maintaining his construction schedule to the satisfaction of the
engineer, the City of Tybee Island will retain 10% of the gross value of the completed
work as indicated by the current estimate approved by the engineer acting on behalf of the
City of Tybee Island.
After the gross value of completed work becomes to or exceed 50% of the total contract
amount within a time period satisfactory to the City of Tybee Island, then the total amount
to be retained will be reduced to 5% of the gross value of the completed work as indicated
by the current estimate approved by the engineer, until all pay items are substantially
completed.
When all work is completed and time charges have ceased, pending final acceptance and
final payment the amount retained will be further reduced at the discretion of the City of
Tybee Island.
The Contractor may submit a final invoice to the City of Tybee Island for the remaining
retainage upon City’s acceptance of the Certificate of Substantial Completion. Final
payment constituting the entire unpaid balance due will be paid by the City to the
Contractor when work has been fully completed and the contract fully performed, except
for the responsibilities of the Contractor which survive final payment. The making of final
payment will constitute a waiver of all claims by the City except those arising from
unsettled liens, faulty or defective work appearing after substantial completion, failure of
the work to comply with the requirements of the Contract Documents, or terms of any
warranties required by the Contractor Documents or those items 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.
2.31 Terms of Contract:
a. ONE TIME CONTRACT
2.32 Audits and Inspections: The contractor and his subcontractors will make available to the
City of Tybee Island for examination of all its records with respect to all matters covered
by this Contract. It will also permit the City of Tybee Island and/or representatives of the
Finance Department to audit, inspect, examine and make copies, excerpts or transcripts
from such records of personnel, conditions of employment and other data relating to all
matters covered by this Contract. All documents to be audited will be available for
inspection between 8am and 5pm in the main offices of the City of Tybee Island or during
normal business hours at the offices of the Contractor, as requested by the City of Tybee
Island.
2.33 Liquidated Damages: The project is to be completed within 120 days of the project award
date. 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 Five
Hundred Dollars ($500) 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 Five Hundred Dollars ($500) 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.
2.34 Bid Surety: Each proposal must be accompanied by a Proposal/Bid 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 five percent (5%) of the total
contract amount to ensure the bidder will enter into the contract as per bid. Bidder will
forfeit this amount should it be offered a contract by the City and refuse or fail to promptly
enter into such contract.
3. PAYMENT AND PERFORMANCE BONDS:
a. Prior to the Agreement being signed, the Contractor shall furnish to the City of
Tybee Island a Performance Bond issued by a surety company licensed to do
business under the laws of the State of Georgia and satisfactory to the City of Tybee
Island in the amount of one-hundred-percent (100%) of the total contract amount
to ensure the Contractor’s satisfactory performance.
b. Also prior to the Agreement being signed, the Contractor shall furnish to the City
of Tybee Island a Payment Bond issued by a surety 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.
ATTACHMENT A
CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET
The Bidder certifies that he/she has examined all documents contained in this ITB package, and is
familiar with all aspects of the ITB and understands fully all that is required of the successful
Bidder. The Bidder further certifies that his/her Bid will not be withdrawn for sixty (60) days from
the date on which his bid is submitted to the City.
The Bidder agrees, if awarded this Contract, he/she will:
A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items
indicated thereon as specified in this ITB for the bid amount; or,
B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to
provide the service and/or accomplish the work as stated and/or specified in this ITB for the bid
amount, and;
COMPANY DATE
SIGNATURE TITLE
TELEPHONE NUMBER
MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council
established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE
certification and development. In order to accurately document participation, businesses submitting bids, quotes or
proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at
least 51% owned and managed by minority or women.
A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their
certification with their bid as proof of qualifications. Bidder that intends to engage in joint ventures or utilize sub-
consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O.
Box 2749, and City of Tybee Island, GA 31328.
African-American\Black_____ Asian American_____ Hispanic_____ Native American_____
Alaskan Indian_____ Female_____
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:
ATTACHMENT C
(Due only if contract is awarded)
Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)
(Subcontractor Affidavits will be due at time of contract award)
By executing this affidavit, the undersigned subcontractor verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is
engaged in the physical performance of services under a contract with __________________
(name of contractor) on behalf of __________________________________(name of public
employer) has registered with, is authorized to use and uses the federal work authorization
program commonly known as E-Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned subcontractor will continue to use the federal work authorization
program throughout the contract period and the undersigned subcontractor will contract for the
physical performance of services in satisfaction of such contract only with sub-subcontractors
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 copy 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 Employer
I hereby declare under penalty of perjury 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
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF ,20 .
NOTARY PUBLIC
My Commission Expires:
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:
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
ATTACHMENT F
CERTIFICATION REGARDING DEBARMENT
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION:
By signing and submitting this bid, the prospective lower tier participant is providing the
signed certification set out below.
1. The certification referred to in this paragraph is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
City of Tybee Island may pursue available remedies, including suspension and/or
debarment.
2. The prospective lower tier participant shall provide immediate written notice to the City
if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier
covered participant,” “persons,” “lower tier covered transaction,” “principal,” “bid,”
and “voluntarily excluded,” as used in this paragraph, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549, 49
CFR part 29.
4. The prospective lower tier participant agrees by submitting this bid that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized in writing by the City.
5. The prospective lower tier participant further agrees by submitting this bid that it will
include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion — Lower Tier Covered Transaction,” without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. A participant in a covered transaction may rely upon certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principles. Each participant may, but is not required to, check the
Nonprocurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this paragraph. The
knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
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: __________________
ATTACHMENT G
DRUG FREE WORKPLACE CERTIFICATION
The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the
Official Code to Georgia Annotated, related to the Drug Free Workplace have been complied with
in full.
1.A drug-free workplace will be provided for the employees during the performance of the
contract; and;
2.Each sub-contractor under the direction of the Contractor shall secure the following written
certification: ________________________________________________________
_____________________________________________(Contractor) certifies to City of
Tybee Island that a drug-free workplace will be provided for the employees during the
performance of any contract with the City.
Pursuant to paragraph (7), of subsection (B) of Code Section 50-24-3. Also, the
undersigned further certifies that he/she will not engage in the unlawful manufacture, sale,
distribution, dispensation, possession or use of a controlled substance or marijuana during
the performance of the contract.
_______
SIGNATURE TITLE
_______
COMPANY DATE
Subscribed and sworn to before me on this _____ day of _______,
20__ by _____________________ representing him/herself to be
____________________ of the company named herein.
__________________________
Notary Public
ATTACHMENT H
BID SHEET
ITB 2021-759
PAVILION RENOVATION
Please attach all specifications regarding materials, installation, and warranties to this sheet with
your total bid cost below.
TOTAL BID including contractor fees: ______________
__________________________(Firm)
__________________________ (Signature)
__________________________ (Title)
__________________________ (Date)
ATTACHMENT I
CHECKLIST FOR SUBMITTING BID
Sign below and submit this sheet with your bid
NOTE: All of the following items must be submitted with your bid to be considered
“responsive”. Remember to follow the Instructions in the ITB Documents.
ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS _____
W-9 _____
OCCUPATIONAL TAX CERTIFICATE _____
BID BOND _____
COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID:
A. SIGNATURE SHEET _____
B. CONTRACTOR AFFIDAVIT _____
D. SAVE AFFIDAVIT _____
E. VENDOR INFORMATION _____
F. DEBARMENT CERTIFICATION _____
G. DRUG FREE CERTIFICATION _____
H. BID SHEET _____
I. CHECKLIST _____
__________________________________________
NAME/TILE
__________________________________________
COMPANY NAME
__________________________________________
ADDRESS
__________________________________________
CITY/STATE/ZIP
__________________________________________
PHONE NUMBER
__________________________________________
EMAIL
__________________________________________
SIGNATURE
__________________________________________
DATE