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HomeMy Public PortalAbout20211014RedactedPacket.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL October 14, 2021 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation: Susan Hill Pledge of Allegiance Announcements Consideration of the approval of the minutes of the meetings of the Tybee island City Council 1. Amended Minutes, City Council Meeting, September 23, 2021 2. Special Meeting Minutes, October 5, 2021 Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 3. Pat Leiby: Historical Savannah Beach Black Community Research with GSU If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Consideration of Approval of Consent Agenda Public Hearings 4. Minor Subdivision: Requesting to subdivide 3 Lots – 1517 Miller Ave. – 40008 11008 – R-2 -1514 A & B Fifth Ave. – 40008 11022 & 023 – R-2 – Osborn & Warakomski. 5. Site Plan: 803 First St. -40019 01001 – C-2 – Jeremy Altman. 6. VARIANCE: Requesting to build in setback – 1014 Second Ave. – 40006 13005 – R-2 - Mary Nadeau. Consideration of Bids, Contracts, Agreements and Expenditures 7. SSI Master Agreement (TIPD). Software to replace current systems. 8. Crowder Gul : Contract renewal for Disaster Debris - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 9. Installation of Electric Vehicle Charging Stations in North Beach Parking Lot, SPLOST Funding 10. Award of RFP 2021-761: Clarifier Rebuild 11. Water Tower Maintenance Project, $136,500 Consideration of Ordinances, Resolutions 12. First Reading: 2021-28, Sec 7-060 - Removal of Significant Trees 13. 2021-08, Resolution to modify Resolution, 2021-06, imposing moratorium on new STVR applications so as to remove properties in C-1, C-2 and RT from the terms of the moratorium. 14. 2021-09, Bond Resolution: Provide for the Issuance of the City of Tybee Island Water and Sewer Revenue Bond, Series 2021 Council, Officials and City Attorney Considerations and Comments 15. Shawn Gillen: Commercial Film Production Application Revisions Minutes of Boards and Committees 16. PC MINUTES -SEPTEMBER 20, 2021 Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/o r 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. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” - Page 2 - File Attachments for Item: 1. Minutes, City Council Meeting, September 23, 2021 - Page 3 -Item #1. City Council Minutes, September 23, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Tracy O’Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes, September 9, 2021  Purchase new Garbage Truck and Budget Amendment  Award of Construction of a new roof at the Tybee Arts Association Building. Mike Kenny Roofing Company, $28,900  Out of State Travel: Shawn Gillen, ASBPA National Coastal Conference, September 28 - October 1, 2021, New Orleans, LA Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Ken Williams  Pledge of Allegiance Consideration of Boards, Commissions and Committee Appointments  June Johnson, Ethics Commission Application  Harry Trout, Ethics Commission Application  Ken Williams, Ethics Commission Application Jan LeViner read the results of the vote by Mayor and Council (attached). Harry Trout received the majority of votes. Monty Parks made a motion to approve Harry Trout to the Ethics Commission. Spec Hosti seconded. Voting in favor were Nancy DeVetter, Monty Parks, John Branigin, Jay Burke and Spec Hosti. Voting against was Barry Brown. Motion to approve 5-1. Tybee Island Ethics Commission Charlie Barrow: Jay Burke Complaint/Council Action. Mr. Barrow approached Mayor and Council and stated the Ethics Commission did find there was a violation of the Ethics Code. The Code requires the violation go before Mayor and Council for action, if any. Mr. Hosti stated he is not in agreement with the findings of the Ethics Commission as he does not feel it was the intention of Mr. Burke to have financial gain. Mayor Session explained there are several options: (1) Mayor and Council adjourn to Executive Session for discussion and/or (2) discuss in public. Mayor pro tem Brown stated Mr. Burke did not profit as a result of his comments. John Branigin made a motion to adjourn to Executive Session. Barry Brown seconded. Voting in favor were John Branigin and Barry Brown. Those voting against were Nancy DeVetter, Monty Parks and Spec Hosti. Motion failed, 2-3. Monty Parks stated he is in favor of a public apology from Mr. Burke as to the findings of the Ethics Commission and also to Ms. Will. Ms. DeVetter expressed her support in the Ethics Commission as she feels there was a clear ethics violation. She stated she also feels it was not intentional. Nancy DeVetter made a motion to have Jay Burke publicly apologize in response to the findings of the Ethics Commission. Monty Parks seconded. Discussion: John Branigin stated from the standpoint that he believes Mr. Burke did not intend anything by his statement and unfortunate that he said what he did but did create the - Page 4 -Item #1. perception. Mr. Branigin feels a simple apology is appropriate. Voting in favor were Nancy DeVetter, Monty Parks, John Branigin, and Barry Brown. Voting against was Spec Hosti. Jay Burke did not participate in the vote. Motion to have Mr. Burke apologize approved 4-1. Jay Burke approached Mayor and Council. Mr. Burke apologized as he misspoke and is truly sorry that he misspoke. His concern was that the movie company needed to notify all the Tybee residents of the movie and family business. He continued, he did recuse himself from the vote and did not vote. Charles Barrow thanked Mayor and Council. Invited Guests Cheryl Branch, Executive Director, Safe Shelter for Domestic Violence Services approached Mayor and Council. Ms. Branch gave a brief presentation regarding domestic violence instances in Chatham County. She stated they provided 57,407 meals and the Outreach Program assisted with 318 Protective Orders. Ms. Branch explained the two year after care program where they provide transitional apartments. They are visiting all municipalities to engage with law enforcement as they are first responders. She then announced the upcoming fund raiser, The Gala, which is scheduled in November 2021. Mayor Sessions thanked Ms. Branch for her presentation. Citizens to be Heard: David Baker approached Mayor and Council to speak to Noise Ordinance and Documented Lack of Cooperation and Transparency by select City Staff. Mr. Baker stated due to a documented lack of cooperation and transparency by select Staff over four (4) weeks regarding three (3) original questions he asked to be clarified and were not. This is unacceptable. This most recent time is certainly not the first documented time. He believes there is a wall of resistance that he has experienced and I hope no other full time resident faces in the future what could be reasonably perceive as a clearly unprofessional stonewalling and/or lack of transparency to repeatedly avoid providing specific accurate answers as respectively requested and not. He asked his handout be included in the record. Mayor Sessions thanked Mr. Baker. Summey Orr approached Mayor and Council to address his Tree Appeal. Mr. Orr stated he is before Mayor and Council to ask their permission to take down a magnolia tree that is on his property. Documents are included in the packet this evening. Mr. Orr gave a brief update on the situation where the magnolia tree hovers over his neighbor’s driveway and drops leaves and creates a mess. He agreed to take the tree down, applied for a permit and the permit was denied as the magnolia is a protected tree. He is willing to replace the tree with what Mayor and Council recommend. Ryan Witterson and Steve Yetman approached Mayor and Council to speak to the Movie, Girl from Plainfield. Mr. Witterson stated it is their desire to film on October 6 – 7, 2021. They are in the process of notifying businesses on Tybrisa, Strand, and in the direct area of the proposed filming. With filming the parking lot and Tybrisa would be closed and turn the one way into a two way on 18th Street. Mr. Yetman approached Mayor and Council. He stated this is his fourth movie to film successfully on the Island. Spec Hosti made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous to approve, 6-0. - Page 5 -Item #1. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Commercial Film Production Application: Girl from Plainville, October 4 - 8, 2021. Dr. Gillen stated the application has been reviewed with Staff and is outside the scope of administrative approval. His concern is the closure of the parking lot and Strand Avenue all the way to 18th Street. Mayor Sessions asked Dr. Gillen if all the businesses have been contacted that are in that area? Dr. Gillen stated the movie company has either spoken with them or are in the process of reaching out. Mayor Sessions then asked Dr. Gillen is there is an additional fee for the use of the beach. Dr. Gillen responded no he has not received confirmation. Mr. Branigin expressed his concerns with “reaching out” and having an agreement to compensate those businesses for lost revenue is another topic. Mayor pro tem Brown agreed with Mr. Branigin and does not feel comfortable approving the permit at this point. Mr. Yetman approached Mayor and Council to respond to their concerns. He stated due to the DNR process as well as Chatham County he was not able to bring this request to Mayor and Council in a timely manner. Mr. Yetman asked for another week to gather the information from the business owners and residents in the area. Ms. DeVetter asked Mr. Yetman how many businesses they have contacted. Mr. Yetman stated they have identified the twenty three businesses and are in negotiations. After a short discussion regarding notification of businesses and residents, Barry Brown made a motion to table the approval process. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Discussion: Mayor Sessions requested there be a change to the ordinance to ensure there is a fee for use of the beach during filming. This money would be earmarked for beach re- nourishment. Dr. Gillen confirmed. Mayor pro tem Brown stated when they have received all the agreements from the affected businesses and residents, there can be a Special City Council meeting to consider approval of the permit. Consideration of Ordinances, Resolution Second Reading 2021-27, Section 11-100, Article 11, Change to Planning Commission time and place. George Shaw approached Mayor and Council. He stated the proposed ordinance will change the time and location of the Planning Commission meetings to mirror City Council meetings. Monty Parks made a motion to approve. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Council, Officials and City Attorney Considerations and Comments Barry Brown recommended Dr. Gillen instruct Code Enforcement Officers to stop giving Warnings for Noise Ordinance Violations and issue citations. In this way the three strike rule can be in effect. Mr. Branigin recommended Code Enforcement Officers be able to use their discretion in issuing warnings and citations. Mayor pro tem Brown agreed with Code Enforcement Officers giving warnings by using their discretion. Mr. Hosti recommended after three warnings are received, the property owner would receive a citation and in that way there would be accountability. Dr. Gillen explained the process of issuing a warning/citation in as much as the guest is given a warning, this is logged and complied at the end of the shift and reported to Mayor and Council the next day. Ms. DeVetter asked Dr. Gillen if the three (3) Strike Disorderly House Rule, does that require a citation and conviction or is a warning sufficient to be a strike. Dr. Gillen responded, unless it is an Administrative Citation, then it is an immediate strike. Barry Brown asked Mr. Gulbronson if there have been updates on Jaycee Park, Soccer Field. Mr. Hosti stated he met with individuals that build soccer fields and they took a soil sample to do a compaction test to ensure the Park would be suitable for a soccer field. Mr. Gulbronson approached Mayor and Council. He stated he has not seen an estimate for the sports turf as of yet. Mayor pro tem Brown stated there are several options for the field and sports turf is just - Page 6 -Item #1. one of them. Mr. Hosti stated the field could be rented out which would pay for the sports turf and maintenance of the field. Mr. Parks concurred. George Shaw: Tree Permit Appeal. Mr. Shaw approached Mayor and Council and stated the petitioner applied for a tree removal application and after an inspection by the Arborist, the tree was found healthy and on the significant tree list as in the Ordinance. As removal of the tree does not come under the guidelines of the Ordinance, the permit was not issued. Mayor pro tem Brown asked Mr. Shaw what kind of replacement tree would have to be planted in the magnolias place. Mr. Shaw responded “one or more trees of like species of equal or greater size”. Spec Hosti made a motion to approve the appeal. Monty Parks seconded. Discussion: Mr. Parks recommended replacing the tree with a pine tree. Ms. DeVetter recommended a revised ordinance be sent to the Planning Commission for their recommendations regarding like trees and mitigation. Mr. Shaw asked for clarification for Staff and asked the motion include the petitioner can replace the magnolia with a tree from the significant tree list. Mr. Hosti confirmed. Mr. Hosti restated his motion: Approve the appeal and with the understanding the replacement tree will be taken from the list of significant tree list. Monty Parks accepted his motion. Voting in favor were Nancy DeVetter, Monty Parks, Barry Brown, Jay Burke and Spec Hosti. Voting against was John Branigin. Vote to approve, 5-1. Monty Parks made a motion to adjourn to Executive Session to discuss Real Estate and Litigation. Spec Hosti seconded. Vote was unanimous to approve., 6-0 Monty Parks made a motion to return to regular session. John Branigin seconded. Vote was unanimous to approve, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 9:10PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 7 -Item #1. - Page 8 -Item #1. - Page 9 -Item #1. - Page 10 -Item #1. - Page 11 -Item #1. - Page 12 -Item #1. - Page 13 -Item #1. - Page 14 -Item #1. - Page 15 -Item #1. - Page 16 -Item #1. - Page 17 -Item #1. - Page 18 -Item #1. - Page 19 -Item #1. - Page 20 -Item #1. - Page 21 -Item #1. File Attachments for Item: 2. Special Meeting Minutes, October 5, 2021 - Page 22 -Item #2. Special Meeting, City Council Minutes, October 5, 2021 Mayor Sessions called the Special City Council meeting to order at 5:30PM. Those present were Jay Burke, Monty Parks, John Branigin, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager and Janet LeViner, Clerk of Council. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Commercial Film Production Application: Girl From Plainville, October 4 - 8, 2021. Mayor Sessions explained this request was original heard on September 23, 2021 and deferred for a lack of information regarding businesses and residents being notified of the filming dates. Dr. Gillen stated the production company has received signed agreements from businesses and residents affected by the closure of streets due to the filming. The dates for production are now October 12 – 13, 2021. John Branigin made a motion to approve the Commercial Film Production Application. Monty Parks seconded. Vote was unanimous to approve, 4-0. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 4-0. Meeting adjourned at 5:45 PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 23 -Item #2. File Attachments for Item: 4. Minor Subdivision: Requesting to subdivide 3 Lots – 1517 Miller Ave. – 40008 11008 – R-2 - 1514 A & B Fifth Ave. – 40008 11022 & 023 – R-2 – Osborn & Warakomski. - Page 24 -Item #4. - Page 25 -Item #4. - Page 26 -Item #4. - Page 27 -Item #4. - Page 28 -Item #4. - Page 29 -Item #4. - Page 30 -Item #4. - Page 31 -Item #4. - Page 32 -Item #4. - Page 33 -Item #4. - Page 34 -Item #4. - Page 35 -Item #4. - Page 36 -Item #4. - Page 37 -Item #4. - Page 38 -Item #4. File Attachments for Item: 5. Site Plan: 803 First St. -40019 01001 – C-2 – Jeremy Altman. - Page 39 -Item #5. - Page 40 -Item #5. - Page 41 -Item #5. - Page 42 -Item #5. - Page 43 -Item #5. - Page 44 -Item #5. - Page 45 -Item #5. - Page 46 -Item #5. - Page 47 -Item #5. - Page 48 -Item #5. - Page 49 -Item #5. - Page 50 -Item #5. - Page 51 -Item #5. - Page 52 -Item #5. - Page 53 -Item #5. - Page 54 -Item #5. - Page 55 -Item #5. - Page 56 -Item #5. - Page 57 -Item #5. - Page 58 -Item #5. - Page 59 -Item #5. - Page 60 -Item #5. - Page 61 -Item #5. - Page 62 -Item #5. - Page 63 -Item #5. - Page 64 -Item #5. - Page 65 -Item #5. - Page 66 -Item #5. - Page 67 -Item #5. DAVIS ENGINEERING PO Box 1663 Tybee Island, Georgia 31328 September 13, 2021 George Shaw, Director of Community Development City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539 RE: 803 1st St. Dear Mr. Shaw: My review is limited to land development activities. I have not attempted to duplicate the work of the Planning Commission or City staff with regard to setbacks, density, zoning, tree protection or subdivision regulation issues. Within the scope of my design review, to the best of my knowledge and belief, it is my opinion the proposed work complies with the drainage requirements of the Land Development Code of the City of Tybee Island. Any recommendations do not relieve the project of the requirement to obtain any other required permits, approvals, etc… by the GA D.O.T. (currently under review) or other governmental body or authority having jurisdiction over any portion of this project. Please contact me if you have any questions on this matter Sincerely, Downer K. Davis, Jr., P.E. 2220210B__ - Page 68 -Item #5. - Page 69 -Item #5. - Page 70 -Item #5. - Page 71 -Item #5. - Page 72 -Item #5. - Page 73 -Item #5. - Page 74 -Item #5. - Page 75 -Item #5. - Page 76 -Item #5. - Page 77 -Item #5. - Page 78 -Item #5. - Page 79 -Item #5. File Attachments for Item: 6. VARIANCE: Requesting to build in setback – 1014 Second Ave. – 40006 13005 – R-2 - Mary Nadeau. - Page 80 -Item #6. - Page 81 -Item #6. - Page 82 -Item #6. - Page 83 -Item #6. - Page 84 -Item #6. - Page 85 -Item #6. - Page 86 -Item #6. - Page 87 -Item #6. - Page 88 -Item #6. - Page 89 -Item #6. - Page 90 -Item #6. - Page 91 -Item #6. - Page 92 -Item #6. - Page 93 -Item #6. - Page 94 -Item #6. - Page 95 -Item #6. - Page 96 -Item #6. - Page 97 -Item #6. - Page 98 -Item #6. File Attachments for Item: 7. SSI Master Agreement (TIPD). Software to replace current systems. - Page 99 -Item #7. - Page 100 -Item #7. - Page 101 -Item #7. - Page 102 -Item #7. - Page 103 -Item #7. - Page 104 -Item #7. - Page 105 -Item #7. - Page 106 -Item #7. - Page 107 -Item #7. - Page 108 -Item #7. File Attachments for Item: 8. Crowder Gulf : Contract renewal for Disaster Debris - Page 109 -Item #8. - Page 110 -Item #8. - Page 111 -Item #8. - Page 112 -Item #8. - Page 113 -Item #8. - Page 114 -Item #8. - Page 115 -Item #8. - Page 116 -Item #8. - Page 117 -Item #8. - Page 118 -Item #8. - Page 119 -Item #8. - Page 120 -Item #8. - Page 121 -Item #8. - Page 122 -Item #8. - Page 123 -Item #8. jGlJLF FEE SCHEDULE City of Tybee ls.land, GA RFP No. 2019-747 Standby Contract for Disaster Debris Recovery SeNices - Page 124 -Item #8. TASK 2 2 2 8 1 1 ATTACHMENT M PROPOSAL FORM -DISASTER ITEM DESCRIPTION Eligible ROW Disaster Damaged Vegetative Debris Removal Work consists of collection and transportation of Eligible vegetative debris on the Public or Private Property ROW to a City approved Temporary Staging Site (TSS} or City designated Final Disposal Site (FDS}. Minor Disaster (Tornado\Category 1 -2 Hurricane) Major Disaster (Category 3-4 Hurricane) TSS Management and reduction of Vegetative Disaster Debris Through Open or Enhanced (Force Air) Burning Work consists of management and operation of TSS locations for the reduction of Eligible disaster related debris though air curtain incineration. Haul out of Ash from OMS to Final Disposa l = $S .25 / Minor Disaster (Tornado\Category 1-2 Hurricane) Major Disaster (Category 3-4 Hurricane) Haul-out of Vegetative Disaster Damaged Debris Through Grinding to a City Designated Final Disposal Site. Work consists of loading and transporting reduced Eligible disaster related debris at a City approved TSS locations to a City designated Final Disposition Site. Tipping fees shall be a pass through to the City. This r ate includes miles 0-30. Fo r mi les over 30, please add ~n 14 /a/ Mil" Minor Disaster (Tornado\Category 1-2 Hurricane) Major Disaster (Category 3-4 Hurricane) TSS Management and Reduction of Vegetative Disaster Debris through grinding. Work consists of management and operation of TSS locations for the reduction of Eligible disaster related debris though grinding. Minor Disaster (Tornado\Category 1 -2 Hurricane) Major Disaster (Category 3-4 Hurricane) Eligible ROW Disaster Debris Construction & Demolition Debris Removal. Work consists of collection and transportation of eligible C&D debris on the City ROW to a City designated Final Disposal Site. Minor Disaster (Tornado\Category 1 -2 Hurricane) Major Disaster (Category 3-4 Hurricane) TSS Management and reduction of Construction & Demolition D' D b . Th h G . d. or &&mtltction · f 1saster e ns roug rin ing. o consists o management and operation of TSS locations for the reduction of Eligible disaster related debris though grinding Minor Disaster (Tornado\Category 1-2 Hurricane) Major Disaster (Category 3-4 Hurricane) ESTIMATED QUANTITIES Estimated Quantity Per Cubic Yard 200,000 1,000,000 Estimated Quantity Per Cubic Yard Cf 200,000 1,000,000 Estimated Quantity Per Cubic Yard 200,000 1,000,000 Estimated Quantity Per Cubic Yard 200,000 1,000,000 Estimated Quantity Per Cubic Yard 50,000 300,000 Estimated Quantity Per Cubic Yard 50,000 300,000 NOT E: For al l line items, Tippi ng / Disposal Costs will be a pass through Cost to cl ie nt at no mar k up. UNIT PRICE TOTALS $ Per Cubic Total Yard $8.00 $1,600,000.00 1S7 .40 $7,400,000.00 $ Per Cubic Total Yard $2.60 $520,000.00 $2 .60 $2,600,000.00 $ Per Cubic Total Yard $2.95 $590,000.00 $2.95 $2,950,000.00 $ Per Cubic Total Yard $4.60 $920,000.00 $4.60 $4,600,000.00 $ Per Cubic Total Yard $8 .75 $437,500.00 $7.95 $2,385,000.00 $ Per Cubic Total Yard $3 .80 $190,000.00 $3.80 $1,140,000.00 - Page 125 -Item #8. This rate i ncludes miles 0-30. For miles over 30, please add $0 .14 /CY / Mile. Haul out of Construction & Demolition Disaster Debris Reduced Estimated by Grinding to a City Designated Final Disposal Site. Work Quantity consists of loading and transporting reduced Eligible disaster at Per Cubic 1 a City approved location to a City Designated Final Disposal Yard Site. Ti pp i ng fees shall be a pass through cost to the City. Minor Dis aste r (Tornado\Category 1-2 Hurricane) 50 ,000 Major Disaster (Category 3-4 Hurricane) 300,000 Eligible Household Hazardous Waste Removal, Transport and Disposal. Work consists of removal, transportation and proper Estimated 3 disposal of Eligible Household Hazardous Waste (HHW) at a Quantity permitted Hazardous Waste TSDF liquid Type of Hazardous Waste 500 Eligible Household Hazardous Waste Removal , Transport and Disposal. Work consists of removal, transportation and proper Estimated 3 disposal of Eligible Household Hazardous Waste (HHW) at a Quantity permitted Hazardous Waste TSDF Solid Type of Haza rd ous Waste 500 Eligible White Goods Disaster Debris Removal (Collect and Haul). Work consists removal of Eligible white goods from the ROW to a designated City approved TSS location. The Estimated Contractor shall also be responsible for the transportation of Quantity 3 Eligible white goods from the designated City approved TSS location to a City designated facility for recycling. Refrigerators and freezers requiring refrigerant recovery and decontamination 250 Washers, dryers, stoves, oven s, AC units hot water heaters 500 Eligible Electronic Scarp (E-Scrap) Item Removal. Work cons ists of the recovery and recycling of Eligible E-Scrap su ch as Estimated 6 televisions, computers, computer monitors, and microwaves Quantity unless otherwise specific in writing by the City. 1,000 Eligible Dead Animals. Work consists of the recovery and Estimated 7 disposal of dead animals. Quantity 300 Estimated Other Eligible Di saster Debris Removal Quantity 4 Work consists of Sand Screening -The Contractor shall screen all sa nd to remove Eligible debris deposited as a resul t of a natural or manmade disa ster. 25,000 GRAND TOTAL NOTE : For all line it e ms, Tippi ng/ Di sposal Cost s will be a pa ss through Cost to cli ent at no mark up . $ Per Cubic Total Yard $4 .00 $200,000.00 $4.00 $1,200,000 .00 $ Per Total Gallon $25 .00 $12,500 .00 $ Per Total Pound $6.25 $3,125.00 $ Per Total Unit $70.00 $17,500.00 $50.00 $25,000 .00 $ Per Total Pound $10 .00 $10,000.00 $ Per Total Unit $60.00 $18,000 .00 $ Per Cubic Total Yard $14.95 $373,750.00 $27,192,375 .00 - Page 126 -Item #8. Removal of eligible Hazardous Stumps Work consists of removing Eligible haz.ardous stumps of more than 2 ft in $ Per diameter or with 50% of more of its root ball exposed, and transporting resulting Stump debris to a City Designated Final Disposal Site. 24.1 inches to 36.99 inch diameter Eligible Stump $350.00 37 inch to 48.99 inch diameter Eli gible Stump $450.00 49 in ch and larger diameter Eligible Stump $550.00 Reduction of Tree Stump Debris Through Grinding $ Per Cubic Work consists of reduction of eligible disaster related Tree Stump debris through Yard grinding. $4.60 Haul-out of Stump Removal Debris Reduced by Grinding to a City $ Per Designated Final Disposal Site Cubic Work consists of loading and transporting reduced Eligible disaster related debris to a City Designated Final Disposal Site. Tipping fees shall be a pass through cost to Yard City $2.95 Removal of Eligible Hazardous Leaning Trees and Eligible Hanging Limbs Work consists ofremoving and disposing eligible haz.ardous leaning trees or hanging $ Per Tree limbs 6 inch to 12 .99 inch diameter Eligible Leaning Tree $250.00 13 inch to 24.99 inch diameter Eligible Leaning Tree $500.00 25 inch to 36.99 inch diameter Eligible Leaning Tree $700.00 37 inch to 48.99 inc h diameter Eligible Leaning Tree $950.00 49 inch and larger diameter Eligible Leaning Tree $1,400.00 (Per tree) Removal of Eligible Hanging Limbs >2" $200 .00 Service Description HOURLY RATE Personnel & Equipment (Operator, fuel, maintenance included) Small Loader or Large. Skid steer, (Push machine, wheeled or rubber tracked) $130.00 Knuckle boom Loader Truck (Self-Loading 25-35 CY) $130.00 Dump Truck (16 to 24 CY) $105 .00 Supervisor with Truck (1 man, will assist toss operations) $ 60.00 Operators with Chainsaw (2 or I man crew, cut and toss) $120.00 Laborer with Tools (1 man, toss) $ 40.00 Traffic Control/Safety Personnel (2 man crew, as needed) $ 60.00 Total Hourly $645.00 NOTE: For all line items, Tipping / Dis posal C osts will be a pass through C ost to client at no mark up. NOTE for Tree Work : CrowderGulf will offer a rate reduction for cut & drop only and haul resulting debris as regular ROW debris to DMS . - Page 127 -Item #8. FEMA STUMP CONVERSION TABLE Diamete r t o Vol ume Capicity The quantification of the cubic yards of debris for each size of stump in the following tabl e was derived from FEMA field studies conducted thourghout the State of Florida during the debris removal operations following Hurricane Charley, Frances, Ivan an d Jeanne. The following formula is used to derive cubic yards. [(Stump Diameter, x 0 .7854 x Stump length]+ [Root Ball Diameter2 x .07854 x Root Ball Height] 46656 0.7854 is one-fourth Pi and is a constant. 46656 is used to co nvert cubic inches to cubic yard s and is a constant. The formula used to calculate th e cubic yardage used the following, based upon findings in the field : * Stump diameter measured two feet up from ground * Stump diameter to root ball diameter ratio 1:3:6 * Root ball height of 31" I Stump Diameter 11 Debris Volume I I Stump Diameter II Debris Volume (inche s) (Cubic Yards) (inches) (Cubic Yards) 6 0 .3 46 15.2 7 0 .4 47 15.8 8 0.5 48 16.5 9 0.6 49 17.2 10 0.7 so 17.9 11 0.09 51 18.6 12 1 52 19.4 13 1 .2 53 20.1 14 1.4 54 20.9 15 1.8 55 21.7 16 1.8 56 22.5 17 2.1 57 23.3 18 2.3 58 24.1 19 2.6 59 24.9 20 2.9 60 25.8 2 1 3.2 61 26.7 22 3 .5 62 27.6 23 3.8 63 28.4 24 4.1 64 29.4 25 4 .5 65 30.3 26 4 .8 66 31.2 27 5.2 67 32.2 28 5.6 68 33.1 29 6 69 34.1 30 6.5 70 35.1 31 6 .9 71 36.1 32 7.3 72 37.2 33 7.8 73 38.2 34 8 .3 74 39.2 35 8.8 75 40.3 36 9.3 76 41.4 37 9.8 77 42.5 38 10.3 78 43.6 39 10.9 79 44.7 40 11.5 80 45.9 41 1 2 81 4 7 42 12.6 82 48.2 43 13.3 83 49.4 44 13.9 84 50.6 45 14.5 - Page 128 -Item #8. - Page 129 -Item #8. - Page 130 -Item #8. - Page 131 -Item #8. - Page 132 -Item #8. Disaster Recovery & Debris Management Contact Information DISASTER ADMINISTRATION OFFICE (DAO) 5629 COMMERCE BOULEVARD EAST MOBILE, ALABAMA 36619 24 Hours / 7 Days a Week 800-992-6207 Phone 251-459-7433 Fax In the event of activation please contact the Disaster Administration Office (DAO) first 800-992-6207 Please ask for Ashley Ramsay-Naile. Official Notices should be sent to DAO address, DAO fax or jramsay@crowdergulf.com Ashley Ramsay-Naile President 646-872-1548 Cell jramsay@crowdergulf.com John Campbell Regional Director 859-963-8672 Cell jcampbell@crowdergulf.com Barrett Holmes Regional Manager 864-569-6611 Cell bholmes@crowdergulf.com - Page 133 -Item #8. Louisiana certificate form: LDI COI 280990 01 12 No. 302_REVISED CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 6/23/2021 PRODUCER Pathway Insurance Group, LLC 753 Nichols Avenue Fairhope, AL 36532 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A THE GRAY INSURANCE COMPANY INSURED CrowderGulf, LLC 5629 Commerce Blvd. E Mobile, AL 36619 COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY XSGL-074436 8/1/2019 7/1/2022 GENERAL AGGREGATE Unlimited X COMMERCIAL GENERAL LIABILITY PRODUCTS – COMP/OP AGG $3,000,000.00 PERSONAL & ADV INJURY $1,000,000.00 OWNER’S & CONTRACTOR’S PROT EACH OCCURRENCE $1,000,000.00 FIRE DAMAGE (Any one fire) $100,000.00 MED EXP (Any one person) $5,000.00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000.00 X ANY AUTO BODILY INJURY X ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY A X HIRED AUTOS XSAL-075438 8/1/2019 7/1/2022 (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY – EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE A EXCESS LIABILITY GXS-100064 7/1/2021 7/1/2022 EACH OCCURRENCE $4,000,000.00 UMBRELLA FORM AGGREGATE $4,000,000.00 X OTHER THAN UMBRELLA FORM A WORKER’S COMPENSATION AND GWC-071166 8/1/2019 7/1/2022 X WC STATU- TORY LIMITS OTH ER EMPLOYERS’ LIABILITY EL EACH ACCIDENT $1,000,000.00 THE PROPRIETOR/ EL DISEASE – POLICY LIMIT $1,000,000.00 PARTNERS/EXECUTIVE X INCL EL DISEASE – EA EMPLOYEE $1,000,000.00 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The certificate holder is an additional insured on all policies except Workers’ Compensation and is provided a Waiver of Subrogation, all if required by written contract. The above insurance policies shall be primary and noncontributory to any other insurance policies maintained by the certificate holder, if required by written contract. RFP No. 2019-747, Standby Contract for Disaster Debris Recovery Services CERTIFICATE HOLDER CANCELLATION 2523#302 City of Tybee Island Finance Department P O Box 2749 Tybee Island, GA 31328 In the event of cancellation by The Gray Insurance Company and if required by written contract, 30 days written notice will be given to the Certificate Holder. AUTHORIZED REPRESENTATIVE GCF 00 50 01 01 12 THE GRAY INSURANCE COMPANY - Page 134 -Item #8. CERTIFICATE OF INSURANCE Page 2 THE GRAY INSURANCE COMPANY The below coverages apply if the corresponding policy number is indicated on the previous page. A. Commercial General Liability General Liability Policy Includes: Blanket Waiver of Subrogation when required by written contract. Blanket Additional Insured when required by written contract. Primary Insurance Wording Included when required by written contract. Broad Form Property Damage Liability including Explosion, Collapse and Underground (XCU). Premises/Operations Products/Completed Operations Contractual Liability Sudden and Accidental Pollution Liability Occurrence Form Personal Injury “In Rem” Endorsement Cross Liability Severability of Interests Provision “Action Over” Claims Independent Contractors coverage for work sublet Vessel Liability - Watercraft exclusion has been modified by the vessels endorsement on scheduled equipment. General Aggregate applies per project or equivalent. B. Automobile Liability Policy Includes: Blanket Waiver of Subrogation when required by written contract. Blanket Additional Insured when required by written contract. C. Workers Compensation Policy Includes: Blanket Waiver of Subrogation when required by written contract. U.S. Longshoremen’s and Harbor Workers Compensation Act Coverage Outer Continental Shelf Land Act Jones Act (including Transportation, Wages, Maintenance, and Cure), Death on the High Seas Act & General Maritime Law. Maritime Employers Liability Limit: $1,000,000 Voluntary Compensation Endorsement Other States Insurance Alternate Employer/Borrowed Servant Endorsement “In Rem” Endorsement Gulf of Mexico Territorial Extension D. Excess Liability Policy Includes: Coverage is excess of the Auto Liability, General Liability, Employers Liability, & Maritime Employers Liability policies Blanket Waiver of Subrogation when required by written contract. Blanket Additional Insured when required by written contract. - Page 135 -Item #8. File Attachments for Item: 9. Installation of Electric Vehicle Charging Stations in North Beach Parking Lot, SPLOST Funding - Page 136 -Item #9. C:\Windows\TEMP\Tmpa87a.Tmp 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Pete Gulbronson, City Engineer/Director of Infrastructure Date: October 6, 2021 Re: Installation of Electric Vehicle Charging Stations in North Beach Parking Lot Background The City of Tybee Island and Georgia Power have entered into negotiations for the installation of a three bay electric vehicle charging station in the North Beach parking lot area. T he costs to purchase, install, and maintain the necessary infrastructure, charging equipment of the charging station would be covered by Georgia Power. The City of Tybee Island would be responsible for allowing space for the charging station and for the site preparation, including concrete curb and gutter and asphaltic surface. Overview The City of Tybee Island and Georgia Power had various meetings to discuss the best location for the proposed charging station. They came up with three potential sites and also asked the Tybee Island Historical Society for their input. Each site was based on the proposed criteria: It needed to be highly visible, away from other parking areas, close proximity to areas of interest so when they vehicle is being charged the owner does not have to sit in his car, and the City could not loss any existing spots. A map showing the proposed site that was chosen is attached to this memo. Summary The City of Tybee Island will fund their portion of this project through existing SPLOST funding. Recommended Next Steps: I would suggest that we enter into a license agreement with Georgia Power for the installation of a three bay electric vehicle charging station in the North Beach parking lot. - Page 137 -Item #9. County: CHATHAM Parcel: 40001 13008 Address: BEECHWOOD DR Owner: TYBEE CITY OF TOWN HALL Premise License Area - Page 138 -Item #9. City of Tybee Island responsible for removal and associated costs in preparation for Utility installed electric vehicle charging infrastructure. Three (3) new parking spaces to be created at city expense (concrete or asphalt) - Page 139 -Item #9. 1. NEW 75KVA 480V utility transformer 2. Secondary Electrical cabinet & Meter w/ External disconnect 3. (1) DC Fast Charger @ 62.5kW output CCS & CHADEMO connectors 4. (1) Dual Port Level2 Pedestal @ 7.2kw p/port 5. 12’ wide parking stall serving fast charger w/ Bollards 6. (2) 9’ wide parking stall serving level2 pedestal w/ wheel stops 1 2 4 5 6 3 - Page 140 -Item #9. File Attachments for Item: 10. Award of RFP 2021-761: Clarifier Rebuild - Page 141 -Item #10. CR I T E R I A PO S S I B L E PO I N T S SC O R E NO T E S SC O R E NO T E S De m o n s t r a t i o n o f a b i l i t y t o m e e t o r e x c e e d a l l re q u i r e m e n t s o f t h e s p e c i i f c a t i o n s 30 30 Re f e r e n c e s s h o w B R W e x e c e e d s r e q u i r e m e n t s 30 Re f e r e n c e s s h o w t h a t S C e x c e e d s r e q u i r e m e n t s Sc h e d u l e f o r t h e p r o c u r e m e n t o f p a r t s a n d co m p l e t i o n o f w o r k 25 0 Di d n o t s u b m i t a c o m p l e t e i o n s c h e d u l e . 25 Su m b i t t e d v e r y d e t a i l e d c o m p l e t e i o n s c h e d u l e Qu a l i t y o f , a n d r e s p o n s e f r o m , r e f e r e n c e s 15 15 Ex c e l l e n t r e f e r e n c e s 15 Ex c e l l e n t r e f e r e n c e s To t a l c o s t o f r e b u i l d 15 15 Ha d t h e l o w e s t b i d . 12 Di d n o t h a v e t h e l o w e s t b i d . W a r r a n t y o f p a r t s a n d w o r k 10 10 Me t r e q u i r e m e n t s p e r R F P 10 Me t r e q u i r e m e n t s p e r R F P Ho w w e l l d i d t h e p r o p o s e r f o l l o w t h e R F P d i r e c t i o n s in p r e p a r i n g a n d s u b m i t t i n g i t s p r o p o s a l p a c k a g e 5 3 Di d n o t f o l l o w a l l d i r e c t i o n s i n t h e R F P . D i d n o t su b m i t a c o m p l e t e i o n s c h e d u l e . 5 Ve r y i n d e p t h a n d d e t a i l e d p r o p o s a l TO T A L P O I N T S 10 0 73 97 BR W C O N S T R U C T I O N SO U T H E R N C I V I L , L L C RF P 2 0 2 1 - 7 6 1 : C L A R I F I E R R E B U I L D S B E A R D E N S C O R I N G M A T R I X - P a g e 1 4 2 - It e m # 1 0 . 20 2 1 - 7 6 1 Cl a r i f i e r R e b u i l d PG SB SH TO T A L PG SB SH TO T A L Cr i t e r i a Po s s i b l e Po i n t s Po i n t s Aw a r d e d Po i n t s Aw a r d e d Po i n t s Aw a r d e d Po i n t s Aw a r d e d Po i n t s Aw a r d e d Po i n t s Aw a r d e d De m o n s t r a t i o n o f a b i l i t y t o m e e t o r e x c e e d a l l re q u i r e m e n t s o f t h e s p e c i f i c a t i o n s 30 30 30 30 30 30 30 Sc h e d u l e f o r t h e p r o c u r e m e n t o f p a r t s a n d co m p l e t i o n o f w o r k 25 0 0 0 20 25 20 Qu a l i t y o f , a n d r e s p o n s e f r o m , r e f e r e n c e s 15 15 15 15 15 15 15 To t a l C o s t o f R e b u i l d 15 15 15 15 12 12 12 Wa r r a n t y o f P a r t s a n d W o r k 10 10 10 10 10 10 10 Ho w w e l l d i d t h e P r o p o s e r f o l l o w t h e R F P di r e c t i o n s i n p r e p a r i n g a n d s u b m i t t i n g i t s pr o p o s a l p a c k a g e 5 3 3 3 5 5 5 TO T A L 73 73 73 21 9 92 97 92 28 1 BR W C o n s t r u c t i o n So u t h e r n C i v i l - P a g e 1 4 3 - It e m # 1 0 . CR I T E R I A PO S S I B L E PO I N T S SC O R E NO T E S SC O R E NO T E S De m o n s t r a t i o n o f a b i l i t y t o m e e t o r e x c e e d a l l re q u i r e m e n t s o f t h e s p e c i i f c a t i o n s 30 30 BR W h a s e x t e n s i v e w o r k e x p e r i e n c e i n W W T P a n d we l l b e a b l e t o m e e t o r e x c e e d t h e r e q u i r e m e n t s o f th i s p r o p o s a l 30 So u t h e r n C i v i l h a s e x t e n s i v e w o r k i n W W T P a n d w i l l be a b l e t o m e e t o r e x c e e d t h e r e q u i r e m e n t o f t h e sp e c i f i c a t i o n s . T h e y r e p l a c e d C l a r i f i e r # 1 f o r T y b e e Is a l n d l a s t y e a r a n d w e h a d n o i s s u e s w i t h t h e i r w o r k Sc h e d u l e f o r t h e p r o c u r e m e n t o f p a r t s a n d co m p l e t i o n o f w o r k 25 0 As s t a t e d i n P a r t 3 : E v a l u a t i o n C r i t e r i a , t h e s c h e d u l e is a l a r g e f a c t o r i n t h e d e c i s i o n , 2 5 p o i n t s . B R W d i d no t i n c l u d e a s c h e d u l e f o r t h e w o r k . 20 Du r a t i o n : 2 0 3 D a y s , w h i c h m a k e s s t a r t u p o n J u l y 14 , 2 0 2 2 . 1 0 0 d a y s f o r e q u i p m e n t p r o d u c t i o n p e r Wa l k e r q u o t e . W o u l d l i k e t o f i n i s h e a r l i e r , b u t g e t t i n g eq u i p m e n t f r o m W a l k e r w i l l s l o w t h e p r o c e s s Qu a l i t y o f , a n d r e s p o n s e f r o m , r e f e r e n c e s 15 15 Su b m i t t e d a t t a c h m e n t A , B , D , E , F , G , H , B i d B o n d , Li a b i l i t y I n s u r a n c e , W - 9 , C o n t r a c t o r R e g i s t r i a t i o n Ap p p i c a t i o n a n d C e r t i f i c a t e , a n d a c k n o w l e d g e d Ad d e n d u m # 1 ; H a v e p l e n t y o f r e f e r e n c e s 15 Su b m i t t e d a t t a c h m e n t A , B , D , E , F , G , H , B i d B o n d , Li a b i l i t y I n s u r a n c e , W - 9 , C o n t r a c t o r R e g i s t r i a t i o n Ap p p i c a t i o n a n d C e r t i f i c a t e , a n d a c k n o w l e d g e d Ad d e n d u m # 1 ; H a v e p l e n t y o f r e f e r e n c e s To t a l c o s t o f r e b u i l d 15 15 $3 5 0 , 8 9 0 . 0 0 W e l l b e l o w t h e b u d g e t o f $ 5 0 0 , 0 0 0 . 12 $3 5 9 , 5 6 3 . 0 0 : W e l l b e l o w t h e b u d g e t o f $ 5 0 0 , 0 0 0 Wa r r a n t y o f p a r t s a n d w o r k 10 10 Ad d i t i o n a l w a r r a n t y n o t d o c u m e n t e d , s o t h e y w i l l in c l u d e t h e m a n u f a c t u r e r ' s w a r r e n t y o n p a r t s a n d a 1 ye a r w a r r a n t y o n m a t e r i a l a n d w o r k m a n s h i p a s no t e d o n S e c t i o n 2 . 1 2 o f o f R F P . 10 Ad d i t i o n a l w a r r a n t y n o t d o c u m e n t e d , s o t h e y w i l l in c l u d e t h e m a n u f a c t u r e r ' s w a r r e n t y o n p a r t s a n d a 1 ye a r w a r r a n t y o n m a t e r i a l a n d w o r k m a n s h i p a s no t e d o n S e c t i o n 2 . 1 2 o f o f R F P . Ho w w e l l d i d t h e p r o p o s e r f o l l o w t h e R F P d i r e c t i o n s in p r e p a r i n g a n d s u b m i t t i n g i t s p r o p o s a l p a c k a g e 5 3 Fo l l o w e d t h e d i r e c t i o n s o f t h e R F P f o r t h e m o s t p a r t , bu t d i d n o t s u b m i t a s c h e d u l e . 5 Fo l l o w e d t h e d i r e c t i o n s o f t h e R F P a n d s u b m i t t e d a l l th e r e q u i r e d d o c u m e n t a t i o n . TO T A L P O I N T S 10 0 73 92 BR W C O N S T R U C T I O N SO U T H E R N C I V I L , L L C RF P 2 0 2 1 - 7 6 1 : C L A R I F I E R R E B U I L D GU L B R O N S O N S C O R I N G M A T R I X - P a g e 1 4 4 - It e m # 1 0 . C:\Windows\TEMP\Tmp3aee.Tmp 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Pete Gulbronson, City Engineer/Director of Infrastructure Date: October 6, 2021 Re: Award of RFP 2021-761: Clarifier Rebuild Background The City of Tybee Island requested proposals for the complete rehabilitation of one Walker Process Clarifier Type SWP-FRST, which is 50-foot in diameter and has a depth of 15 feet. The existing access bridge, hand railing, grating, and weir troughs will be reused. The City advertised for bids, held a pre-bid meeting on Tuesday September 21, 2021, and proposals were due on Tuesday October 5, 2021 at 2:00 PM. Overview The City received two (2) proposals and a both contractors acknowledged the addendum in their submittals. Once the proposals were received, the proposal evaluation team of Pete Gulbronson, Stan Bearden, and Shari Haynes independently scored the responses. Their scoring matrixes are attached. The team evaluated the proposals on six different criteria including the ability to meet the specifications, schedule, quality of references, total cost, warranty, and how well the proposal was completed. The ability to meet the requirements of the proposal and schedule of work were large factors in the awarding of this project. Summary Funding for this project is in the upcoming Water/Sewer Revenue Bond under account number 505-00-11-7300, with a budget of $500,000. Recommended Next Steps: I would recommend the award of this project to Southern Civil, LLC in the amount of $359,563.00. - Page 145 -Item #10. CR I T E R I A PO S S I B L E PO I N T S SC O R E NO T E S SC O R E NO T E S De m o n s t r a t i o n o f a b i l i t y t o m e e t o r e x c e e d a l l re q u i r e m e n t s o f t h e s p e c i i f c a t i o n s 30 30 BR W c o n s t r u c t e d t h e 2 n e w c l a r i f i e r s - t r e a t m e n t pl a n t u p g r a d e d i n 2 0 0 2 w i t h W a l k e r P r o c e s s Eq u i p m e n t 30 So u t h e r n C i v i l d i d t h e e m e r g e n c y r e h a b / r e b u i l d o f cl a r i f i e r # 2 i n 2 0 2 0 w i t h W a l k e r P r o c e s s E q u i p m e n t Sc h e d u l e f o r t h e p r o c u r e m e n t o f p a r t s a n d co m p l e t i o n o f w o r k 25 10 Di d n o t s u b m i t t a s h c e d u l e o f c o m p l e t i o n 25 Di d c o m p l e t e a s c h e d u l e o f c o m p l e t i o n Qu a l i t y o f , a n d r e s p o n s e f r o m , r e f e r e n c e s 15 15 Ex c e l l e n t q u a l i t y & r e f e r e n c e s 15 Ex c e l l e n t q u a l i t y & r e f e r e n c e s To t a l c o s t o f r e b u i l d 15 15 Lo w e s t b i d 5 Di d n o t h a v e t h e l o w e s t b i d W a r r a n t y o f p a r t s a n d w o r k 10 10 Su p p l i e d w a r r a n t y o f p a r t s & w o r k 10 Su p p l i e d w a r r a n t y o f p a r t s & w o r k Ho w w e l l d i d t h e p r o p o s e r f o l l o w t h e R F P d i r e c t i o n s in p r e p a r i n g a n d s u b m i t t i n g i t s p r o p o s a l p a c k a g e 5 3 Di d n o t s u b m i t t a s h c e d u l e o f c o m p l e t i o n 5 Fo l l o w e d a l l d i r e c t i o n s TO T A L P O I N T S 10 0 83 90 BR W C O N S T R U C T I O N SO U T H E R N C I V I L , L L C RF P 2 0 2 1 - 7 6 1 : C L A R I F I E R R E B U I L D SH A R I H A Y N E S S C O R I N G M A T R I X - P a g e 1 4 6 - It e m # 1 0 . REQUEST FOR PROPOSAL RFP NO. 2021-761 CLARIFIER REBUILD PROPOSAL DUE: TUESDAY, OCTOBER 5, 2021 by 2:00pm PRE-PROPOSAL MEETING: SEPTEMBER 21, 2021 AT 1:00PM CITY OF TYBEE ISLAND, GEORGIA SHIRLEY SESSIONS, MAYOR BARRY BROWN, MAYOR PRO TEM SPEC HOSTI MONTY PARKS NANCY DEVETTER JOHN BRANIGIN JAY BURKE 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 PROPOSERS GENERAL INFORMATION PROPOSAL AND PERFORMANCE BOND EVALUATION CRITERIA ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. W-9/VENDOR INFORMATION; F. DEBARMENT CERTIFICATION; G. PROPOSAL SHEET; H. CHECKLIST INTRODUCTION This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services as indicated herein. The City of Tybee Island is seeking proposals for the complete rehabilitation of one Walker Process’s 50 feet in diameter, 15 feet deep Clarifier, Type SWP-FRST. We will reuse the existing access bridge, hand railing and grating as well as the weir troughs. The existing concrete tank will also be reused. Electrical controls will be reused as well. This equipment is proprietary from Walker Process’s. Sealed proposals must be received by 2:00pm local time, on October 5, 2021. The City of Tybee Island reserves the right to reject any or all proposals. - Page 147 -Item #10. A mandatory pre-proposal meeting will be held on Tuesday, September 21, 2021, at 1:00pm in the Tybee Island Public Safety Building (78 Van Horn, Tybee Island). Interested vendors are required to attend in order to be eligible to submit a proposal. The City of Tybee Island is seeking proposals for the complete rehabilitation of one Walker Process Clarifier; Type SWP-FRST, 50 feet in diameter, 15 feet deep. The City will reuse the existing access bridge, hand railing and grating as well as the weir troughs. The existing concrete tank will also be reused. Electrical controls will be reused as well. This equipment is proprietary from Walker Process’s. 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 be based on 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, and for one or all specifications. The city will not agree to any proposal or contract that will limit the contractor’s obligation to pay only up to the amount of the fee to be charged. 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 services 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 This RFP is for all parts and labor and must include the following items at a minimum: 1. Spur Gear Drive. Model 28H6 with overload and shear pin protection, 3/60/230-460 volt gear motor with continuous output torque of 6,250 ft-lbs. 2. Diffusion Well. 10’-0” diameter x 4’-6’ deep x 3/16” carbon steel 3. Influent Well. 16’-0” diameter x 7’ high carbon steel 4. Drive Cage. Minimum thickness is ¼” - Page 148 -Item #10. 5. Sight Box. ¼” carbon steel, complete with center pier seal and individual suction tube controllers 6. Center Pier and Sludge Withdrawal Pipe. 20” OD x 1/4 “wall steel center pier x ¼” wall steel return sludge pipe with draw band for connection of return sludge pipe in pier to piping under slab. Access manway at bottom of pier 7. Collector Arms. Two structural steel members, truss type with fixed flights and adjustable squeegees and sections rigidly braced to transmit the full torque of the drive unit. Each arm will be furnished with 4” diameter PVC suction tubes, with each tube terminating in sight box to allow visual observation of flow 8. Flights. V-plow and straight blade ¼” steel flights, with type 304 stainless steel squeegees and type 304 stainless steel fasteners 9. Skimmer. The skimmer assembly will include a scum trough that extends 13’-0” from the scum baffle to the rotating influent well and two skimmer arms that support skimming blades that extend across the entire surface area from the scum baffle to the influent well. 10. Weir Plates. One set of ¼” x 9” V notch fiberglass 11. Scum Baffle. One set of ¼” x 12” fiberglass 12. Fasteners. 304 Stainless Steel Requirements for completion: 1. Remove existing Clarifier equipment from existing Clarifier structure. 2. Provide all labor, material and equipment and install new Clarifier equipment into existing Clarifier structure. 3. Provide all labor, material and equipment to paint installed Clarifier equipment 4. Provide and install new Clarifier drain valve. 5. Complete a successful test run and demonstration of the new Clarifier to verify all is functioning as intended. 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: a. Must be prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. 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. c. Should include a separate cost for each specification on the response form (Attachment ‘G’) - Page 149 -Item #10. 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 (See attachment ‘H’) • City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga • Include at least three (3) references documenting your experience with similar projects. Include name of project, location, and current reference contact information including name, phone number, and email address. In addition to the information above, submit a written 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 #2021-761 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 #2021-761. 1.4 Errors in RFP responses: - Page 150 -Item #10. 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. 1.5 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 no later than September 28, 2021. Mark subject line on e-mail “Questions on RFP 2021-761, Clarifier” POINT OF CONTACT: Stan Bearden sbearden@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. All questions will be answered in an addendum to this RFP, which will be posted to the website after the above deadline. 1.6 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. Respondent must sign any issued addendum and return with their proposal. It is solely the responsibility of the respondent to ensure that all addenda are received, and changes are incorporated into the 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 proposer but will put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., 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 - Page 151 -Item #10. 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 with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal 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. 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 - Page 152 -Item #10. 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 no less than 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. 2.13 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-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 - Page 153 -Item #10. 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 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. 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. - Page 154 -Item #10. 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 that is licensed to do business in the State of Georgia, and that has 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 - Page 155 -Item #10. 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 #2021-761, 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. 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. 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 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner 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 Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following: a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Proposer’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Proposer’s contract obligations. 2.24 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, - Page 156 -Item #10. 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. 2.25 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. 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 respondent 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 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 - Page 157 -Item #10. 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: This is a one-time contract. The City reserves the right to terminate the contract for reasons of violations by the successful proposer of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiencies 2.31 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. - Page 158 -Item #10. 2.32 Proposal 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 Respondent will enter into the contract as per the proposal. Respondent will forfeit this amount should it be offered a contract by the City and refuse or fail to promptly enter into such contract. 2.33 Performance and Payment Bonds: a. Prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory performance. b. Also prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Payment Bond issued by a surety 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 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 of parts and completion of work 25 Quality of, and response from, references 15 - Page 159 -Item #10. Total Cost of Rebuild 15 Warranty of Parts and Work 10 How well did the Proposer follow the RFP directions in preparing and submitting its proposal package 5 - Page 160 -Item #10. - Page 161 -Item #10. - Page 162 -Item #10. - Page 163 -Item #10. - Page 164 -Item #10. - Page 165 -Item #10. - Page 166 -Item #10. - Page 167 -Item #10. - Page 168 -Item #10. - Page 169 -Item #10. - Page 170 -Item #10. - Page 171 -Item #10. - Page 172 -Item #10. - Page 173 -Item #10. - Page 174 -Item #10. - Page 175 -Item #10. - Page 176 -Item #10. - Page 177 -Item #10. - Page 178 -Item #10. - Page 179 -Item #10. - Page 180 -Item #10. - Page 181 -Item #10. - Page 182 -Item #10. - Page 183 -Item #10. - Page 184 -Item #10. - Page 185 -Item #10. - Page 186 -Item #10. - Page 187 -Item #10. - Page 188 -Item #10. - Page 189 -Item #10. - Page 190 -Item #10. - Page 191 -Item #10. - Page 192 -Item #10. - Page 193 -Item #10. - Page 194 -Item #10. - Page 195 -Item #10. - Page 196 -Item #10. - Page 197 -Item #10. - Page 198 -Item #10. - Page 199 -Item #10. - Page 200 -Item #10. - Page 201 -Item #10. - Page 202 -Item #10. - Page 203 -Item #10. - Page 204 -Item #10. - Page 205 -Item #10. - Page 206 -Item #10. - Page 207 -Item #10. - P a g e 2 0 8 - It e m # 1 0 . File Attachments for Item: 11. Water Tower Maintenance Project, $136,500 - Page 209 -Item #11. - Page 210 -Item #11. - Page 211 -Item #11. - Page 212 -Item #11. File Attachments for Item: 12. First Reading: 2021-28, Sec 7-060 - Removal of Significant Trees - Page 213 -Item #12. ORDINANCE NO. 2021-_____ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND SO AS TO INCLUDE PROVISIONS REGARDING REMOVAL OF SIGNIFICANT TREES, APPEALS FOR DECISIONS REGARDING REQUESTS FOR TREE REMOVAL PERMITS AND TO REPEAL INCONSISTENT OR CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinance to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and WHEREAS, it is desirable that requirements be established for tree removal so as to ensure that sufficient trees and vegetation remain on any developed parcel of land and that those individuals performing tree removal do so in a professional and responsible manner and WHEREAS, it has become important to ensure that the permitti ng process and implementation of tree removal permits be strengthened so that violations will be more preventable; and WHEREAS, the governing authority wants to clarify the type of tree that can be considered as a replacement for a significant tree that is removed. NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island duly assembled as follows: SECTION I Existing Tybee Code Sections identified as Article VII of Appendix A -Land Development Code “Tree Removal Regulations” Sec 7-060 and 7-100 are hereby amended as follows: Sec. 7-060. - Removal of significant trees. (A) Significant trees may be removed only under the following situations or conditions: - Page 214 -Item #12. 1. Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate that there is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes t o remove; 2. For improvements, expansion and/or new construction of infrastructure services, including water/sewer systems and streets, but only if no alternatives are available; and 3. Prior to the issuance of a permit allowing the removal of a significan t tree, the zoning administrator shall confirm in writing that one or more of the situations enumerated herein exists. (B) The tree removal permit allowing the removal of significant trees shall require the landowner/permittee to comply with the requiremen ts set forth in sections 7- 070 and 7-080 and the additional following conditions: 1. Each removed significant tree shall be replaced with one or more trees of like species from the significant tree list below having an aggregate DBH a t least equal to the DBH of the removed tree, and meeting the requirements of section 7-080; such replacement tree(s) shall be considered to be one tree for the purpose of meeting density requirements established in section 7-050(A); the exception to this provision is a dead tree, or a diseased tree that is a danger to or obstructs public safety and welfare or that might infect otherwise healthy trees. 2. Significant trees left remaining on the site may be counted as replacement trees according to the mitigation schedule. These trees must be noted on the plat and shall be protected as a tree as defined by section 2-010. Sec. 7-100. Appeals of actions. Appeals of decisions of the city administrator, city marshal, or his designee, pursuant to this article shall be made to the Planning Commission. The Planning Commission shall review the appeal and make a formal recommendation to to the mayor and council pursuant to city council meeting procedures. The mayor and council will finally decide any such appeal at a city council meeting. Significant Species Common Name and Scientific Name Mitigation Equivalent Per One Inch Live Oak For New Plantings Minimum DBH Required for Remaining Trees Special Note Red cedar Juniperus virginiana 1:1 4″ Live oak Quercus virginiana 1:1 4″ - Page 215 -Item #12. Laurel oak, water oak, etc. Quercus sp. NA 4″ Water oaks left only in naturalized area Magnolia grandiflora 1:1 4″ Sugarberry Celtis laeirgata 1:1 4″ Red bay Persea borbonia 1:1 4″ Sycamore Plantanu occidentalis 1:1 4″ Sweetgum Liquidamber syraciflora NA 4″ Native hollies Ilex sp. 1:1 3″ Native maples Acer sp. 1:1 3″ Toothache tree Xanoxylum clava- hercules 1:2 (1 inch toothache = 2 inch Live Oak) 3″ Eastern redbud Cercis Canadensis 1:1 3″ Devilwood (wild olive) Osmanthus americanus NA 3″ Carolina laurelcherry Prunus caroliniana 2:1 4″ Carolina willow Salix caroliniana 1:1 4″ Tough bumelia (buckthorn) Bumelia tenex 1:2 3″ Sparkleberry Vaccinium arboretum 1:2 3″ Palm numerous scientific names 1:1 3″ (Ord. No. 12-2012, 4-26-2012) SECTION II All ordinance and parts of ordinances in conflict herewith are expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinance, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention, - Page 216 -Item #12. X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\08.16.2021 Tree Redline .docx This Ordinance shall become effective on ____ day of _____, 2021. ADOPTED THIS _____ DAY OF ______ 2021. _____________________ MAYOR ATTEST: ________________ CLERK OF COUNCIL FIRST READING: __________ SECOND READING: __________ ENACTED: __________ - Page 217 -Item #12. File Attachments for Item: 13. 2021-08, Resolution to modify Resolution, 2021-06, imposing moratorium on new STVR applications so as to remove properties in C-1, C-2 and RT from the terms of the moratorium. - Page 218 -Item #13. 20211008 RESOLUTION NO 2021-______ A RESOLUTION MODIFYING THE MORATORIUM RESOLUTION (06-2021) APPLICABLE TO THE ISSUANCE OF OCCUPATIONAL TAX CERTIFICATES OR PERMITS FOR SHORT TERM VACATION RENTALS FOR A PERIOD OF NINETY DAYS SO AS TO REMOVE FROM THE MORATORIUM TERMS OCCUPATIONAL TAX CERTIFICATES OR ISSUANCE OF PERMITS FOR SHORT TERM VACATION RENTALS IN PROPERTIES WITHIN THE C1; C2 AND/OR RT ZONES WHEREAS, the City of Tybee Island through its Mayor and Council has previously adopted a Resolution providing for a moratorium dated August 26, 2021 which imposed restrictions and/or prohibitions on the issuance of new permits or occupational tax certificates for the operation of new short term vacation rental units, and; WHEREAS, the City, amongst other actions, has conducted forums and secured input from the public regarding methods to address the concerns that generated the moratorium and such efforts continue, and; WHEREAS, the information developed and investigations to date reveal that there is no further need for restrictions and/or prohibitions on the issuance of occupational tax certificates or permits for new short term vacation rental properties within the city in areas of the city zoned C1; C2 and/or RT, and; WHEREAS, the Mayor and Council find that except as modified herein with respect to properties within C1; C2 and/or RT zones, the moratorium contained in Resolution number 6-2021 of August 26, 2021 should continue under its terms with regard to other properties however it shall have no further application to properties in C1; C2 and/or RT zones. NOW THEREFORE BE IT RESOLVED in open meeting by the Mayor and Council that resolution number 6-2021 is immediately modified so that there shall hereafter be no restriction on the issuance of occupational tax certificates or new permits for short term vacation rental units in properties or regarding properties in areas zoned C1; C2 and/or RT but that in all other respects and locations the moratorium contained in the Resolution number 6-2021 shall continue to be applicable and the city's continuing investigation with respect to the regulation or control of STVR properties in other zones shall continue as per the terms of such Resolution. BE IT SO RESOLVED, this _____day of ______________, 2021. ATTEST: By _________________________ Mayor:______________________ City Clerk City of Tybee Island (SEAL) - Page 219 -Item #13. File Attachments for Item: 14. 2021-09, Bond Resolution: Provide for the Issuance of the City of Tybee Island Water and Sewer Revenue Bond, Series 2021 - Page 220 -Item #14. - Page 221 -Item #14. - Page 222 -Item #14. - Page 223 -Item #14. - Page 224 -Item #14. - Page 225 -Item #14. - Page 226 -Item #14. - Page 227 -Item #14. - Page 228 -Item #14. - Page 229 -Item #14. - Page 230 -Item #14. - Page 231 -Item #14. - Page 232 -Item #14. - Page 233 -Item #14. - Page 234 -Item #14. - Page 235 -Item #14. - Page 236 -Item #14. - Page 237 -Item #14. - Page 238 -Item #14. - Page 239 -Item #14. - Page 240 -Item #14. - Page 241 -Item #14. - Page 242 -Item #14. - Page 243 -Item #14. - Page 244 -Item #14. - Page 245 -Item #14. - Page 246 -Item #14. - Page 247 -Item #14. - Page 248 -Item #14. - Page 249 -Item #14. - Page 250 -Item #14. - Page 251 -Item #14. - Page 252 -Item #14. - Page 253 -Item #14. - Page 254 -Item #14. - Page 255 -Item #14. - Page 256 -Item #14. - Page 257 -Item #14. - Page 258 -Item #14. - Page 259 -Item #14. - Page 260 -Item #14. - Page 261 -Item #14. - Page 262 -Item #14. - Page 263 -Item #14. - Page 264 -Item #14. - Page 265 -Item #14. - Page 266 -Item #14. - Page 267 -Item #14. - Page 268 -Item #14. - Page 269 -Item #14. - Page 270 -Item #14. - Page 271 -Item #14. - Page 272 -Item #14. - Page 273 -Item #14. - Page 274 -Item #14. - Page 275 -Item #14. - Page 276 -Item #14. - Page 277 -Item #14. - Page 278 -Item #14. - Page 279 -Item #14. - Page 280 -Item #14. File Attachments for Item: 15. Shawn Gillen: Commercial Film Production Application Revisions - Page 281 -Item #15. C:\Windows\TEMP\Tmpab06.Tmp 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Shawn Gillen, City Manager Date: October 7, 2021 Re: Commercial Film Production Application Revisions Background Updates to the commercial film production application must be approved by the City Council. This revision incorporates many of the suggestions made at the September 23rd, 2021 City Council Meeting on fees and requirements for notification of businesses and residents. Overview This agenda item is for discussion only. The draft changes are intended to be a starting point for discussion. Input from the Mayor and City Council will be incorporated into a draft that will be placed on a future city council meeting for approval. Recommended Next Steps: If the it the wish of the Mayor and City Council to move forward with revisions we will have meetings with film production representatives to get there input into the impact of the changes and gather there suggestions on the revised application. - Page 282 -Item #15. PO Box 2749, Tybee Island, Georgia 31328; www.cityoftybee.org COMMERCIAL FILM PRODUCTION APPLICATION Thank you for considering Tybee Island as the ideal location for your production. The City of Tybee Island recognizes that productions have a significant economic impact and can contribute to the vitality of the community. With the Citizens of Tybee Island’s quality of life in mind, this document has been developed to assist commercial production companies in planning safe and successful projects in a manner that has minimal disruption to local residents and businesses that may be impacted by the activity. By keeping the public’s best interest in mind, persons/firms/companies wishing to engage in commercial film production activity upon public or private property which seek permission to conduct certain activities prohibited under local law, which requires state or federal permitting or approval, require city services, and / or require public parking must first be granted approval from the City Manager or the Mayor and City Council. Consideration for approval by the City Manager: a. Productions taking place for one (1) to five (5) days which: i. will have no activity on the beach and / or within the State’s Shore Protection Jurisdictional Area; ii. impact less than two city blocks; and, iii. request a maximum of twenty five (25) parking spaces shall complete and submit this application in its entirety at least five (5) business days prior to beginning of activity for consideration by the City Manager. b. Productions taking place for one (1) to five (5) days which will have activity on the beach and / or within the State’s Shore Protection Jurisdictional Area shall complete and submit this application in its entirety at least twenty (20) business days prior to beginning of activity for consideration by the City Manager. Consideration for approval by the Mayor and City Council: a. Productions taking place for six (6) or more days or productions that require activity which includes traffic control on multiple city blocks and / or limit access to the beach and / or on the beach within an area greater than 22,500 square feet shall complete and submit the application at least twenty eight (28) days prior to a regularly scheduled City Council meeting. NOTE: Monthly City Council meetings typically take place the second and fourth Thursday. Applications are considered on a first come, first served basis and shall not conflict with annual island events or activities already approved. No more than one production in the same location will be permitted due to limited infrastructure and city resources. Today’s Date: Application Fee Submitted (per type circled below): - Page 283 -Item #15. Page 2 of 16 updated: 11-20-17; original approval: 7-14-16 Type of Production Daily Fee Number of Days of Production Activity (Including set up and strike) Total Still Photography (no city services) $100 Commercial $275 Music Video $325 Corporate Video $325 Television Show $700 Documentary / Feature Film $1000 Additional Fees Cast and Crew Feature Film, TV Movies, TV and Web Series, Music Videos TV Commercials, Educational, Travel, or Documentary Films Still Photography Student Film/Photo Shoot Permit Review Fee $100 $100 $100 $0 Rush Fee (Within Five Business Days) $1000 $500 $100 $0 Beach Fee Up to 20 $1000 $500 $100 $0 21 to 50 $2000 $1000 $500 $0 51 to 100 $3000 $1500 $750 $0 Fees apply per day, per area. The production company is responsible to pay an additional non-refundable $500 to have a special City Council meeting arranged in order to expedite consideration of the application. Please confirm by checking one of the following options: □ REQUESTING □ NOT REQUESTING  The Commercial Film Production Application fee, as noted above, is due at the time of application submittal and is non-refundable.  The application will be reconsidered for approval if substantial changes are made or additional needs are requested. Proposed activity may be delayed and additional fees may apply.  Permit applications for beach use and / or facility reservations are administered separately. - Page 284 -Item #15. Page 3 of 16 SECTION 1: GENERAL INFORMATION (attach additional pages as necessary) 1. Name of Production: 2. Production Company: 3. Production Representative (Local Contact Person): The individual listed above must be on site during production activity and readily available at all times to address concerns. 4. Local Address: City: State: Zip: 5. Contact Phone: Email: 6. Phone Number and / or Website for Public information: SECTION 2: REFERENCES 1. Provide information regarding the production representative’s previous production experience(s). 2. Provide two (2) references excluding City of Tybee Island officials and staff: a. Name: Address: Phone: b. Name: Address : Phone: 3. List any additional contact person(s) and their phone numbers involved in assisting with this production. SECTION 3: PRODUCTION DETAILS (attach additional pages as necessary)  Due to increased demand on resources and to the protection of natural habitats please refer to Section 5 for potential restrictions of production activity locations and time periods. 1. Date(s) and time(s) of production activity:  Anticipated rain dates for activity: a. Beginning of Setup: Date/Time period b. Completion of Teardown: Date/Time period 2. Location(s): - Page 285 -Item #15. Page 4 of 16 updated: 11-20-17; original approval: 7-14-16 a. A drawn to scale, detailed site plan of the area(s) requested for production with all structures depicted is required at time of application submittal. 3. Provide a brief synopsis of the production: 4. Estimated number of people involved in production: Personnel Crew Extras Other (please explain) 5. Will activities with this production impede traffic flow? □ Yes (provide explanation below) □ No SECTION 3: PRODUCTION DETAILS CON’T. (attach additional pages as necessary) 6. Will activities require closure of public streets? □ Yes (provide explanation below) □ No a. Describe activity: b. List requested streets: 7. Will activities require public parking to be used? □ Yes (provide explanation below) □ No a. Provide details under Section 4. 8. Will commercial trucks be utilized during activity? □ Yes (provide explanation below) □ No a. Describe activity: b. List requested locations: 9. Describe any use of amplified sound, location, and effective times: 10. Check all that apply during production activity (additional permits may be required): □ Animals on site □ Fireworks □ Temporary dumpster □ Use of generators □ Amusement rides □ Building changes □ Stunt work □ Simulated weapon use □ Removal / trimming of □ Smoke / fire / □ Falling / jumping from height vegetation pyrotechnic effects □ Temporary structures □ Other: SECTION 4: CITY SERVICES REQUESTED – REFERENCE SECTION 5 FOR DETAILS □ Department of Public Works (DPW) Request(s): Provide details: - Page 286 -Item #15. Page 5 of 16 Equipment Quantity Exact Location Days & Hours Requested Traffic Cones Barricades Traffic Barrels Reschedule Routine Services (i.e. street sweeper/blowing) □ Parking requests (include a map plotting locations as described below): Type of Parking Area Exact Location(s) Use for Parking (i.e. working, crew, production/staging, base camp, extras…) Days & Hours Requested Quantity Private Commercial Public Parking □ Police Detail requests: a. Please describe: b. Will additional security be hired? □ Yes (provide details below) □ No Provide details: □ Fire Detail/Ocean Rescue requests: a. Please describe: updated: 11-20-17; original approval: 7-14-16 SECTION 5: INFORMATION & PRODUCTION GUIDELINES This section provides information and standard requirements that have proven to be useful during production activity and serves as a guide for all companies desiring to obtain a commercial film production permit on Tybee Island. The city assumes no liability arising or resulting from the determinations of respective minimum staffing levels or the requirements for any production. Because no two production requests are the same, requirements may vary for each production. The Community Development Office reserves the right to require additional city services and/or monetary deposits that may not be noted, but determined necessary. Production activity taking place in residential and / or commercial areas, inclusive of filming, parking, set dressing, load-in and load-out in these areas of Tybee Island require a production permit or shall be cited as a violation for the production company. Possible restrictions: The City Manager or Mayor and City Council reserve the right to restrict production activity based on the anticipated impact to the community and demand on resources. Additionally, the City Manager or Mayor and City Council reserve the right to restrict production activity in Downtown and beach areas between Tybrisa (16th) and 18th Streets based on anticipated economic impact of businesses during peak tourism season (spring and summer). The guidelines are subject to change and may be enforced as conditions of the permit. Production Scouting The City of Tybee Island’s Community Development Office shall be contacted prior to scouting locations for possible production activity in order to discuss city policies and parking regulations. - Page 287 -Item #15. Page 6 of 16 updated: 11-20-17; original approval: 7-14-16 Process of Application Consideration 1. Whether the production representative is capable or incapable of executing the planned production. 2. Whether budgetary considerations at the time of application create such a burden upon the city’s financial resources that it would not be practical for the production to take place at the time requested. 3. Whether the activity, as planned, may create an undue burden upon the public and staff resources of the city. 4. The timing of the proposed production activity. 5. The historical experience, if any, of production activity in the past years. 6. The effect the proposed activity will have upon the city’s resources and public health and safety, and frequency. 7. All city department heads affected by said activity must review and confirm acceptance of the application prior to the application being approved by the City Manager or the Mayor and City Council. All relevant fire and life safety issues must be adequately addressed. 8. A commercial film production permit may be withheld when the directors of city departments, in good faith, believe that the proposed activities will endanger the public health, safety, welfare, and / or damage property. 9. After reviewing the comments of all affected departments of the city, based on the specifics of the production activities, approval or rejection to proceed with the application process will be granted. 10. Requests for filming on weekends or holidays are reviewed on a case-by-case basis. Locations for production activity are reserved on a first-come, first-serve basis, regardless of the size or scope of the production. Consideration of Application 1. In order to ensure a smooth review process for permission of requested production activity, the production representative will first meet with the city’s Facilities / Special Events Coordinator, then applicable city department personnel and City Manager to review the application so that all concerns and details are addressed and agreed upon. Following these meetings, the application, if applicable, will be submitted for City Council consideration. 2. The City Manager may at her / his discretion approve production activity as outlined on page 1 of this application. The City Manager may at her / his discretion approve small scale production activity if the activity is solely on private property. 3. The City Manager, in consultation with directors of affected departments, may also impose any necessary restrictions or conditions to be observed in accordance with public safety, environmental and administrative considerations involved in the application. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Community Development Department 1. Temporary structures may not be anchored in the ground. If damage is done to city property, applicable fines and / or fees shall be billed to and paid by the production company. 2. Removing, excessive trimming and/or cutting of vegetation or trees are prohibited unless approved by and coordinated with the proper permitting office. In most instances, a city permit will be required. Facility Reservation Office 1. Reservation applications for use of beach areas and city owned facilities are required through the Facilities Coordinator for approval. 2. The production representative granted a permit shall comply with all applicable laws, ordinances and policies pertaining to approved beach and / or facility application. 3. The production representative granted a permit shall be responsible for its contractors and subcontractors adhering to all applicable laws, ordinances, and policies pertaining to approved beach and / or facility applications. - Page 288 -Item #15. Page 7 of 16 Fire Department 1. In the interest of public safety, the Tybee Island Fire Department must review and approve aspects of the production activity that may include, but not limited to, fireworks or pyrotechnics, emergency vehicle access, and use of open flame in accordance with city ordinances and all permit requirements. The Fire Chief will determine whether or not department personnel are needed and the production company shall pay directly for said services. 2. The Fire Chief must approve requested participation by the Fire Department directly. 3. The Fire Chief must approve use of Ocean Rescue Headquarters and Lifeguard Stands. 4. Water activities and/or stunts will require the presence of off-duty Tybee Island Ocean Rescue lifeguard(s). 5. The production company shall be solely responsible for coordinating with the Fire Chief, the hiring and compensating of necessary personnel in association with activity. 6. Fees will be assessed and invoiced for use of department vehicles in association with production activity. Parking Services Division Most productions require some level of parking arrangements. When a company requires public parking in city parking lots, arrangements must be made with the city’s Parking Services Division, in conjunction with the Community Development Office at the time of application review with departments. Due to the high demand for parking spaces in the City of Tybee Island, the Parking Services Division will only rent parking spaces for vehicles essential to production and/or to clear parking spaces for the production (no visible vehicles in the shot). All production vehicles must park in legally designated parking spaces and/or lots. Vehicles parked in unauthorized areas (i.e. handicapped spaces, loading zones, fire lanes, lanes of traffic, unlicensed lots, residential zones, etc.) without official authorization will be fined and/or removed. 1. The production company shall effectively demonstrate that they have maximized the use of private commercial parking prior to requesting use of public parking. 2. In most cases, the city may provide public parking spaces only for essential unit vehicles. When public parking is approved for use and / or restricted, costs as noted below will be invoiced accordingly: APPLICABLE DAY HOURLY RATE / SPACE Monday thru Thursday Half-Price Regular Rate of $3.507.00 / hour / space Friday thru Sunday $4 8.00/ hour / space Hourly rates per space will be doubled without written notice and city approval 48 hours in advance. 3. The production company shall use off-street parking, as available, for non-essential vehicles (i.e. crew parking). The production company may be required to use a remote parking location and arrange for suitable shuttle service for locations where off-street parking is not available (i.e. residential locations). At all times parking shall be organized to minimize the disruption to the area. 4. Request for use of parking lots or spaces must be submitted in detail for approval with the application. 5. Requests for production vehicles parking shall be included in the application request for consideration. updated: 1-13-21; original approval: 7-14-16 SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. 6. Requests for public parking spaces that have a direct impact on a business or resident(s) may be required to be accompanied by a notification letter confirming communication with the affected business/property owner/ manager prior to the request for parking being approved. The Community Development Office, in conjunction with the City Manager’s Office, may make determinations of needed documentation on a case-bycase basis. 7. By city ordinance, no person(s) may camp or sleep in vehicles in public areas nor may a vehicle stop or park with engine running for longer than ten minutes, except when necessary to refrigerate perishable items and / or for passenger buses that remain occupied by other than the driver. Street Closures If roads are to be blocked or traffic disrupted in any manner, the production representative must directly coordinate with the Tybee Island Police Department during regular working hours. - Page 289 -Item #15. Page 8 of 16 updated: 11-20-17; original approval: 7-14-16 1. Public streets shall not be closed unless: a. adequate alternate routes are available, b. adequate access to adjacent businesses is assured, c. transit can be maintained on the portion of the street to be closed, or can be maintained on adjacent streets. 2. Major streets shall not be closed during high volume traffic periods. a. When traffic cannot be effectively diverted onto other streets, traffic shall be stopped only intermittently and for no longer than three continuous minutes during each 10-minute period. b. Occupants of properties within a street closure or within any area a film company is filming are to be informed of the activity by the production company. In a residential area, residents in any block where filming is occurring or which is occupied by production vehicles shall be advised of the proposed activity. Reference the Notification Section for information. Adequate access to the area shall remain open at all times for emergency service personnel and emergency vehicles to ensure safety. Police Department 1. Any person or organization shall comply with security and safety guidelines set by the Tybee Island Police Department. 2. The Chief of Police must approve requested participation by the Police Department directly. 3. Traffic Control/ Driving Shots a. All productions that require any amount of pedestrian and / or vehicle traffic control must include detailed information within the application for consideration. The off-duty officer in accordance with the permit shall directly coordinate all traffic interruption on-site. 4. The production company shall be solely responsible for coordinating, with the Chief of Police, the hiring and compensating of necessary personnel in association with activity. 5. Fees will be assessed and invoiced for use of department vehicles in association with production activity. Public Works Department 1. The site of the production activity must be restored to its original condition or additional charges will apply. 2. Please note that any production that is found illegally dumping debris/trash will be fined. In addition, any production leaving debris/trash behind at any production location will be billed for the time, labor and equipment used by the Public Works Department to clean up the area. 3. Upon completion of work, all materials and debris shall be entirely removed and the right-of-way left in a condition satisfactory to the Director of Public Works. Any costs for cleanup by the city will be charged to the permit holder. 4. Fees will be assessed on a per hour rate and determined by the city if production activity requires the use of the electrical service, equipment owned by the City of Tybee, and / or labor. 5. It is the responsibility of the production company to provide adequate toilet facilities during activity as appropriate. Location(s) of said stations shall be indicated on provided site plan. One chemical toilet for every 200 people is recommended. - Page 290 -Item #15. Page 9 of 16 updated: 11-20-17; original approval: 7-14-16 SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. 6. Electrical needs are the sole responsibility of the production company. Generators shall not run during evening hours nor disrupt the peace and quiet in non-commercial areas in accordance with City Code 22-112. 7. The production company shall be solely responsible for coordinating, with the Director of Public Works, the hiring and compensating of necessary personnel in association with activity. 8. Fees will be assessed and invoiced for requested services/equipment and use of department vehicles in association with production activity. Additional Agencies Georgia Department of Natural Resources An issued Letter of Permission (LOP) from Georgia Department of Natural Resources is required for any activity on the beach and / or within the Shore Protection Jurisdictional Area (i.e. beach side parking lot areas, etc.) fifteen (15) business days prior to activity. The production is subject to cancellation if the LOP is not received by the City of Tybee Island prior to the noted deadline. Requests may be submitted at http://coastalgadnr.org/sendemail. In the case of duplicate permits (i.e. application approval from the city and/or an issued LOP), the more restrictive provisions of any permit will control. The city will notify DNR Enforcement when activity taking place conflicts with the issued LOP. Fines may apply. Georgia Department of Transportation The Georgia Department of Transportation shall be contacted when production activity impacts their jurisdiction. Contact information is available at http://www.dot.ga.gov/AboutGDOT/Districts. Chatham County Chatham County shall be contacted when production activity impacts their jurisdiction and / or the Pier and Pavilion located at Strand Avenue. Contact information is available at http://www.chathamcounty.org/Home/Department-Contacts. Tybee Island Marine Science Center Turtle nesting season on Tybee Island is May 1 through October 31. A conservation program of the Marine Science Center is the Tybee Sea Turtle Project. Volunteers with the Turtle Project protect and monitor the island’s nesting sea turtles. Production representative shall coordinate with the Marine Science Center regarding proposed beach activity during turtle nesting season. Contact information is available at http://www.tybeemarinescience.org/contact-us/. United States Coast Guard The USCG shall be contacted at 912-786-5440 when production activity includes fireworks. Approval for such activity is required at least 135 days prior. This is in addition to approvals required by the City of Tybee Island with input from the Tybee Island Fire Department. Residential / Commercial / Beach Areas 1. Production representative must provide written documentation confirming notification provided to merchants and / or residents prior to the Commercial Film Production Application being submitted for consideration of approval. Documentation shall include signatures of merchants notified. when possible. 2. It is the responsibility of the production representative to negotiate compensation with residents and / or businesses merchants when they are impacted directly by the activity. Production representative must provide written documentation of agreements with merchants impacted directly by the activity. Documentation shall include signatures of merchants. 3. Cast/crew may not trespass onto private property without consent. All personnel must remain within the boundaries of the property that has been permitted for filming. 4. Residents / Merchants shall never be prevented from access (street, driveway, and sidewalk) to their home / business as a result of film production, except for brief periods when scenes are being shot. - Page 291 -Item #15. Page 10 of 16 updated: 11-20-17; original approval: 7-14-16 5. Public access to and on the beach shall not be restricted as a result of film production, except for brief periods when scenes are being shot. 6. Productions may not impede normal residential services such as garbage collection and street cleaning. 7. At no time may production disrupt regular mail service. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. 8. Move-ins, move-outs and any related noisy activities of a production company shall occur only during the following periods: 7am – 8pm by city ordinance. 9. Late night and early morning filming between the hours outside of those in (8) will not be permitted unless permission is granted with the application based on the production representative providing required documentation of notification. 10. A production company will place on the sidewalk in the area of filming, an information sign advising the public of the name of the film and noting that they may be inconvenienced while walking through the area. Notifications 1. Productions that require completed notification and/ or signature documentation are required strongly encouraged to begin notifying residents and / or merchants at least six weeks in advance. A sample of the documentation for distribution shall be included with the application at time of submittal. Complete documentation shall be provided to the Community Development Office no less than two (2) weeks prior to the start of a production with six (6) or more days of production activity and seven (7) days prior to the start of a production with five (5) or less days of production activity. 2. Notification shall include: a. name of the production company b. name of the production representative with contact phone number and email address c. date(s) and time(s) the film company will be working in the area d. a summary of the activity which will impact the area e. map indicating areas for activity (including parking) f. phone number of the city’s Community Development Office g. phone number of the Savannah Film Commission Office. 3. Production representative is required to provide notice by reasonable means available, including, but not limited to, cellular phone or other telephonic means, e-mail, fax, hand-delivery, mail or other traceable delivery service (i.e. FedEx, UPS, courier service or certified mail). Federal law prohibits distribution in mailboxes. 4. A map created by the production company must be included with the original notification letter upon delivery of the application to the Community Development Office. This map shall clearly identify distribution streets by name & block (i.e. 700 block), and indicate all addresses receiving notification. 5. In the instance of a failure to successfully deliver notification letters, the production representative must document to the Community Development Office as to the number of attempts at making contact and provide documented attempts using recognized methods (certified mail, etc.). 6. Production representative must inform all affected properties of any schedule changes made after distribution of original notification letters. At all times the Community Development Office reserves the right to require pProof of notification is required as a condition of the permit. 7. No two productions are the same, and the city may require production company to meet additional requirements depending on the nature and scope of activity. Signage 1. Each vehicle belonging to the production company shall display proper identification on the dashboard including a contact person and telephone number. - Page 292 -Item #15. Page 11 of 16 updated: 11-20-17; original approval: 7-14-16 2. Signage to direct cast/crew or any other production elements is permitted only by specific production company’s permitted use and must be removed immediately upon completion of permitted activity. An invoice for costs incurred by the city for any removal of left signage will be forwarded to the production representative and must be satisfied before issuance of any further permits. 3. When filming occurs in a commercial area with limited passage on the right-of-way (including beach crossovers), the production company must provide proper wayfinding signage indicating businesses are open and provide an alternate route that will not negatively impact business activity. 4. When filming occurs where pedestrians who are not associated with the production will be present, the production company must provide proper wayfinding signage and off-duty officers shall be stationed throughout the set in order to direct pedestrians politely and safely through or around set. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Anti-Litter 1. If catering is done at a location, a method must be established for the removal of used cooking oils, gray water or any other solvents from the activity site. The production company will incur costs imposed by the city, county, and state if any solvents are left or discarded at the activity site. 2. Release of helium balloons and/or Chinese lanterns is prohibited on Tybee Island. It is very harmful to wildlife and is a violation of the city’s littering ordinance. 3. All smoking refuse must be properly disposed of in marked ‘butt-cans’ or other specifically designated receptacles. 4. All debris in production activity area(s) must be contained at all times. The production company will be charged an hourly rate and dumping fee determined by the city if any debris is left and disposed of by the Public Works Department. Amusement Rides 1. Separate from the insurance required by the City of Tybee Island, proof of insurance from the company providing amusement rides in conjunction with the production activity is required two weeks prior to use. Financial 1. The production representative shall be financially responsible for any cleaning, replacement and repair to municipal property or its accompanying articles after completion of activity. 2. The production representative shall be financially responsible for extra personnel hours incurred by the city as a result of the aforementioned. 3. A deposit of 50% shall be made upon receipt of all estimated costs. Payments of invoices are due upon receipt. Miscellaneous 1. No production activity which involves the use of explosives, pyrotechnics, fire, smoke-making machines or other special effects may be undertaken unless specifically approved in accordance with City Code 12.1 and the Department of Natural Resources. 2. Production company shall maintain minimal noise levels at all times and adhere to City Code 22-112. During filming activity, vehicle engines and generators shall be turned off as soon as possible, crew shall refrain from unnecessary shouting and production radio volumes shall be conducive to effective communication without being obtrusive to the surrounding neighborhood. If complaints of excessive noise levels occur, the production representative shall attempt to identify, correct and/or modify the noise source. Failure to do so shall result in immediate relocation of activity as appropriate. 3. When blockage of pedestrian right of way (including beach crossovers) is anticipated, production representative must submit a site plan showing exact locations and specified times of access restrictions with the application for approval. - Page 293 -Item #15. Page 12 of 16 updated: 11-20-17; original approval: 7-14-16 4. ADA compliant crossovers must be used to safely cover all cables placed on streets and sidewalks. 5. Credits of all productions shall include the City of Tybee Island, Georgia as a production location. 6. The official logo of The City of Tybee Island shall be used in the credits of all productions. The logo may be obtained from the City of Tybee Island’s Information Technology Department. 7. A statement referencing that permission for production activity was granted by the City of Tybee Island and, if applicable, Department of Natural Resources must be included in the credits to ensure the public is aware that specific activities (i.e. nongovernmental vehicles on the beach, open flames on the beach, etc.) are only permissible with prior authorization. Wording shall be agreed to upon prior to completion of activity. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Community Assistance Tybee Island is proud of its community’s spirit of giving and collaboration. We invite production companies who film on Tybee Island to contribute to the community’s non-profit organizations as appropriate. We appreciate any efforts you make to assist our community in better understanding the production process. The Community Development Office can assist in facilitating appointments for members of cast or crew with the production to talk to students at our local school and meet with members of our community. The City of Tybee Island makes every effort to improve the quality of life for our residents and merchants. Productions are encouraged to consider assisting in civic initiatives. If a production is capable of making lasting contributions to the community, the city will be happy to help facilitate these efforts. Enforcement 1. A commercial film production permit may be revoked immediately by the City Manager when activities are believed to be endangering the public health, safety, welfare, and / or damaging property. 2. A commercial film production permit may be revoked within 24-hours of written notice from the City Manager noting a violation of activity not permitted. 3. A violation of the permitted activity, in accordance with this application, shall be considered a violation of the city code, enforceable as provided herein. Persons engaged in a production without approval, or otherwise in violation of the guidelines herein, shall be subject to enforcement by city police or Code Enforcement Officers, through the issuance of immediate cease and desist orders. Each violation shall constitute a separate offense for which a separate fine shall be imposed as follows: a. For the first offense within a 12 month period a fine up to $500; b. For the second offense within a 12 month period a fine up to $750; c. For the third offense within a 12 month period and subsequent offenses a fine up to $1,000. 4. The production company will be restricted from receiving a production permit for a six (6) month period of time when previous violations have occurred. 5. If there are repeat offenses by a production company and / or their representative, the City Manager may decline to review future production permits from such person or entity for one year, or such other period as the City Manager deems appropriate. Moratoria 1. The City Manager or her / his designee has sole discretion to place a temporary moratorium on locations and neighborhoods that have experienced ‘burn-out’ as a result of previous high volume or large impact production activity based on the following criteria: a. History of code violations; b. Past history of the production company and/ or their representative; - Page 294 -Item #15. Page 13 of 16 updated: 11-20-17; original approval: 7-14-16 c. Duration of the subject production; d. Infrastructure and quality of life impacts (e.g. traffic interruptions); e. Other impacts to adjacent property owners, including exceptional filming activities (e.g., fire effects, explosions, car crashes, aerial filming, etc.) Revisions The Mayor and City Council may adopt revisions to the Commercial Film Production Application. The City Manager may authorize amendments to the Commercial Film Production Application proposed by staff, and shall present such amendments to the Mayor and City Council for approval. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Indemnification / Insurance 1. The production representative must sign this Agreement at time of submitting application, which provides for certain indemnification and other legal requirements. Prior to the issuance of the production permit, the production company shall maintain, at its sole expense, public liability insurance covering all production activity taking place on / off city properties and resultant use thereof, naming the City of Tybee Island as an additional insured, in the amount of $1 million. The Certificate of Insurance is required to be provided prior to the production beginning. Failure to provide insurance will result in the cancellation of production activity. 2. The company is responsible for obtaining necessary insurance as deemed appropriate by the property owner when private property is being utilized. 3. The production representative shall deliver to the Community Development Office a certificate or certificates of insurance, as specified above, evidencing the existence of public liability insurance in the minimum amounts described above. Each certificate shall provide that the city receive not less than thirty (30) days written notice of cancellation prior to such cancellation. In the event that such insurance is cancelled, expired or terminated, the production representative shall be required to obtain insurance immediately and furnish proof to the Community Development Office. If such valid insurance is not obtained within twenty-four (24) hours after cancellation or termination, the permit shall be revoked for the production and all associated activity shall cease. The production representative shall be responsible for submitting all certificates of insurance of its contractors and subcontractors. SECTION 6: ACCEPTANCE AND AGREEMENT ACCEPTANCE AND AGREEMENT I, as the production representative of the commercial production company, do hereby agree to indemnify and hold harmless the City of Tybee Island, Georgia, its elected officials, officers, agents, employees and contractors from and against any and all loss, damage, claim, demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with any production activity of the production representative, directors, officers, agents, servants, contractors, and subcontractors, including the occupancy or use of listed activity locations during the time period of said production. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the city relating to such loss or damage, except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city, and shall include all costs, expenses and liabilities - Page 295 -Item #15. Page 14 of 16 updated: 11-20-17; original approval: 7-14-16 incurred by the city in connection with any such claim, suit, action or cause of action, including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier termination of the use of premises. Nothing in this Agreement shall be construed to affect in any way the city’s rights, privileges, and immunities as set forth in Georgia Statutes and/or the Constitution of the State of Georgia. By providing my signature directly below, I agree to the above information and agree to comply with the information and guidelines specified in this document to ensure that public health and safety is not compromised during production activity, shall such be granted. In addition, I consent to the jurisdiction of the United States District Court for the Southern District of Georgia, the State and Superior Courts for Chatham County, the Municipal Court of the City of Tybee Island, and I agree that all disputes shall be resolved in one of these courts, and waive any objections to jurisdiction and venue. Please print: I, (Production Representative), individually, and as authorized representative of (Production Company), do hereby agree to the above terms by signing below. Production Representative’s Signature: Date: Production Producer’s Signature: Date: - Page 296 -Item #15. Page 15 of 16 INTERNAL USE BELOW. Staff signatures for city departments listed below indicate the Commercial Film Production Application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. DEPARTMENT SIGNATURE DATE City Manager Community Development Finance Fire Parking Police Public Works Water & Sewer COMMENTS: ADMINISTRATIVE APPROVAL (as applicable): City Manager: APPLICATION REVIEW VERIFICATION DATE RECEIVED REVIEW DATE BY CITY OF TYBEE ISLAND REPRESENTATIVE SENT OUT FOR INTERNAL REVIEW FOLLOW UP REVIEW MEETING(S) WITH PRODUCTION REPRESENTATIVE MEETING WITH CITY DEPARTMENT HEADS & PRODUCTION REPRESENTATIVE CERTIFICATE OF INSURANCE RECEIVED LETTER OF PERMISSION RECEIVED Date: Community Development Director: Date: - Page 297 -Item #15. Page 16 of 16 RESIDENT NOTFICATION LETTER DISTRIBUTED LIST OF BUSINESSES, RESIDENTS, AND ANY OTHER REQUIRED NOTIFICATIONS RECEIVED CITY SERVICES REQUESTS ACCEPTED & CONFIRMED ANY ADDITIONAL REQUIREMENTS (LIST BELOW) ANTICIPATED MAYOR & CITY COUNCIL CONSIDERATION (AS APPLICABLE) DETERMINATION: APPROVAL / DENIAL ALL INVOICES FOR CITY SERVICES PAID CITY MANAGER APPROVAL FINAL APPROVED COPY SENT TO CITY DEPARTMENT HEADS & SAVANNAH REGIONAL FILM COMMISSION updated: 5-23-19; original approval: 7-14-16 - Page 298 -Item #15. File Attachments for Item: 16. PC MINUTES -SEPTEMBER 20, 2021 - Page 299 -Item #16. PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marie Gooding Susan Hill COMMUNITY DEVELOPMENT DIRECTOR Elaine T. McGruder George Shaw David McNaughton J. Whitley Reynolds CITY ATTORNEY CITY ATTORNEY Edward M. Hughes Planning Commission Meeting MINUTES September 20, 2021 Chair Demery Bishop called the September 20, 2021 Tybee Island Planning Commission meeting to order. Commissioners present were Vice Chair Ron Bossick, Marie Gooding, Susan Hill, Elaine T. McGruder, David McNaughton and J. Whitley Reynolds. Consideration of Minutes: Chair Demery Bishop asked for consideration of the September 20, 2021 meeting minutes. Marie Gooding made a motion to approve. J. Whitley Reynolds seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Demery Bishop asked if there were any Disclosures or Recusals. J. Whitley Reynolds recused his self for item one Variance at 1014 Second Ave. He stated he prepared the survey for that property. Old Business: Chair Demery Bishop asked if there were any old business. There were none. New Business: VARIANCE: Requesting to build in setback – 1014 Second Ave. – 40006 13005 – R-2 - Mary Nadeau. George Shaw stated the applicant has a very narrow lot and a husband with increasing mobility issues. At the front of the lot there are steps to get into the house. At the back of the lot it is at grade with a walkway to come around to the back door but that opening is only two feet wide so a walker or wheel chair could not get through. She would like to widen the doorway and that would go into the setback. Staff recommends approval. David McNaughton made a motion to approve. Susan Hill seconded. Vote to approve was unanimous. Minor Subdivision: Requesting to subdivide 3 Lots – 1517 Miller Ave. – 40008 11008 – R-2 -1514 A & B Fifth Ave. – 40008 11022 & 023 – R-2 – Osborn & Warakomski. George Shaw stated under normal circumstances a recombination of lot lines that meet all the City codes and do not create any additional lots do not have to go through the public hearing process. But because of the odd shape that this recombination is creating the City Attorney wanted this to go through the process. The applicants own the three lots and the property on Fifth is a duplex that has a very tiny and odd back yard. So they wanted to add more back yard to these units. It will create oddly shaped lots which we have no rules against that. Staff doesn’t have a recommendation it is just - Page 300 -Item #16. creating an odd shape lot and meets code. Marie Gooding asked if they own both properties is there a reason why they just can’t use all the property areas instead of making this permanent change. George Shaw stated he presumes they either want to rent or sell one of them at some point. Demery Bishop asked if the Fifth Avenue propert y was one lot one time and would they be considered substandard now. George Shaw stated yes it was one lot at one time and there is nothing substandard about it now it will only be considered a conforming lot for a duplex. J. Whitley Reynolds stated as a Surveyor I remember having to put a note on all Duplex property plats that says (This subdivision creates two lots unsuitable for single family detached dwellings) Randy Osborn who lives at 1514A Fifth Avenue approached the planning commission and stated his daughter and grandkids live in 1514B Fifth Avenue and he is wanting to create more backyard space for his grandkids. He also stated if he decides to rent out the 1517 Miller Avenue at some point he doesn’t want any legal issues to come up if the kids play around that yard. J. Whitley Reynolds made a motion to approve. Susan Hill seconded. Voting for were the motion were Ron Bossick, Susan Hill, Elaine McGruder, David McNaughton and J. Whitley Reynolds. Voting against was Marie Gooding. Site Plan: 803 First St. -40019 01001 – C-2 – Jeremy Altman. George Shaw stated the applicant Jay Altman has a long-term lease of the property from Green Growth and would like to have an art gallery on the site. The only outstanding issue is whether GDOT will approve a curb cut or not. If they do not approve the curb cut we would not issue any permits for commercial use. From the City all requirements have been met. Staff recommends approval. Jay Altman (the applicant) who lives at 167 Lewis Avenue approached the commission and stated he is looking forward to this project. Also he has been in constant contact with GDOT about the curb cut and does not see any issues with them. Janice Elliot who live at Salt pine Townhomes 817 First Street unit #D2 approached the Commission and stated she wants to know what kind of buffer they will be putting in. George Shaw stated additional eight foot fence and some landscaping. Kelly Yambor who lives at Salt pine Townhomes 817 First Street unit A2 approached the Commission and stated she would like to ask about music times and noise restrictions being next to a residential. George Shaw stated they would have to meet the city’s noise ordinance. Cayla Pepper who lives at Salt pine Townhomes 817 First Street unit B3 approached the Commission and stated she would like to know if this is to be a venue or a gallery. George Shaw stated this site plan is being called an art emporium retail gallery space. Additional structures would require another site plan review. J. Whitley Reynolds made a motion to approve. Ron Bossick seconded. Susan hill asked to amend the motion to say pending approval of curb cut by GDOT before permitting. J. Whitley Reynolds agreed to include the amendment in his motion. Vote to approve was unanimous. Discussions: Adjournment: 7:45pm Lisa L. Schaaf - Page 301 -Item #16.