HomeMy Public PortalAbout2021-763 Lighthouse Area Sewer Phase II.pdfINVITATION TO BID ITB NO. 2021-763 LIGHTHOUSE AREA SEWER PHASE II
BID DUE: TUESDAY, NOVEMBER 23, 2021at 2:00pm CITY OF TYBEE ISLAND, GEORGIA SHIRLEY SESSIONS, MAYOR
BARRY BROWN, MAYOR PRO TEM SPEC HOSTI MONTY PARKS NANCY DEVETTER
JOHN BRANIGIN JAY BURKE
Document Checklist The following documents are contained in and made a part of this Invitation to Bid, or are required
to be submitted with the bid. It is the responsibility of the Bidder to read, complete and sign, where
indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE BIDDER INTRODUCTION
INSTRUCTIONS TO BIDDERS GENERAL INFORMATION
SURETY AND BOND REQUIREMENTS
LIQUIDATED DAMAGES ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C.
SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION;
F. DEBARMENT CERTIFICATION G. DRUG-FREE WORKPLACE CERTIFICATION; H. CHECKLIST INTRODUCTION
This is an invitation to bid to supply the City of Tybee Island, Georgia with the following:
The project consists of the following generally described work: Installation of approximately 80 LF of new 8” dia. gravity sewer main, 600 LF of new 10” dia. gravity sewer main, 1,300 LF of new 12” dia. gravity sewer main, and connection of existing service laterals to new gravity sewer mains along Meddin Drive and Veterans Drive on Tybee Island, Georgia. Installation shall include
piping, fittings, manholes, cleanouts, connections to existing gravity sewer and service laterals,
and all other appurtenances associated with the installation of new gravity sewer mains and service laterals. Plans and Specifications may be obtained from Thomas & Hutton Engineering Co., 50 Park of
Commerce, Savannah, Georgia 31405 upon payment of $200.00 (plus shipping charges as applicable). The payment is non–refundable.
Sealed bids must be received by 2:00pm local time, on Tuesday, November 23, 2021, at which time and place all bids received will be publicly opened and read aloud. The City of Tybee Island reserves the right to reject any or all bids.
METHOD OF AWARD: If the City of Tybee Island awards a contract from this ITB, it will be awarded to the responsible bidder with the lowest responsive bid. Bidders must respond completely by filling in all applicable blanks.
Signature of bidder indicates understanding and compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this ITB will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole
or in part, for any costs associated with preparation, submission, or presentation of bids.
Instructions for preparation and submission of a bid are contained in this ITB package. Please note that specific forms for submission of a bid are required.
The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement
procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex,
national origin or handicap.
The City is seeking a bid package for service or materials equal to or exceeding specifications set forth on the attached pages. Bidders not meeting these standards will be rejected. The specifications set forth on the plans prepared by Thomas and Hutton become and remain a part of
this ITB.
All responses, inquiries, or correspondence relating to, or in reference to, this ITB, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders will become the property of the City when received. The City retains the right to use any or all ideas presented in
any response to this ITB, whether amended or not. Selection or rejection of the bid does not affect
this right. 1. INSTRUCTIONS TO BIDDERS
The following instructions provide general and specific information for use in submitting a bid to
supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All ITBs are governed by the Code of the City of Tybee Island, Georgia, and the laws of the State of Georgia.
Bidders must carefully review all provisions of, and attachments to, this document prior to
submission. Each bid constitutes an offer and cannot be withdrawn except as provided herein. This ITB can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the bidder to check the website for additional information and/or addendums.
1.1 How to Prepare Bids: All Bids must be:
a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
b. Bids must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Bid. ALL SIGNATURE SPACES MUST BE SIGNED.
1.2 How to Submit Bids: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the ITB number and title, and bidder’s company
name, to the office of the address below prior to the time specified. Include all required
attachments, which can be found at the end of this document.
• Include all requested documents, including required bid bond. See
Attachment I
• City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga
• All Bids must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include Vendor Name and ITB #2021-763/Lighthouse Area Sewer Phase II on front of envelope.
• Courier or hand deliver bid package to: MELISSA FREEMAN
TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328
• Bids may be submitted via US Mail, but bidders choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND
PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED.
1.3 How to Submit an Objection: Potential bidders must present any written objection to this ITB at least seven (7) days prior
to the bid due date. The objections contemplated may pertain to form and/or substance of
the ITB documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to ITB #2021-763.
1.4 Errors in ITB responses: Bidders are expected to fully inform themselves as to the conditions, requirements, and specifications of this ITB before submitting a bid. Failure to do so will be at the Bidder's
own risk. In case of error in extension of prices in bid, the unit price will govern.
1.5 Questions concerning ITB:
Questions, inquiries, suggestions, or requests concerning interpretation, clarification or
additional information concerning any portion of this ITB must be made by email, sent to
the below named individual, who will be the official point of contact for this ITB.
Questions must be submitted at least seven days before the bid due date.
Mark subject line on e-mail “Questions on ITB 2021-763 Lighthouse Area Sewer Phase
II”
POINT OF CONTACT:
Peter Gulbronson
peter.gulbronson@cityoftybee.org
Failure of a Bidder to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Bidder's acceptance of all of the terms, conditions and requirements set forth in this ITB.
1.6 Addendums to ITB:
Any changes to the conditions or specifications in this ITB must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this ITB, it will be posted by the Purchasing Agent on the City’s website.
The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others.
Bidder must acknowledge each addendum in the bid. It is solely your responsibility as a bidder to ensure that you have received all addenda and incorporated the changes into your bid response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. Signed addendum(s) must be included in response package.
2 GENERAL INFORMATION 2.1 Specifications:
Any obvious error or omission in specifications will not inure to the benefit of the bidder but will put the bidder on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mention is made of any article, material or workmanship to be in
accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will
be construed to be the minimum requirements of these specifications.
2.2 Standards for Acceptance of Bid for Contract Award: City of Tybee Island reserves the right to reject any or all bids and to waive any
irregularities or technicalities in bids received whenever such rejection or waiver is in the
best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract.
2.3 Bidder: Whenever the term "bidder" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a bid (a binding offer) to the City of Tybee Island in such capacity before a contract has been entered into between such party and the City of Tybee Island.
2.4 Responsible / Responsive bidder: Responsible bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive bidder means a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in this ITB.
2.5 Multiple Bids: No Vendor will be allowed to submit more than one (1) bid. 2.6 Compliance with Laws: The bidder will obtain and maintain all licenses, permits, liability insurance, worker's compensation insurance and comply with any and all other
standards or regulations required by federal, state, county or city statute, ordinances and
rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof.
2.7 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents.
2.8 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any bidder must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects).
2.9 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and
Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No bids will be considered unless
a signed E-Verify Affidavit is enclosed with the submittal package.
Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information.
Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1
required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants
for certain “public benefits” are legally present in the United States. Contracts with the
City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this ITB package.
Protection of Resident Workers. City of Tybee Island actively supports the Immigration
and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and
employment eligibility of any hiree, which includes completing the Employment
Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.
2.10 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project.
2.11 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his bid
will be firm for acceptance for a period of sixty (60) days from bid opening date, unless otherwise stated in the ITB. 2.12 Quality: All materials or supplies used for, or the workmanship employed in, any
construction necessary to comply with this bid, will be of the best quality, and adhere to
the highest industry standards. 2.13 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Bidder will unconditionally guarantee the materials and workmanship for one (1) year from
completion of the project or delivery of goods. If, within the guarantee period, any defects
occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being
least detrimental to the operation of the City.
2.14 Liability Provisions: Where bidders are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Bid as requested by the City, the bidder will be liable for any injury, damage or loss occasioned
by negligence of the bidder, its agent, or any person the bidder has designated to prepare
the bid and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful bidder in order to be awarded a contract with City of Tybee Island.
2.15 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee
Island in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. An award may be made to the next lowest bidder, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or its surety) will be liable to City of Tybee Island for costs to
the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements.
2.16 Certification of Independent Price Determination: By submission of this bid, the
Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own
organization, that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any competitor;
b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder
or to any competitor; and
c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.
2.17 Qualification of Business (Responsible Bidder): The Scope of Work, specifications and
plans define a responsible Bidder as one who meets, or by the date of the bid acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all bidders to submit documentation of the ability to perform, provide, or carry out the service or provide the
product requested. The City has the right to disqualify the bid of any bidder as being
unresponsive or un-responsible whenever such Bidder cannot document the ability to deliver the requested product or service. 2.18 Insurance Provisions, General: The selected proposer to whom the contract is awarded
will be required to procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance must be included in the bid.
a. General Information that must appear on a Certificate of Insurance:
i. Name of the Producer (proposer’s insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this is the Company or Parent of the firm the City is contracting with).
iv. A Summary of all current insurance for the insured (includes effective dates of
coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (Must include the City of Tybee Island as a certificate
holder and an additional insured).
THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY
COVERAGES.
b. Minimum Limits of Insurance to be maintained for the duration of the contract: i. Commercial General Liability: Provides protection against bodily injury and
property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors,
products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum
limits: $2,000,000 bodily injury and property damage per occurrence and annual
aggregate. ii. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of
the Contractor while performing within the scope of their duties. Employer’s
Liability coverage is usually included in Worker’s Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker’s Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory
Worker’s Compensation limit.
iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage.
Coverage must be written on an Any Auto basis.
THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR EXCESS COVERAGES.
c. Special Requirements: i. Extended Reporting Periods: The Contractor must provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended
Reporting Period and the reason(s) for invoking this option.
ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies will not affect coverage provided in relation to this request.
iii. Cancellation: Each insurance policy that applies to this request must be
endorsed to state that it will not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City of Tybee Island.
iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of
insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island
before services are rendered. The Contractor must ensure Certificate of
Insurance is updated for the entire term of the City of Tybee Island contract. v. Insurer Acceptability: Insurance is to be placed with an insurer licensed to do business under the laws of the State of Georgia, and having an A.M. Best’s rating
of A and a five (5) year average financial rating of not less than V. If an insurer
does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract
termination by the City of Tybee Island Mayor and Council.
vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the
option of the City of Tybee Island, either: the insurer will reduce or eliminate
such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses.
2.19 Compliance with Specification - Terms and Conditions: The ITB, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of the Bid and by reference are made a part hereof.
2.20 Signed Bid Considered Offer: The signed Bid will be considered a binding offer on the part of the Bidder, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Bidder after such acceptance, the City of Tybee Island
may take such action as it deems appropriate, including legal action, for damages or lack
of required performance. 2.21 Notice to Proceed: The successful bidder must not commence work under this ITB until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent
or his designee, or as specified in the Special Conditions. If the successful Bidder does
commence any work or deliver items prior to receiving official notification, it does so at its own risk. 2.22 Protest Policy: Any bidder who is aggrieved in connection with the award of a contract
may file a protest with the Purchasing Agent. The protest must be submitted in writing no
later than 48 hours after the bid opening. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: ITB #2021-763, and must include the following information:
a. Name, address, email address, and telephone numbers of the protester;
b. ITB number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any;
e. Statement of relief requested;
f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest.
2.23 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products
delivered to the City are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912-472-5024 or City of Tybee Island’s Project Manager as specified in the
contract documents.
b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document.
c. Upon completion of the work or delivery of the products, the Contractor will
provide the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of
Tybee Island have been paid in full.
d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into
Georgia and sold to City of Tybee Island by contract. Please consult the State of
Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information. 2.24 City’s Rights Concerning Award: The City reserves the right, and sole and complete
discretion to waive technicalities and informalities. The City further reserves the right, and
sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the City in its sole discretion. In judging whether the Bidder is responsible, the City will consider, but is not limited to consideration of, the following:
a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority;
b. Whether the Bidder or principals have been terminated for cause or are currently
in default on a public works contract; c. Whether the Bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over
the past three years not having exceeded an average of 1.2; and
d. Whether the Bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Bidder’s contract obligations.
2.25 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of
Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This
includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract.
2.26 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City
employees, and elected officials regarding this product or service solicitation, Invitation to Bid (ITB) 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 bid invalid. In
order to conduct this procurement transaction in manner that provides full and open competition and meet the Federal Uniform Guidance Requirements to ensures objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statement of work, or invitation for bids or
request for proposal must be excluded from competing for this contract.
2.27 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all
data, materials and documentation prepared for and submitted to City of Tybee Island in
response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-
70, et. Seq., unless otherwise provided by law.
It is the responsibility of the Bidder to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Bidder submitting records which the entity or person believes contains trade secrets and that it wishes to keep such records
confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an
affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. See also, section 2.27.
City of Tybee Island will not be held accountable if material from bids is obtained without
the written consent of the bidder by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.28 Georgia Trade Secret Act of 1990: In the event a Bidder submits trade secret information
to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The
City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.29 Contractor Records: The Georgia Open Records Act is applicable to the records of all
contractors and subcontractors under contract with the City of Tybee Island. This applies
to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 2.30 Terms of Contract:
a) Contract is a one-time contract to follow award of project . b) The contract will provide that the venue for any dispute will be in Chatham County, and Georgia law will control.
c) The contract will not contain any obligation for the City to indemnify the other party to the contract or any other entity or person. d) All other terms will be consistent with the ITB and the bid documents submitted,
each of which will be incorporated into and made a part of the contract.
e) The final terms will be agreed upon by each party, including approval by the Mayor & Council of the City of Tybee Island.
2.31 Audits and Inspections: The contractor and his subcontractors will make available to the
City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all
matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during
normal business hours at the offices of the Contractor, as requested by the City of Tybee Island.
2.32 Liquidated Damages: The project is to be completed by May 20, 2022. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the work is not completed within the times specified in the contract,
plus any extensions thereof allowed. The parties also recognize the damages or loss
caused by the failure to complete the work on time is difficult or impossible to accurately estimate, and the parties hereby stipulate that the sum of One Thousand Dollars ($1,000) per day is a reasonable pre-estimate of the probable damages or loss incurred by City for delay in completion of construction. Accordingly, the City and Contractor agree that as
liquidated damages for delay, Contractor shall be liable to the City for the sum of One
Thousand dollars ($1,000.00) for each day that the work is not completed as specified in the contract and that this amount of liquidated damages is intended to solely provide for damages incurred by the City and not as a penalty to Contractor.
3. SURETY AND BOND REQUIREMENTS: a. Each bid must be accompanied by a Bid Bond, issued by a surety company licensed to do business under the laws of the State of Georgia, and satisfactory to the City of Tybee Island in the amount of five percent (5%) of the total contract amount to
ensure the bidder will enter into a contract as per bid. Bidder will forfeit this amount
should it be offered a contract by the City and refuse or fail to promptly enter into such contract. b. Bidder shall include in the Bid, evidence of capability of securing a Performance
Bond for the full amount of the Bid. 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.
c. Bidder shall also include in the Bid, evidence of capability of securing a Payment Bond for the full amount of the Bid. 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.
d. 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. e. If the surety on the bonds furnished by the Contractor is declared bankrupt or
becomes insolvent, or it’s right to do business in the State of Georgia is terminated,
the Contractor shall within five (5) calendar days thereafter substitute other bonds and surety acceptable to the City of Tybee Island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of Tybee Island may consider the Contractor in material breach of contract and take
appropriate actions.
ATTACHMENT A
CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET The Bidder certifies that he/she has examined all documents contained in this ITB package, and is familiar with all aspects of the ITB and understands fully all that is required of the successful
Bidder. The Bidder further certifies that his/her Bid will not be withdrawn for sixty (60) days from
the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Contract, he/she will:
A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items
indicated thereon as specified in this ITB for the bid amount; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this ITB for the bid
amount, and;
COMPANY DATE
SIGNATURE TITLE TELEPHONE NUMBER
MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council
established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at least 51% owned and managed by minority or women.
A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their bid as proof of qualifications. Bidder that intends to engage in joint ventures or utilize sub-consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328.
African-American\Black_____ Asian American_____ Hispanic_____ Native American_____ Alaskan Indian_____ Female_____
ATTACHMENT B
CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is
authorized to use and uses the federal work authorization program commonly known as E-Verify,
or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of
such contract only with subcontractors who present an affidavit to the contractor with the
information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________
Federal Work Authorization User Identification Number
_________________________________ Date of Authorization
_________________________________
Name of Contractor _________________________________ Name of Project
_________________________________ Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________ Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__.
_________________________________ NOTARY PUBLIC My Commission Expires:
ATTACHMENT C
(Due only if contract is awarded) Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) (Subcontractor Affidavits will be due at time of contract award)
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________ (name of contractor) on behalf of __________________________________(name of public
employer) has registered with, is authorized to use and uses the federal work authorization
program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the
physical performance of services in satisfaction of such contract only with sub-subcontractors
who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit
from any other contracted sub-subcontractor, the undersigned subcontractor must forward,
within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number
Date of Authorization
Name of Subcontractor
Name of Project
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on____________ ____, 20 in city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 .
NOTARY PUBLIC My Commission Expires:
ATTACHMENT D
O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for
a public benefit:
1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute.
Executed in ___________________ (city), __________________(state).
_________________________________ Signature of Applicant
_________________________________
Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____
_________________________
NOTARY PUBLIC My Commission Expires:
ATTACHMENT E
CITY OF TYBEE ISLAND VENDOR INFORMATION
Vendor Name: ________________________________________________________________________
Product or Services Provided: __________________________________________________________
Sales Contact Information
Contact: ___________________________________ Email: ____________________________________
Phone: _____________________________________ Fax: ______________________________________
Address:
_______________________________________________________________________________________
Accounts Receivable Information
Contact: ___________________________________ Email: ____________________________________
Phone: _____________________________________ Fax: ______________________________________
Remittance Address: ___________________________________________________________________
Federal Tax Id #: _______________________________________________________________________
Attach Copy of W-9 and Occupational Tax Certificate
Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property.
Our terms are net 30
ATTACHMENT F CERTIFICATION REGARDING DEBARMENT
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION:
By signing and submitting this bid, the prospective lower tier participant is providing the signed certification set out below. 1. The certification referred to in this paragraph is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Tybee Island may pursue available remedies, including suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the City if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered participant,” “persons,” “lower tier covered transaction,” “principal,” “bid,” and “voluntarily excluded,” as used in this paragraph, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549, 49 CFR part 29.
4. The prospective lower tier participant agrees by submitting this bid that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City.
5. The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. A participant in a covered transaction may rely upon certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this paragraph. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City may pursue available remedies, including suspension and/or debarment.
NAME OF COMPANY: _________________________________________________________ COMPANY TAX ID: ___________________________________________________________
NAME OF AUTHORIZED REPRESENTATIVE: ____________________________________ TITLE OF AUTHORIZED REPRESENTATIVE: _____________________________________
SIGNATURE: _______________________________________ DATE: __________________
ATTACHMENT G DRUG FREE WORKPLACE CERTIFICATION The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code to Georgia Annotated, related to the Drug Free Workplace have been complied with in full. 1.A drug-free workplace will be provided for the employees during the performance of the contract; and; 2.Each sub-contractor under the direction of the Contractor shall secure the following written certification: ________________________________________________________ _____________________________________________(Contractor) certifies to City of Tybee Island that a drug-free workplace will be provided for the employees during the performance of any contract with the City. Pursuant to paragraph (7), of subsection (B) of Code Section 50-24-3. Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession or use of a controlled substance or marijuana during the performance of the contract. _______
SIGNATURE TITLE
_______ COMPANY DATE Subscribed and sworn to before me on this _____ day of _______, 20__ by _____________________ representing him/herself to be ____________________ of the company named herein. __________________________ Notary Public
ATTACHMENT H CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with your bid
NOTE: All of the following items must be submitted with your bid to be considered “responsive”. Remember to follow the Instructions in the ITB Documents. SIGNED ADDENDUMS (IF APPLICABLE) _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ BID BOND _____ EVIDENCE OF CAPABILTY TO SUPPLY PAYMENT AND PERFORMANCE BONDS _____ BID FORM _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID:
A. SIGNATURE SHEET _____
B. CONTRACTOR AFFIDAVIT _____
D. SAVE AFFIDAVIT _____
E. VENDOR INFORMATION _____
F. DEBARMENT CERTIFICATION _____
G. DRUG FREE WORKSPLACE CERTIFICATION _____
H. CHECKLIST _____
__________________________________________
NAME/TILE
__________________________________________ COMPANY NAME
__________________________________________
ADDRESS __________________________________________ CITY/STATE/ZIP
__________________________________________ PHONE NUMBER __________________________________________
EMAIL __________________________________________ SIGNATURE __________________________________________ DATE