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HomeMy Public PortalAbout20130718SpecialCityCouncilMeeting Table of Contents 000_000_20130718Agenda.pdf 1 010_010_Clk_july 18.pdf 010_011_Agenda July 18 2013 FY14 Sewer Main Contract ws Sewer.pdf 3 010_012_BRW Agreement for Services 7-17-13 (3).pdf 4 010_013_Insurance, License.pdf 18 010_014_House Bill.pdf 24 020_010_LeViner-Hudson 07.17.13 - scan.pdf AGENDA SPECIAL MEETING OF THE TYBEE ISLAND CITY COUNCIL 2:00PM JULY 18, 2013 Please silence all cell phones during Council Meetings I. Consideration of Bids, Contracts, Agreements and Expenditures 1 To obtain the City Council's approval through a resolution to amend the Water & Sewer Fund FY 2013-14 Operating Budget and Capital Budgets by adding a new capital line item, Sewer Main #3 Replacement for $302,000 and to cover the cost by re-appropriating $130,000 from the Operating Budget to the Capital Budget; and re-appropriate funds for two capital projects covering $175,000 to the new capital line item. 2 To obtain the City Council's approval to award an emergency contract to BRW Construction Group, LLC for $200,000 to repair and replace the sewer force main lines at lift station number 3 in order to ensure the safety of the public's health, property and environment. II. Consideration of Ordinances, Resolutions 1 First Reading, 25-2013 Amendment to Capital Budget FY2014, Water/Sewer III. Adjournment *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 Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.cityoftybee.orq. THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." 41 THE MISSION OF THE CITY OF TYBEE ISLAND "Ls 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." 20130718SpecialCityCouncilMeeting Page 1 of 27 20130717/jrl MAYOR --61V1 ri+ CITY MANAGER Jason Buelterman J; Diane Schleicher + , V CITY COUNCIL, , ' CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern R,�` Janet LeViner Barry Brown I1 Jan Fox , \' `// / CITY ATTORNEY Bill Garbett ‘ r`, � / Edward M.Hughes e3„; Torn Groover t O4 Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: July 18,2013 Item: To obtain the City Council's approval through a resolution to amend the Water& Sewer Fund FY2013-2014 Operating Budget and Capital Budgets by adding a new capital line item, Sewer Main#3 Replacement, for$302,000 and to cover that cost by re-appropriating$130,000 from the Operating Budget to the Capital Budget; and re-appropriate funds for two capital projects costing$175,000 to the new capital line item. Explanation: The city incurred two unexpected sewer spills on June 29 th and July 13`''that require a sewer line replacement for Sewer Main#3 which was not covered under the Water&ewer Department's fiscal year 2014 capital budget. Therefore,the department is requesting to add a capital line iterbudget of$302,000 for a Sewer Main#3 Line Replacement project to replace the sewer line main. In order to cover the cost of the repair,the Water& Sewer Department is requesting to transfer$130,000 from the operating budget's, line item number 505-4310.52.2205, Repair& Maintenance-Infrastructure to the new capital line item; and to eliminate two capital line items totaling$175,000 re- appropriate the money to the new line item as well. The balance of the$175,000 includes eliminating, $100,000 for the WWTP Reuse Pump Station Project, line item no. 505-4310-54-1406 and eliminating$75,000 for a Building Project, line item no. 505-4310-54-1402. Budget Line Item Number(if applicable): _ Paper Work: �X� Attached* Already Distributed To BeRanded Out at Council Meeting(by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912) 4 2-5021/ahudson@cityof tybee.org Comments: Date given to Clerk of Council rSAC" * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866)786-5737 , City of r Ethics Y www.cityoftybee.org �'41 ill' 20130718SpecialCityCouncilMeeting Page 2 of 27 2013 77jrl MAYOR 11 CITY MANAGER Jason Buelterman ak Diane Schleicher CLERK OF COUNCIL CITY COUNCIL Wanda Doyle,Mayor Pro Tern } ,` Janet LeViner Barry Brown • Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Tom Groover r y.0' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: July 18, 2013 Item: To obtain the City Council's approval to award an emergency contract to BRW Construction Group,LLC for $200,000 to repair and replace the sewer force main lines at lift station number 3 in order to ensure the safety of the publics' health,property and environment. Explanation: The city incurred two unexpected sewer spills on June 29th and July 13th that require a sewer line replacement for sewer force main lift station#3. The city had to begin emergency repairs to stop and contain the sewage spill and make efforts to replace the sewer line,immediately; forgoing the city's normal bidding&request for proposal as allowed to do so under the Public Works Construction Law. The Water& Sewer Infrastructure Department is seeking to engage a contract with BRW Construction Group,LLC for$200,000 to repair and replace the sewer force main lines at lift station#3. The city purchased the supplies and materials and the contractor shall supply all of the labor and guarantees the work for 1 year. Budget Line Item Number(if applicable): Sewer Main#3 Replacement Capital Line item in the W&S Fund Paper Work: X Attached* Already Distributed To Be Handed Out at Council Meeting(by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912)472-5021/ahudson@cityof tybee.org Comments: Date given to Clerk of Council * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 try of www.cityoftybee.org + �c$ 20130718SpecialCityCouncilMeeting Page 3 of 27 20130pf Jrl STATE OF GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT FOR SERVICES THIS AGREEMENT FOR services relating to the Sewer Force Main Replacement at Lift Station No. 3, hereinafter referred to as "Agreement", is made and entered into as of the 18th day of July, 2013 (the "Date Hereof"), by and between BRW Construction Group, whose agent and address for purposes of this agreement is Robert Beck, PO Box 1806, Savannah, GA 31402, hereinafter referred to as "the Company," and THE CITY OF TYBEE ISLAND, a municipality, whose address for the purposes of this Agreement is 403 Butler Avenue, P. 0. Box 2749, Tybee Island, Georgia 31328, herein referred to as "the City." WITNESSETH THAT: WHEREAS, the City is a municipal corporation organized under Georgia law; and WHEREAS, the City desires to repair 3,700 linear feet of 10 inch C-900 DR18 PVC pipe due to a sewer force main break. WHEREAS, the Company, in conjunction with other entities identified herein, operating under the laws of the State of Georgia, are engaged in general contracting services for municipal structures and the like; and WHEREAS, the Company and City desire to document the terms and conditions of their Agreement. NOW, THEREFORE, for and consideration of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: ARTICLE 1 BASIC AGREEMENT 1.1 The Company will perform the Scope of Work ("the Work") described in Section 1.4 of this agreement. and will perform all preparatory and clean-up work associated therewith. 1.2 The Company will provide payment and performance bonds in the amount of the total agreement plus ten percent issued by an insurer or surety licensed and authorized in Georgia and provide proof of liability coverage with a minimum liability amount for comprehensive general liability and automobile liability of not less than $2,000,000.00. The Company shall maintain worker's compensation insurance equal to the statutory requirements. The insurance certificates shall name the City of Tybee Island as additional insured. 1.3 The Company and all of its subcontractors will comply with the necessary requirements of all State and Federal law pertaining to the residency of its workers and will further comply with all reporting requirements required of City contractors pursuant to the grant under which proceeds are being made available to the City and expressly recognizes that any breach on its Page 1 of 14 20130718SpecialCityCouncilMeeting Page 4 of 27 20130717/jrl part of the reporting and other requirements under such grant will result in potential liabilities to the City and the Company will indemnify and hold harmless the City for any such damages in addition to all other indemnity obligations contained herein or the terms and conditions attached hereto. 1.4 The Company shall perform work on the Sewer Force Main Replacement including the following components: • Provide labor and equipment for complete installation of 3,700 linear feet of green 10 inch C-900 DR18 PVC pipe from Lift Station #3 to end at sewer manhole. • Remove existing force main. • Replace affected driveways. • Remove/replace asphalt paving. • Restore all landscape. Completion shall mean the Work has passed all final inspection. 1.5 After cleaning up the Work premises, adjacent property, streets, alleys, and other areas or structures in any way connected with the performance of the agreement, the Work as a whole shall be observed by a representative of the City. Any workmanship or materials found not meeting the requirements of the agreement shall be removed by and at the expense of the Company good and satisfactory workmanship or material substituted therefore. All settlement, defects, or damage upon any part of the Work shall be remedied and made good by the Company. 1.6 If the Company fails to complete the Work under this agreement within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work within the specified time, or shall perform the Work unsuitably or shall neglect or refuse to remove material or perform new work, or shall discontinue the prosecution of the Work, or if the Company shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry the Work in an acceptable manner or shall fail to maintain at all times the bonds and insurance herein required, the City shall give notice in writing to the Company and its surety by registered mail of such delays, neglect, or default, specifying the same, and if the Company, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then the City shall, upon written certificates from its Manager of the fact that such delays, neglect, or default of the Company's failure to comply with such notice, shall have full power and authority without violating the agreement, to take the prosecution of the Work out of the hands of the Company, to take and utilize any or all materials and equipment as may be suitable and acceptable and may enter into an agreement for the completion of said agreement according to the terms and provisions thereof, or such other methods as, in its opinion, shall be required for the completion of said agreement in an acceptable manner. If costs and charges incurred by the City are less than the sum which would have been payable under the agreement, if it had been completed by said Company, then said Company shall be entitled to receive the difference. In case such Page 2 of 14 20130718SpecialCityCouncilMeeting Page 5 of 27 20130717/jrl expenses shall exceed the sum which would have been payable under the agreement, then the Company and the surety shall be liable and shall pay to the City the amount of such excess. ARTICLE 2 MATERIAL AND WORKMANSHIP 2.1 All equipment, material, and articles furnished under this agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the Agreement to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Company may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved by the City, is equal to that named in the specifications, unless otherwise specifically provided in this agreement. 2.2 (a) The Company shall obtain the City's approval of the machinery and mechanical and other equipment to be incorporated into the Work. When requesting approval, the Company shall furnish to the City the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery, and mechanical and other equipment. When required by this agreement or by the City, the Company shall also obtain the City's approval of the material or articles which the Company contemplates incorporating into the Work. (b) When requesting approval, the Company shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) When required by the specifications or the City, the Company shall submit appropriately marked samples (and certificates related to them) for approval at the Company's expense, with all shipping charges prepaid. The Company shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Company's name, and the identification of the construction project for which the material or product is intended to be used. (e) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with agreement requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. (f) Approval of a sample shall not constitute a waiver of the City's right to demand full compliance with agreement requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. ARTICLE 3 WARRANTIES 3.1 In addition to any other warranties in this agreement, the Company warrants, except as provided in paragraph 3.9 of this agreement, that work performed under this agreement conforms to the agreement requirements and is free of any defect in equipment, material, or workmanship performed by the Company or any subcontractor or supplier at Page 3 of 14 20130718SpecialCityCouncilMeeting Page 6 of 27 20130717/jrl any tier. This warranty shall continue for a period of two years from the date of final acceptance of the Work. If the City takes possession of any part of the Work before final acceptance, this warranty shall continue for a period of two years from the date that the City takes possession. 3.2 The Company shall remedy, at the Company's expense, any failure to conform, or any defect. In addition, the Company shall remedy, at the Companys expense, any damage to City-owned or controlled real or personal property when the damage is the result of— (1) The Companys failure to conform to agreement requirements; or (2) Any defects of equipment, material, workmanship or design furnished by the Company. 3.3 The Company shall restore any work damaged in fulfilling the terms and conditions of this clause. The Company's warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement. 3.4 The City shall notify the Company, in writing, within a reasonable time after the discovery of any failure, defect or damage. If the Company fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Companys expense. 3.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this agreement, the Company shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed in writing, for the benefit of the City; and, (3) Enforce all warranties for the benefit of the City. 3.6 In the event the Company's warranty under paragraph 3.1 has expired, the City may bring suit at its own expense to enforce a subcontractor's warranty, 3.7 Company shall not be liable for the repair of any defect of material or design furnished by the City or for the repair of any damage(s)that result(s) from any defect in City-furnished material or design. 3.8 Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs 3.1 and 3.3 above relate only to the specific obligation of the Company to correct the Work, and have no relationship to the time within which its obligation to comply with the agreement may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Company's liability with respect to its obligation other than specifically to correct the Work. 3.9 This warranty shall not limit the City's rights with respect to latent defects, gross mistakes or fraud. 3.10 The Company warrants good title to all materials, supplies and equipment incorporated in the Work and agrees to deliver the premises together with all improvements thereon free Page 4 of 14 20130718SpecialCityCouncilMeeting Page 7 of 27 20130717/jrl from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto. ARTICLE 4 COVENANTS AND REPRESENTATIONS 4.1 The Company shall perform professional services in accordance with the Company's Proposal and Terms and Conditions contained in the agreement and contained herein. 4.2 To induce the City to enter into this Agreement, the City shall be entitled to rely upon the representations and certifications made by the Company in the Company's Proposal, without independent investigation and verification, and each such representation or certification shall be deemed to be material to this Agreement. The person negotiating and executing this Agreement on behalf of the Company has the full right, power, and authority to enter into, execute and perform this Agreement in accordance with the terms hereof, and when executed and delivered, this Agreement will constitute a valid and binding obligation of the Company and will be enforceable in accordance with the terms thereof. ARTICLE 5 PAYMENT AND FEES 5.1 The City shall pay the Company the price as provided in this agreement. 5.2 The City shall make progress payments approximately every 30 days as the Work proceeds, on estimates of work accomplished which meets the standards of quality established under the Agreement. 5.3 Before the first progress payment under this agreement, the Company shall furnish, in such detail as requested by the City, a breakdown of the total agreement price showing the amount included therein for each principal category of the Work, which shall substantiate the payment amount requested in order to provide a basis for determining progress payments. The breakdown shall be approved by the City and must be acceptable to the City. If the agreement covers more than one project, the Company shall furnish a separate breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the agreement price. The Company shall prorate its overhead and profit over the construction period of the agreement. 5.4 The Company shall submit periodic estimates and pay applications showing the value of the Work performed during each period based upon the approved breakdown of the agreement price. Such estimates shall be submitted not later than 30 days in advance of the date set for payment and are subject to correction and revision as required. The estimates must be approved by the City. If the agreement covers more than one project, the Company shall furnish a separate progress payment estimate for each. 5.5 Along with each request for progress payments and the required estimates, the Company shall furnish the following certification, or payment shall not be made: Page 5 of 14 20130718SpecialCityCouncilMeeting Page 8 of 27 20130717/jrl General Contractor Certification I hereby certify, to the best of my knowledge and belief, that: The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the agreement; Payments to subcontractors and suppliers have been made from previous payments received under the agreement, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontractor agreements; and, This request for progress payments does not include any amounts which the General Contractor intends to withhold or retain from a subcontractor or supplier. Name: Title: Date: Signature: 5.5 The City shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the agreement; except, that if upon completion of 50 percent of the Work, they determine that the Company's performance and progress are satisfactory, the City may make the remaining payments in full for the Work subsequently completed. If the City subsequently determines that the Company's performance and progress are unsatisfactory, they shall reinstate the ten (10) percent (or other percentage as provided in State law) retainage until such time as the City determines that performance and progress are satisfactory. 5.6 The City may authorize material delivered on the site and preparatory work done to be taken into consideration when computing the progress payments. Material delivered to the Company at locations other than the site may also be taken into consideration if the Company furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the City; (3) the material is insured to cover its full value; and (4) the material will be used to perform this agreement. Before any progress payment which includes delivered material is made, the Company shall furnish such documentation as the City may require to ensure the protection of the City's interest in such materials. The Company shall remain responsible for such stored material notwithstanding the transfer of title to the City. 5.7 All material and work covered by progress payments made shall, at the time of payment become the sole property of the City, but this shall not be construed as (1) relieving the Company from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the City to require the fulfillment of all of the terms of the agreement. In the event the Work of the Company has been damaged by other subcontractors, or persons other than employees of Page 6 of 14 20130718SpecialCityCouncilMeeting Page 9 of 27 20130717/jrl the City in the course of their employment, the Company shall restore such damaged work without cost to the City and to seek redress for its damage only from those who directly caused it. 5.8 The City shall make the final payment due the Company under this agreement after; (1) completion and final acceptance of all work; and (2) presentation of release of all claims against the City arising by virtue of this agreement, other than claims, in stated amounts, that the Company has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Company's claim to amounts payable under this agreement has been assigned. 5.9 Prior to making any payment, the City may require the Company to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Company, if the City determines such evidence is necessary to substantiate claimed costs. 5.10 The City shall not; (1) determine or adjust any claims for payment or disputes arising there under between the Company and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the City to withhold moneys from the Company shall in no way impair the obligations of any surety or sureties under any bonds furnished under this agreement. ARTICLE 6 CONTINGENCIES 6.1 The obligations of the City are subject to the following conditions: (1) The ability of the City to carry out the terms of this Agreement in accordance with the laws and Constitution of the State of Georgia. (2) The timely performance by the Company of each and every covenant, agreement, and obligation imposed upon the Company in this Agreement. (3) The truth and accuracy as of the Date Hereof of each and every representation made by the Company. (4) This Agreement is expressly made subject to other laws affecting its subject matter. In the event of any conflict between such laws and this Agreement, such laws shall take precedence. 6.2 The obligations of the Company are subject to the following conditions: (1)The timely performance by the City of each and every covenant, agreement, and obligation imposed upon the City in this Agreement. ARTICLE 7 NOTICES 7.1 All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and given or served either in person or by United States Mail, postpaid, registered or certified with Return Receipt Requested, showing the name of the recipient and the date of delivery. Notices shall be addressed to the party or parties identified Page 7 of 14 20130718SpecialCityCouncilMeeting Page 10 of 27 20130717/jrl and at the address as set forth in the introductory paragraph of this Agreement, and the date upon which such notice is delivered shall be deemed the effective date thereof. Either party may, from time to time, by five (5) days' prior written notice to the other party, specify a different agent or address to which notices can be delivered. Rejection or other refusal to accept a notice or inability to deliver a notice because of a changed agent or address of which no notice was given shall constitute receipt of the notice on the date when personal service is attempted or the date of the postmark, if mailed. ARTICLE 8 RIGHTS CUMULATIVE 8.1 All rights, powers, and privileges conferred hereunder shall be cumulative and not restrictive of those given by law. ARTICLE 9 NON-WAIVER 9.1 No failure of the City to exercise any right or power given to the City under this agreement, or to insist upon strict compliance by the Company with the provisions of this agreement, and no custom or practice of the City or the Company at variance with the terms and conditions of this Agreement, shall constitute a waiver of the City's right to demand exact and strict compliance with the terms and conditions of this Agreement. ARTICLE 10 CONTINUITY 10.1 Each of the provisions of this agreement shall be binding upon and inure to the benefit and detriment of the Company and the City and the heirs, devisees, legatees, legal representatives, successors and assigns of the Company and the City. ARTICLE 11 CONTRACT MODIFICATIONS 11.1 (a) Only the City has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. (b) The City may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the City's address). All other contract modifications shall be in the form of supplemental agreements signed by the Company and the City. (c) When a proposed modification requires the approval of the Tybee Island City Council prior to its issuance (e.g., a change order that exceeds the City's approved threshold), such modification shall not be effective until the required approval is given by the Tybee Island City Council. ARTICLE 12 CHANGE ORDERS 12.1 (a) The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); and Page 8 of 14 20130718SpecialCityCouncilMeeting Page 11 of 27 20130717/jrl (2) In the method or manner of performance of the work. (b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the City that causes a change shall be treated as a change order under this clause; provided, that the Company gives the City written notice stating (1) the date, circumstances and source of the order and (2) that the Company regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the City shall be treated as a change under this clause or entitle the Company to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Company's cost of, or the time required for the performance of any part of the work under this Agreement, whether or not changed by any such order, the City shall make an equitable adjustment and modify the Agreement in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Company gives written notice as required. In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Company in attempting to comply with the defective specifications. (e) The Company must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the City may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Company for an equitable adjustment shall be allowed if asserted after final payment under this contract. (f) The Company's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details: (1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to drawings or plans resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs when size of change warrants revision; (2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs; and (3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. The Company shall not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Company or subcontractor performing the work. (g) The Company shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. (h) The City shall act on proposals within 30 days after their receipt, or notify the Company of the date when such action will be taken. (i) Failure to reach an agreement on any proposal shall notl excuse the Company from proceeding with the contract as changed. Page 9 of 14 20130718SpecialCityCouncilMeeting Page 12 of 27 20130717/jrl (j) Except in an emergency endangering life or property, no change shall be made by the Company without a prior order from the City. ARTICLE 13 TIME OF THE ESSENCE 13.1 All time limits stated herein are of the essence of this Agreement. ARTICLE 14 CAPTIONS 14.1 The brief headings or titles preceding each provision hereof are for purposes of identification and convenience only and should be completely disregarded in construing this Agreement. ARTICLE 15 THIRD PARTY BENEFICIARIES/OBLIGORS 15.1 Although this agreement is a personal retention of the Company as an independent Company, the Company and the City agree that there will be other third party obligors subcontractors performing work on the project. The Company, however, agrees to be responsible for ensuring that all agreement terms are complied with, regardless of the entity performing the actual work. ARTICLE 16 DRUG FREE WORK PLACE 16.1 It is the policy of the City of Tybee Island that its work place shall be a drug free workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.S. 701et.seq.. ARTICLE 17 APPLICABLE LAWS 17.1 The Company agrees that it and all of its subcontractors will comply with all applicable legal requirements whether imposed by Local, State or Federal law and, further, will comply with State "SAVE" and "E-Verify" requirements. ARTICLE 18 JURISDICTION AND VENUE 18.1 The Company agrees that any civil action, arbitration or mediation of any dispute arising under this Agreement shall take place only in Tybee Island or Savannah, Chatham County, Georgia. City and Company further agree and stipulate to the jurisdiction and venue of the United States District Court for the Southern District of Georgia, Savannah Division, the Superior Court of Chatham County or the State Court of Chatham County over them and over any civil action arising under this Agreement. Page 10 of 14 20130718SpecialCityCouncilMeeting Page 13 of 27 20130717/jrl IN WITNESS WHEREOF, the Company and the City have caused these presents to be duly signed, sealed and delivered on the day, month, and year first above written. BRW CONSTRUCTION GROUP CITY OF TYBEE ISLAND By: Name: Robert Beck Jason Buelterman, Mayor Title: Date Date Jan Leviner, Clerk of Council Date APPROVED AS TO FORM: Edward M. Hughes, City Attorney Date Page 11 of 14 20130718SpecialCityCouncilMeeting Page 14 of 27 20130717/jrl City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) "Purchase Order"or"Order"means this purchase order. (b) "Buyer" means The City of Tybee Island. (c) "Seller"or"Vendor"means the party furnishing the supplies under this order. (d) "Supplies" means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) "Loss" means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys'fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer's act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar in both the characteristics of the community and actual scope of work implemented. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer's delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller's failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer's option be rejected and returned to Seller at Seller's expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller's sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller's responsibility until goods have been delivered to Buyer's designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer's delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Page 12 of 14 20130718SpecialCityCouncilMeeting Page 15 of 27 20130717/jrl WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller's expense, or (2) reject and return such supplies or other deliverable items at Seller's expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, without Buyer's written consent. Nothing in this order shall be seen as prohibiting Seller's purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer's sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller's reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased under this order, (4) any intended use of products or materials provided by Seller; (5) any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller's work hereunder involves Page 13 of 14 20130718SpecialCityCouncilMeeting Page 16 of 27 20130717/jrl operations by Seller's agents, subcontractors, suppliers or employees on Buyer's premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller's agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee's liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bid documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding, any other provision hereof, this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. Page 14 of 14 20130718SpecialCityCouncilMeeting Page 17 of 27 20130717/jrl Jul, 17, 2013 4:23PMi®nt1;BR�d CONSTRUCTION 62BRWCON No, 9187 P. 1/2 ' ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 6ATS(hYYDD(YYYV} 7M 0/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:if the certificate holder le an ADDITIONAL INSURED,the pollcy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER C BB&T Insurance Services,Inc. pHAPAE �x tae Ha.gm:952 353-3980 Arc No): 000636661 2280 East Victory Drive EMAIL PO Box 3597 •ettpsESS: Savannah,GA 31414 INSURERISIAFFORDING COVCRAQS HAIL e INSURER i FCC$Commercial Insurance Cornpa 33472 ursrJ> ° INSURER e:Travelers Property Casualty CO 25674 BRW Construction Group LLC INSURER C: PO Box 1806 — Savannah,GA 31402 INSURER°' . INSURER E *MURES F: — "COVERAGES---'----- .-CER71ffCAT RDIMBER: �— REVISION NUMBER: ------ THIS IS TO CERTIFY THAT THE POLICIES OF INSuPANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSuEO 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 SEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADD U8R p�. int iu3I VNd I POLICY HUMBER os_au y j'] f►ryhfti mmoa. LIMITS A GENERAL.LSAB1UTY CPP00077065 11/07/2012 11/07/2013 EACH OCCURRENCE $1.000,000 colitiERCLAL GENERA/LIABILITY Ma Q loelLeenee) $100,000 . CLAJMS-MADE �.E�Ded:1,000 �.OCCUR MED DIP(Any one Forum) $5,000 PERSONAL,&ADV INJURY $1,000,000 ■ GENERAL ABLREGATE $2,000,000 GENT.AGGREGATE LfMITAPPL1E$P @ft PRODUCT$-COMP/OP AGG $2,000,000 POLICY 12 PA.; El ux $ A AUTOMOBILE LwaIUrY CA00096685 11107/2072 71707/201 COMBIHEO sINOCELMIT lea pe ddenn $1,000,000 ANY'um BODILY INJURY(Per person) $ ALL OWNED SCHEDuLED AUTOS AUTOS SOOIL,Y INJURY(Per acddeni) $ HIREDALfrOS x NO TED PROPS DA DE $ $ A 11 UMBRELLALIAD 1" P OCCUR UMB00058415 1110712012 11/07/2013 EACHOCCURR E 55,000.000 EXCESS DAB I ct s MnDE Ac,GR>=r„a`rs 65,000.000 _ DED 1 X RE(001DN$10,000 $ A WORKERS COMPENSATION 010WC11A67470 1110712012 11/0712013 X [Y T co"a s aU rill- AND EMPLOYE RIr LIABILITY Y f N AIYYPROPRIET ERAp[ECUTfVE EA_ $1,000,000 r]FFICERAAEMB CLSlDEOa � NfA (Meodelery In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 M]� AeaCnBa er DnedRIPTION dFend OPE- -EONS eefawr ______ . E.I—aMSeASE-POUCY LIMIT:$1,000,000 _ B inland Marine QT6606740M181TIL 11/07/2012 11/07/2013 Leased/Rented limit Equipment$425,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,AddlIenal Reu'er in Schedule.If male epees M reoWrad) Ce ___ ... . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AIrrHORIZED REPRESENTATIVE �6,,' aarLl�sS I .. .A, 119BB•2010 ACORD CORPORATION.All rights reserved. ACORU 26(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #.510782542/M9460421 LSD 20130718SpecialCityCouncilMeeting Page 18 of 27 20130717/jrl WI --4-IZ - V C 0 C •-■ .- • ...0 , .1.1 g 2 0 - .,... c -0 c 0 1 E >, '-=°. ..= _u 7-) , ,.c 410 .--, c. v .... ._ i• - Z. 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Local governments are prohibited from dividing projects into smaller components to avoid compliance with the Public Works Construction Law? D. A Comparison: Union City Purchasing Ordinance and Public Works Construction Law It is interesting to note that with very few minor exceptions,the current Union City Purchasing Ordinance Imposes the same requirements as O.C.G.A. Title 36"Local Government". A minor difference in requirements is included in the table below: Georgia Public Works Legal Requirement City of Union City Construction Law Purchasing Ordinance O.C.G.A. Title 36 2 times with the first advertisement appearing 4 Advertising Period 2 consecutive weeks weeks prior to the bid opening date and the second ad following 2 weeks after the first advertisement El Although the Purchasing Ordinance requires a public notice in the form of a legal advertisement for two (2) consecutive weeks, the decision to advertise over a longer period of time is determined on a project-by-project Jill" basis. Most construction bids and requests for proposals for professional services are advertised for at least four(4)weeks or more. E. Sales and Use Tax Liability Effective July 1, 2005, House Bill 306 modified O.C.G.A. Title 48, Sales and Use Tax Liability, imposing additional responsibilities and liabilities on local governments that use their tax exempt status to procure materials and/or equipment on behalf of private contractors hired by local governments for capital projects. Overview of House Bill 306 O.C.G.A. Title 48, Chapter 8, Section 63 imposes a use tax liability of 7%, equivalent to the sales tax liability, on private contractors when materials and equipment are purchased by a public agency using their tax exempt status for a public works construction contract. An audit of private contractors indicated that the State was suffering loses in revenues as a result of this arrangement between public agencies and private contractors. Contractors did not appear to be aware of their liability for payment of a use tax on the materials or equipment provided by local governments. The State responded with the adoption of House Bill 306. This amendment to Title 48-8-63, subsection g, makes the local government responsible for providing private contractors with written advance notification of their use tax liability when the local government purchases materials/equipment and then provides such materials to the private contractor for a local government capital project according to the bill,this notice must include the cost of the materials or equipment purchased and the amount of the use tax owed. This change makes the public agency, i.e. Union City, liable for payment of the use tax to the State if the agency (Union City)fails to provide advance written notification to the contractor. Chapter 6:Construction,Bonding&Insurance 85 20130718SpecialCityCouncilMeeting Page 24 of 27 20130717/jrl A 1 (A-.....--4,.: Chapter 6: Construction, Bonding and Insurance It is important to note that Title 48 provides an exemption from these provisions when the materials and equipment purchased by a public agency are for the construction of a utility installed for general distribution purposes such as water and sewerage lines. This change in state law does not affect Union City's ability to purchase materials and/or equipment for construction projects when Union City performs the installation or construction. Union City Sales&Use Tax Liability(a.C.G.A.48-8-63) Finance Department Recommendation: -�= The Finance Department recommends that Union City departments limit the purchase of materials and/or / equipment for capital projects that are subsequently turned over to a private contractor for construction or installation. Because of the 7% use tax liability imposed on the private contractor, Union City's procurement of tax- exempt materials will not result in any cost savings. Should it become necessary to purchase materials and/or equipment based on the needs of a particular project, Purchasing will work with the department to provide the required advance written notice to the contractor, including the cost of the material and the amount of use tax due and payable to the State. 6.4: Bonds and Insurance 6.4.1 General To protect the interest of City of Union City some form of security may be imposed as part of procurement. The form of security, when it is required and when vendors are released from the requirement is determined by the contract. Securities covered in Chapter 6 include bid bonds, payment and performance bonds, and alternatives to bonds such as certified checks,cash escrows, letters of credit,and certificates of insurance. A. Policy [Purchasing Ordinance Section 5.426: Deposits; bid bonds] i The purchasing division administrator shall be authorized to require a bid bond or deposit, payable to City of Union City, for contracts up to $99,999.00 from vendors bidding on any goods or services when, and in such amounts, as in his or her judgment the nature of the goods or services to be purchased would warrant such bond or deposit or whenever such bond or deposit is required under state law. Notice of a bond or deposit shall be included in the public notice and bidding specifications. Contracts over$100,000.00 shall require a bid bond or deposit. Such bond or deposit shall not exceed 100 percent of the bid amount. B. Definition of Terms 1. Bid bonds -- an insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid, the bidder will furnish bonds as required, and if the contract is awarded to the bonded (insured) bidder, the bidder will accept the contract as bid or else the surety will pay a specific amount. Chapter 6:Construction,Bonding&Insurance 86 20130718SpecialCityCouncilMeeting Page 25 of 27 20130717/jrl ORDINANCE NO. 25-2013 AMENDMENT TO ANNUAL CAPITAL BUDGET ORDINANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the City of Tybee Island has previously adopted an annual capital budget by ordinance dated June 26, 2013; and WHEREAS, certain necessary revisions are required as a result of a capital improvement required within the water and sewer department and water sewer fund; and WHEREAS, the purpose of this ordinance is to provide documentation of the need to amend the capital budget ordinance so as to reflect the required transfer of funds in order to accomplish the urgent need for replacement of sanitary sewer lines; and WHEREAS,the budget has previously been introduced. NOW, THEREFORE, be it resolved, and it is hereby resolved by the Mayor and Council of the City of Tybee Island, Georgia, in open meeting assembled that the budget amendment attached hereto is hereby adopted and made a part hereof. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL EMH/Tybee/Ordinances12013/25-2013—amendment capitol budget ordinance 07.17.13 20130718SpecialCityCouncilMeeting Page 26 of 27 20130717/jrl RESOLUTION BE IT RESOLVED BY THE MAY AND COUNCIL OF THE CITY OF TYBEE ISLAND: WHEREAS,the City of Tybee Island, Georgia, has experienced an emergency situation with respect to deteriorating water/sewer lines; and WHEREAS, immediate repairs are necessary such that a meeting of the City Council was called for the special purpose of transferring of funds and the consideration of a contract and/or the authorization of the work as a capital item; and WHEREAS, this matter is urgent and an emergency in that failures in the sewer distribution system could not only expose the City to potential fines from environmental agencies, but could have health and safety implications which could result in an imminent danger to the public health or safety, as well as the loss of an essential government service. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting duly assembled, that the Mayor is authorized to execute any appropriate documents in connection with accomplishing the public works construction project in order to replace designated deteriorating sewer lines at the earliest possible time at a cost not to exceed $ . It is recognized that this is an urgent and emergency situation posing an imminent danger to the public health and safety and, therefore, the City is proceeding in accordance with O.C.G.A. §36-91-22(e) and the minutes shall reflect the existence of the emergency situation. IT IS SO RESOLVED, this the day of , 2013. CITY OF TYBEE ISLAND, GEORGIA By: Jason Buelterman, Mayor ATTEST: By: Clerk of Council Tybee/Resolutions/201 3/sewer lines 20130718SpecialCityCouncilMeeting Page 27 of 27 20130717/jrl