HomeMy Public PortalAbout20130718SpecialCityCouncilMeeting Table of Contents
000_000_20130718Agenda.pdf
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010_010_Clk_july 18.pdf
010_011_Agenda July 18 2013 FY14 Sewer Main Contract ws Sewer.pdf
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010_012_BRW Agreement for Services 7-17-13 (3).pdf
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010_013_Insurance, License.pdf
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010_014_House Bill.pdf
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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
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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
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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
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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
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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:
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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
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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
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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
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(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
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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
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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
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20130718SpecialCityCouncilMeeting Page 23 of 27 20130717/jrl
, � Bonding Chapter 6: Construction Bondin and Insurance
P
,did You Know That...
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