HomeMy Public PortalAbout120_032_Engineering_Thomas Hutton Fully Executed Contract THOMAS & HUTTON
50 PARK OF COMMERCE WAY I POST OFFICE BOX 2727
SAVANNAH, GA 31402-2727 912.234.5300
W WW.THO MASAN DH UTTO N.COM
April 3. 2012
Ms. Diane Schleicher
City of Tybee Island
403 Butler Avenue
Tybee Island, GA 31328
•
Re: City of Tybee Island
Historic Bicycle/ Pedestrian Greenway
Trail Improvement Project
GDOT PI #0010582
Letter Agreement for Services
Dear Ms. Schleicher:
Thank you for requesting our engineering services for City of Tybee Island Historic
Bicycle/Pedestrian Greenway Trail Improvement Project.
We understand that the project consists of the following:
General
The project generally consists of the development of an 8-ft wide, asphalt multi-use trail
and expansion/retrofit of an existing concrete sidewalk along the north side of the US
Hwy 80 Corridor on Tybee Island. The project begins at Byers St. and heads west
approximately 5850-ft. The majority of the proposed trail is to be located on the historic
Marsh Hen railroad bed. The proposed trail will provide pedestrian/bicycle connectivity
from Battery Park to the existing termination of the City of Tybee Island's (the City)
designated bicycle path, RV park and public parks.
The project is funded with a Transportation Enhancement (TE) Grant and City matching
funds: therefore, the project shall be designed, permitted and constructed in
accordance with the requirements set forth by the TE Grant and by Georgia Department
of Transportation (GDOT) standard specifications. Currently GDOT has contracted
Moreland Altobelli (MA) to review and approve all TE documents for conformance with
TE and GDOT requirements prior to GDOT approval.
To help ensure the project is within budget, the design plans will be developed with a
base bid and an add alternate that may be considered for construction depending on
the received bids. The base bid is proposed to include the proposed trail route from
Byers St. to Battery Park, approximately 3750-ft. The add alternative will extend the
project further to the west along the Marsh Hen railroad bed an additional 2100-ft.
Concept Validation/ Concept Report Phase
The first step in the project will be to evaluate the current proposed concept route/scope
limits to determine if the limits are still appropriate and can be constructed within the
Owner's Initials
Consultant's Initials
CHARLESTON, SC I MYRTLE BEACH, SC I WILMINGTON, NC I BRUNSWICK, GA
Ms. Diane Schleicher
City of Tybee island
Letter Agreement for Services
April 3, 2012
Page 2
project budget. As this project is located along a state route, a mandatory Concept
Team Meeting is required. We will hold a Concept Team Meeting with City, GDOT and
MA representatives to review the preliminary project concept and determine any special
requirements or changes that may need to be considered. Once the preliminary
concept is developed, a field review with the City representatives will be completed to
verify preliminary concept. Additional information obtained during the field reviews will
be reviewed with the City and based on comments a final updated conceptual drawing
will be prepared. Any changes or alternates to the preliminary concept plan derived
from the field review will be addressed and reflected within the Concept Report
documents and exhibits that will be prepared and submitted to MA and GDOT. A
conceptual cost estimate will be required as part of the Concept Report submittal and
therefore, will be prepared and submitted to MA and GDOT for the proposed trail and
associated improvements.
Environmental/Special Studies
Upon GDOT approval of the concept report,we will begin the Categorical Exclusion {CE)
process for the project. The special studies required by GDOT for approval of the CE will
be completed and submitted for review and approval. Comments from GDOT will be
addressed twice per study as part of this scope. additional comments will be handled as
an additional service. The required special studies and their description are listed below:
• Air Quality Assessment - FHWA and GDOT require an air quality evaluation for
completion of the CE document. Based on the proposed improvements an air
quality assessment indicating no impacts is anticipated for this project. The
document stating as such will be prepared and submitted to MA for review and
approval prior to submittal to GDOT and FHWA for approval. Since this is a trail
project, the scope does not include any air quality modeling. Should modeling
be required for approval of the air quality assessment, it will be handled as an
additional service.
• Noise Assessment - GDOT requires a noise assessment for completion of the CE
document. Based on the proposed improvements, it is anticipated that there will
be no adverse impacts due to this project. A noise impact assessment stating cis
such will be prepared and submitted to MA for review and approval prior to
submittal to GDOT and FHWA for approval. Since this is a trail project, the scope
does not include any noise modeling. Should modeling be required for approval
of the noise assessment, it will be handled as an additional service.
• Environmental UST/ Hazardous Waste Assessment - It is not anticipated that any
Environmental UST 1 Hazardous Waste sites are within the project corridor. The CE
document will be prepared based on this assumption. Should it be determined
there are environmental UST / hazardous waste sites are within the project
corridor the appropriate reports will be handled as an additional service.
• History and Archaeology Report-A report investigating the presence of historical
or archaeological sites and/or artifacts is required for the CE document. This
report will be reviewed by FHWA, SHPO and GDOT for approval. Based on the
information contained within the City's request for qualifications, it appears that
there are historical or archaeological sites within this project's corridor. Upon
owner's Initials
C -"/"Consultant's Initials
Ms. Diane Schleicher
City of Tybee Island
Letter Agreement for Services
April 3, 2012
Page 3
completion of the archival research, the completed Section 106 worksheet will be
submitted to MA for review and approval prior to submittal to GDOT, SHP® and
FHWA for approval. If field reconnaissance and/or a full archaeology findings
report in accordance with a Phase I survey will be required for the approval of
the history and archaeology reports it will be completed as an additional service.
• Wetland Delineation and Verification - All waters of the state (previously
delineated and new) will be delineated and verified by the U.S. Army corps of
Engineers {USAGE). A jurisdictional determination request will be submitted to
USACE for verification. The approved jurisdictional determination will be used to
determine any required buffers and/or buffer impacts. It is anticipated that there
will be buffer impacts but that there will not be any wetland/marsh impacts. The
cost associated with the permitting of the buffer impacts has been included.
• Threatened & Endangered Species Survey - This document is required for
completion of the CE document and shall include the review of information
regarding known occurrences of state and federally protected species, a survey
of the project corridor to determine presence and/or absence of species listed
within Chatham County and preparation of the necessary report for submittal to
the reviewing agencies.
• Ecology Report Preparation -This document is required for completion of the CE
document. Upon completion of all necessary field work, an ecology report will be
prepared in accordance with the GDOT Environmental Procedures Manual. The
report will include a description of jurisdictional water, threatened and
endangered species, essential fish habitat, invasive species, etc. as required by
GDOT. This report will be submitted to for review and approval by MA and GDOT.
This section of Tybee Island has known historical, archaeological and ecological
resources and at this time there are no anticipated impacts to any such resources. If
during the project any work in addition to that which is described in this proposal is
required, it will be handled as an additional service.
Database Preparation
Based on the indicated project corridor. Thomas & Hutton will perform survey services
along the proposed route of the pathway.The length of the survey will be approximately
5850-ft feet beginning at Byers St. and heading west along the road shoulder and the
Marsh Hen railroad bed. The survey corridor will include the railroad bed and
approximately 10' beyond the toe of slope and from the centerline of the road to a
distance 10' into the marsh for the portion of the proposed trail immediately adjacent to
the road. It will consist of a topographic and wetland survey along the entire project
corridor. The survey of the route will be completed using a combination of conventional
survey equipment and Global Positioning System (GPS) technology. All wetlands and
waters of the state will be located based off of flags placed in the field to demark such
features. Existing property surveys along the route will be established using existing right-
of-way plans, courthouse records, and monumentation located in the field during the
topographic survey. The topographic survey will include location of buildings, road,
sidewalks, drainage structures and surface appurtenances of underground utilities (i.e.
water, gas, power, fiber optic, cable and telephone) within the project limits. Horizontal
O ner's Initials
"� Consultant's Initials
Ms. Diane Schleicher
City of Tybee Island
Letter Agreement for Services
April 3, 2012
Page 4
and Vertical datum for the survey will be the Georgia State Plane Grid, East Zone NAD83
(1994) and NAVD88, respectively. The base mapping will be provided to the City for
review and comment once the work has been completed. While at this time it is our
understanding that the City or GDOT owns all the property located within the project
corridor, should areas of concern arise during the survey process, we will notify GDOT
and the City of potential right of way needs. At this time it is not anticipated that any
easements or right of way will be required for this project and therefore boundary surveys
and easement plat preparation for individual parcels is not included in this scope of
work. Survey deliverable will consist of on Autocad base file showing existing road rights-
of-way and topographic and wetland information. A computerized digital terrain model
will be developed using AutoCAD design software.
Geotechnical Soil Survey and Pavement Recommendations
It is not anticipated that a Geotechnical report will be required for approval. No cost
associated with this has been included in this proposal.
Design
Based on the approved Concept Report, recommendations set forth in the
environmental green sheet and database, the project will be designed as directed by
the City using AASI-ITO guidelines and GDOT design standards for trails and pathways. It
is anticipated that the trail will be constructed of asphalt for the new location and
concrete for the retrofitting of the existing concrete sidewalk. The plans are anticipated
to consist of grading, drainage, signing, marking, erosion control, profiles, cross sections,
structures (as defined herein) and details as coordinated with the City. They will be set
up to include a base bid from Byers St. to Battery Park (approx. 3750-ft) and an add
alternate to extend to the west an additional 2100-ft along the Marsh Hen railroad bed.
The construction drawings will be presented to the City and GDOT for review and
comment at the preliminary and final levels respectively. This project will be completed
in a single phase and one set of construction plans will be prepared for the project. An
engineer's opinions of cost will be provided with each submittal. Comments will be
addressed once for each of the submittals. Any comments addressed beyond this will
be billed as an additional service. Utilities along the route will be contacted and their
location and interferences will be coordinated as they are identified. We will coordinate
with Georgia Power for their participation in the design and funding of the heavier duty
asphalt section paralleling the existing power lines. Design for relocation of existing
utilities is not anticipated and therefore is not a part of the scope for this project. The
technical specifications for the project shall be the current GDOT standard specifications
and any required special provisions. Lighting and landscaping services are not
anticipated at this time and therefore are not included in this scope. Assistance in
preparing the appropriate utility coordination letters. ADA letters, Property Agreements
and Right of Way Certifications to meet the guidelines for the TE grant will be completed
during the design phase. This scope includes two meetings with the City during the
design process, once during preliminary plan phase and once during final plan phase.
Assistance During Bidding
The Engineer will assist the City during the bidding process of the project. The Engineer
will prepare the bid form and a project description for use by the City in advertising and
bidding the project. The Engineer will attend the pre-bid conference and assist the City
in answering technical questions related to the plans. The Engineer will then review the
Y Owner's Initials
( 72 Consultant's Initials
Ms. Diane Schleicher
City of Tybee Island
Letter Agreement for Services
April 3, 2012
Page 5
bids for the project and provide a recommendation to the City regarding award of the
project.
Construction Services
Based on the TE agreement it is the local sponsor's responsibility for construction
observation and monitoring. Once the project has been awarded,we will assist the City
during the construction phase of the project. We will attend the pre-construction
conference for the project and review the shop drawings and monthly pay request for
the project and recommend approval of these items by the City. These construction
phase services are not resident construction phase services. The Engineer will make
periodic site visits during the course of the construction to determine if the construction is
progressing in a manner consistent with the plans and specifications for the project. In
order to establish a budget for the construction phase services it was assumed the
construction time for the project would be approximately 12 weeks and that the project
field representative would spend on average 3 hours per week on the job site. If more
time is needed, the Engineer will notify the owner and additional funds will need to be
authorized by the owner to continue the construction phase services. Once construction
has been completed, a final project site visit will be made and a recommendation on
final payment will be sent to the City. Record drawings for the pathway will be compiled
based on information supplied by the Contractor and Construction Personnel. No field
surveys will be provided as a part of the record drawings but can be completed as an
additional service if requested by the City.
The required water quality monitoring to comply with the National Pollutant Discharge
Elimination System (NPDES) will be performed by the contractor and will be included in
the contractor's bid.
We propose that payment for our services will be as follows:
Fee or Time&
Phase Fee Structure Expense Budget
Concept Development Time & Expense--Budget $ 5.600.00
Environmental Time & Expense-Budget $ 21,000.00
Database Preparation Time& Expense-Budget $ 12,700.00
Design Time& Expense-Budget $ 33,300.00
Bid Assistance Time& Expense-Budget $ 3,000.00
Construction Observation Time& Expense- Budget $ 10,900.00
The above fee arrangements are on the basis of prompt payment of our invoices and
the orderly and continuous progress of the Project through construction.
We anticipate commencement of our work within 10 calendar days from receipt of your
authorization to proceed with completion within the agreed upon time frame established with
the City of Tybee Island,Thomas & Hutton,GDOT and Moreland Altobelli representatives.
This proposal between The City of Tybee Island (Owner), and Thomas & Hutton
Engineering Co. ("Consultant" or "Thomas & Hutton"), consisting of the Scope of Services,
General Provisions, Engineering Services Rate Sheet, and this letter with authorized signatures,
represents the entire understanding between you and us with respect to the Project. This
agreement may only be modified in writing if signed by both of us.
LtA wner's Initials
Consultant's Initials
Ms. Diane Schleicher
City of Tybee Island
Letter Agreement for Services
April 3, 2012
Page 6
Thomas& Hutton will begin work on this project upon receipt of an executed contract.
It is our understanding that no work will commence until written authorization is provided
to us by you for the Project.
It the arrangements set forth in these documents are acceptable to you,please sign and
initial the enclosed documents in the spaces provided below and return to us. This proposal will
be open for acceptance until May 3,2012,unless changed by us in writing.
We appreciate the opportunity to prepare this proposal and look forward to working with
you on the project.
The parties agree and acknowledge that any of the parties hereto may execute this
agreement by electronic signature, and the other party may rely upon such electronic signature
as an original record of signature.
Very truly yours.
THOMAS& HU TON ENGINE O.
By
James J.polins, P.E.
Vice Presi eft/Savannah Regional Manager
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By t ,� rr1 Al
Doyle D. Kelley. Jr., '.E. ''
Principal / Project Manor,-r
JJC.DDK,Jr./kts
Enclosures: General Provisions
Consulting Services Rate Sheet
ACCEPTED: 914--k-e-- I g / ,2012
B A ■ I�.�i
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_,,,feeir TITLE
1.kLaOwner's Initials
("I-7,C- Consultant's Initials
GENERAL PROVISIONS TO LETTER AGREEMENT FOR SERVICES
BETWEEN THOMAS b HUTTON ENGINEERING Co.(CONSULTANT)AND
THE CITY OF TYBEE ISLAND(OWNER)
HISTORIC BICYCLE/PEDESTRIAN GREEN WAY TRAIL IMPROVEMENT PROJECT APRIL 3,2012
PAYMENT FOR SERVICES CONSULTANT'S RESPONSIBILITIES
For services rendered.Owner shall pay Consultant as outlined in the The professional services performed under this Agreement, as
Letter Agreement for Services, deleted on the scope, shall be consistent with souna engineering
practices and shall incorporate federal,stale.and local regulations
Payment for services on the basis of'Time&Expense"shall be paid and standards that are applicable at the time the Consultant
in accordance with the schedule of charges attached hereto. rendered his services,
Project related costs for printing. reproductions, materials, and Consultant wit strive to perform services under this Agreement in a
travel will be billed as reimbursable expenses. manner consistent wrth shot level of care and skill ordinarily
exercised by members of the profession currently practicing in the
Projects will be billed monthly or al the completion of the work, area under similar conditions. No other representation, expressed
whichever comes sooner, with payment due upon receipt. or impled,and no warranty or guarantee is included or intended In
Payment shalt be considered overdue after forty-five(45)days from the Agreement,or in any report,opinion.document,or otherwise.
date of invoice, with interest charged al a monthly rote of 1.5
percent(18 percent annual rate). MISCELLANEOUS
Consultant reserves the right to Suspend work hereunder or any other A. Opinions of Probable Costs
work to be performed by Consultanl for Owner or any of its affiliates
under a separate agreement or agreements with Consultant in the Since the Consultant has no control over the cost of labor,
event of delinquent payment by Owner to Consultant hereunder or in materials, or equipment, or over the Contractor's methods of
the event of delinquent payment by Owner or its affiliates to determining prices, or over competitive bidding or market
Consultant under a separate agreement or agreements. For all conditions, his opinions of probable construction costs
purposes hereof,affiliate shgll mean(i(in the core of on individual,any provided for herein ore to be made on the basis of his
relative of any person listed among the following. (ii( any officer, experience and qualifications, These opinions represent his
dkector.trustee,partner,manager.employee or holder of 5 percent or best judgment as a design professional familiar with the
more of any class of the voting securities of or equity interest in the construction industry.
Owner;(iii(any corporation,partnership.Emited liability company,trust
or other entity controlling.controlled by Or under common control with
the Owner; or (iv( any officer, director, trustee, partner, manager,
employee or holder of 5 percent or more of the outstanding voting However,the Consultant cannot and does not guarantee that
securities of any corporation. pannership, Elmiled Falafly company. proposals. bids, or the construction cost will na} vary From
trust or other entity controlling,controlled by.or under common control opinions of probable construction costs prepared by him.
with the Owner.
B, CADD Files
OWNERSHIP OF INSTRUMENTS OF SfiRVrCE information supplied to the Consultant for use on the project
Al!reports.drawings,specifications.computer files,field data.notes will be in AutoCAD 200e format or later version. Translation of
and other documents and instruments prepared by Consultonl as files or entering data into a compatible format is beyond the
instruments of service shall remain the properly of the Cansuuant. scope of the contract. CADD hies generated by the
The Consultant shaii retain all common law, statutory. and other Consultant will be in accordance with the Consultant's CADD
reserved rights, including,without limitation,the copyrights thereto. specifications.
The Consultant shall retain These records for a period of two 121
years following their completion during which period paper Copies C. emits of Liability
will be mode available to the Project Owner at reasonable limes.
Services to be performed by the Consultant under this
OWNER'S RESPONSIBILITIES Agreement ore intended solely for the benefit of the Owner.
Nothing Contained herein shall confer any rights upon or
A. Access creole any duties on the cart of the Consultant toward any
person or persons not a party to this Agreement including,but
Owner shall make provisions for the Consultant to enter upon not limited to, any contractor, subcontractor, supplier,or the
public and private lands as required Iv perform such work as agents,officers,employees.insurers.or sureties of any of them.
surveys and inspections in development of the Project.
The Owner agrees to limit the Consultant's and Rs employees'
B. Owner's Representative liability to the Owner and to oil construction Contractors and
Subcontractors on the project, due to the Consultant's
The Owner shall designate to writing one person !o act as negligent acts, errors. or omissions. such that the total
Owners Representative with respect to the work to be aggregate liability at the Consultant to those named shaft not
performed under this Agreement. This Representative shalt exceed 550,000 n the ar the described tpnt's total fee for services
have complete authority to transmit instructions, receive rendered on the project describ In this contract,whichever
information, interpret, and define Owner's policy and consent greater. This liability cop may be ianeased by mutual
decisions. with respect to the product, materials,equipment, consent of both parties and in exchange for additional
elements, and systems pertinent to the work covered by this compensation.
Agreement.
D. Acts of Others
C. Fees The Consultant shall not be responsible for the means,
methods, techniques, sequences. or procedures of
The Owner is responsible for payment of fees associated with construction selected by Cantroclor(s) or the safety
the project. Such fees include permit review and application precoulions and programs incident to the work of
fees, Impact fees, and capacity lees. The Consultant will Contractor(s). Consultant shall not be responsible for the
notify the Owner regoxding the amount of fees and timing of failure of Contractor{s} to perform the work in accordance
payment. with the Contract Documents,
1i4III" 'wner's Initials
I of 2
' E2 Consultant's Initials
GENERAL PROVISIONS TO LETTER AGREEMENT FOR SERVICES
BETWEEN THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND
THE CITY OF TYKE ISLAND(OWNER)
HISTORIC BICYCLE/PEDESTRIAN GREENWAY TRAIL IMPROVEMENT PROJECT APRIL 3,2012
The Consultant shall not be responsible for the acts or services. Special services include services such as
omissions ol any Contractor,Or tub-contraclor,or any ol the mechanical or electrical engineering, geafechnicel
Contractor(sl', or sub-contractors' agents, or employees or exploration.underwater invesligotion,laboratory testing.
any other persons (except Consultant's own employees and and inspections of samples.materials,and equipment.
agents) 01 the site or otherwise performing any of the
CantrOctor(sJ'work. However.nothing contained herein shall 3. Preparing la serve or Serving as a consultant or witness
be construed to release Consultant from liability for failure 10 for Owner in any titigatlon,public hearing.Or other legal
perform properly the duties undertaken by Consultors' in the or administrative proceeding involvrng the project.
Can tract Documents.
4, Defending the issuance of any permit or certificate for
The Consultant shall not be responsible for the acts.Omissions. the project. Services for the defense against third party
means. methods, or specifications of ofner design actions opposing or appealing the issuance of any
professionals involved in the project. Unless specifically stated permit or certificate for the Project will commence with
otherwise, the Consultant's work and responsibility under this receipt of notification at the action.
Contract terminates at the building pad or within Eve(5)feet of
the building,whichever is greater,for any proposed building 5. Services offer completion of the Construction Phase.
shown on the plans. The Owner/Architect/Contractor is such as inspections during any equipment, material, or
responsible for compliance with codes, regulations, construction guarantee period and reporting observed
manufacturer specifications, and construction methods discrepancies under guarantees called for in any
related to the building structure. In no circumstance Is the contract for the project.
Consultant responsible for any portion of the building,
especially as II relates to moisture or mold. 6. II requested by Owner and agreed to in writing, a
Resident Project Representative will be furnished and will
E. Applications for Permits and Certificates Requested 4n Behalf Oct as directed by Consultant in order to assist in
observing performance of the work of Contractor(s)
of Owner Through more extensive on-site observations of the work
The Owner shall indemnify and hold the Consultant harmless in progress by the Resident Project Representative.
from and against any and all judgments. losses, damages, Cansultonl shall endeavor a provide eicier des in protection
for the Owner against detects and deficiencies in the
and expenses (including attorney fees and defense costs) work of Contractor(s). However, the furnishing ol such
arising from or related to claims by third parties to challenge represenfafiOn will not make Consuttonf responsible for
the issuance of permits or certificates for the Project by construction means, methods. techniques, sequences.
agencies with jurisdiction in the premises Defense casts shall procedures,or for safely precautions Or programs,or for
include the time and expenses of the Consultant's personnel Contractor(s), failure lo perform their work in
la assist in the delense of the issuance of the permit or accordance with the Contract Documents.
certificate.
F. Termination J. Amendment
This Agreement far Services con be amended by addenda it
Either party may terminate this Agreement by seven(7) doys agreed to in writing and signed by both parties.
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the one party through
no fault of the other party. The Consultant shot be paid for
services performed to the date of termination, including
reimbursements then due.
G. Abandoned or Suspended Work
if any work performed by the Consultant is abandoned or
suspended in whole or in port by the Owner, other than for
default by the Consultant. the Cansullont shall be paid for
services performed prior to receipt of a written notice from the
Owner of such abandonment or suspension in on amount
equal to work performed as of the dote at abandonment or
suspension.
N. Signage
Owner agrees to allow Consultant to place a sign on the jab
sire during construction. The sign will indicate that the
Consultant performed site design. Cansultonl is responsible for
the sign installation and removal. •
I. Additional Services of Consultant
IT authorized by Owner in writing. Consultant shall furnish or
obtain from others, Additional Services of the following types
that ore not considered normal or customary Basic Services.
1. Revising previously accepted studies. reports. design
documents.or Contract Documents when such revisions
are due to causes beyond Consultants canlrot.
2. Furnish the services of special consultant for other than
he CM or siructtlfQt engineering cieiined in Me scope of
Owner's Initials
2 of 2
E� Consultant's Initlals
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Owner's Initials
,/,
Cam✓ 7C. Consultant's Initials
SUPPLEMENT/SPECIAL TERMS TO AGREEMENT
THIS SUPPLEMENT is made and entered into this day of ,2012
and it is expressly agreed between the City of Tybee Island, Georgia(hereinafter"City")and
Thomas& Hutton Engineering(hereinafter"Company") that the following special provisions
control over any conflicting provisions in the original agreement:
Jurisdiction and Venue. 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 actions arising under the agreement.
Immigration Law. 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 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 condhions attached hereto.
Drug Free Workplace. By accepting this order, the Company certifies that it shall
provide a drug free workplace for its employees in accordance with the laws of the State of
Georgia.
Term of Agreement. Notwithstanding any other provision hereof or of any other
document related to the agreement, the 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. Subject thereto,
the agreement will renew for each calendar year until the project is completed unless, ninety(90)
days prior to the end of a calendar year, the City gives notice to the Company of its intention not
to renew the agreement for the upcoming calendar year.
Termination for Convenience. The City may, at any time,terminate this agreement for
its convenience and without cause. Upon receipt of notice from the City of such termination for
the City's convenience,the Company shall: (1) cease operations as directed by the City in the
notice; (2)take actions necessary or that the City may direct for the protection and preservation
of the work; and (3) except for the work directed to be performed prior to the effective date of
termination stated in the notice,terminate all existing contracts and purchase orders and enter
into no further contracts and purchase orders. In the event of termination for the City's
convenience, the Company shall be entitled to receive payment for all work executed.
Ownership of Instruments of Service. The City shall be entitled to full ownership and
rights of use of the plans prepared by Company in connection with,the work performed.
Other Provisions. The provisions of the Company's terms and conditions relating to the
limitation of its liability are deleted.
IN WITNESS WHEREOF, the parties hereto have executed this Supplement as of the
day and year first above written.
THE CITY OF TYBEE ISLAND COMPANY:
THOMAS & HUTTON E " •i ‘G
CO.
(if-)4641-04—
By: Mayor Pro I e
Date: �l7-'" Date: 3 l it
ATTEST: ATTEST:
erk of Council
APPROVED AS TO FORM:
Edward M. Hughes ! 4
City Attorney
EMH/Tybee1592-Bike Trail/Supplement 05.31.12
EMH122781/Tybee Contracts/Thomas&Hutton/Supplement 05.31 12