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HomeMy Public PortalAbout20140911 Thomas Hutton Fully Executed Contract.pdf50 PARK OF COMMERCE WAY � POST OFFICE: BOX 2727 SAVANNAH, GA 3[402-2727 1 91P.P34Z300 WWW.7HOMAS Ms. Diane Schleicher City of Tybee ls�and 403 Butler Avenue jybee ls;an , GA 31328 Re: City of Tybee Island Historic Bicycle / Pedestrian Greenway Tr& 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/Pedestric-n Greenway Troll improvement Project. Qgnpraj The project generally consists or the development of an 8 -ft wide, csph.clt multi -use rail and expansfonfretrofit cf an existing concrete sidewalk along the north s'de 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 M' provide pedestrion/bicycle connectivity from Battery Park to the exislint q tetrnination of the City of Tybee Island's (the City) designated bicycle path, RV park and public parks. [he project fs funded w;,fh a Transportation Enhancement JE! 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 Mofeland Xtobelfl (MA) to review and approve all TE documents for conformance with. TE and GDOT requirements prior to GDOT approva�. To help ensure the project is within budget, the design plans wfll be developed with a base bid and an add alternate that may be considered for construction depending on the received bids. The base b�d is proposed to include the proposed tra]l route from Byers St, to Battery Pcrk�, approximately 3750 -ft. The add alternoNe will -extend 'he project further to *he we3l along the Marsh F -en railroad bed an additional 2100 -fl. C�onceot Validation Z�cnceot RecIort Phase The first step in the project wile to evaluate the current proposed concept routetscope iimiis to determine if the limits are stilt appropriate and can be constructed within the �eowner's Initials , �� Consultant's Initials CHARLESTON, SC MYRTLE BEACH, SC I WILMINGTON, NC 1 BRUINSWICK, GA Ms. Diane Schleicher City of Tybee island Letter Agreement for Services April 3, 2012 Page 2 project budget. As this project ;s located along a state route, a mandatory Concept Team Meefingis required. We will hold a Concept Team Afte"Ing 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 fietcl review with !he City representclIves will be completed to verify preliminary concept. Additional information abidired during the field eviews will will be prepared. Any changes or alternates to the preliminary concept p�cin 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 cos' estimate will be required as part of the Concept Report subm'flol and therefore, will be prepared arid submWed to MA and GDOT for the proposed trail arid osso6a�ecl improvements. Environmental_,L5 i tudies _peciqL5 Upon GDOT approval of the concept report, we will begin the Catego(ical Exclusion (C process for the project. The special studies required by GDOT to, approval of Ihe CE be completed and submitted for review arid approval. Comments from GDOT will addressed twice per study as part of this scope, additional comments wi'i be handled an additional service. The required special studies and their description are listed belol Air Cuolity Assessment - FH WA and GDOT require on 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 strafing as such wilt be prepared and submitted to MA for review and approval prior to submittai to GDOT and FH WA for approval. Since this is a trail project, the scope does not include any air quality modeling. Should modeling bc required for approval of the air quality assessment, is wilt 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 cssessment stating as such will be pre ' pared and submitted to MA for review and approva! prior to subrnitlo� toD GOT and FHWA foo oppirova', Since this is a trail prciect, the scope does not include any nc'se modeling. Should modeling be required for approval of the noise assessment, it will be handled as or) additional se,vice. Environmental LIST / Hazardous Waste Assessment - it is iot anticipated that any Environmental UST / Hazardous Was;e sites are withinthe project corridor. The CE document Wl be prepared based on this assumption. Should it be determined there are envircnmental UST / hazardous waste sites are within the project corridor the appropriate reports will be hcnd�,ed as an cddit'onal service, History and Archoeology Repof I -- A report investigating the presence at historical or archoe6agical sites and/or artitar-ts is required for the CE document. This report wN be reviewed by FH WA, SHFIC and GDor for upproval, Based on the 7 nformcion contained within the City's request for qualificallons, it appears that there are historical or archaeological sites within this pro'ect's corridor. Upon ��I-- Cowner's WOWS (- —e;—�"'Consultanvs Inn tats Ms. Diane Schleicher City of Tybee Island Letter Agreement for Services April 3, 2012 Page 3 Wetland Delineation and Verification - Ali waters of the state (previously dei'Meated and new) will be delineated and verified by 'he U.S. Army corps of Engineers (JSACE). A jurisdictional determinaon request wili be submitted to USACE for verification. The approved jurisdctional determination w]l be used to cleterm'no any required buffers and/or buffer impacts. if is antic�pated that there will be buffer impacts but that there will not be any wetland;marsh impacts, The cost associated with the Permitfing of the buffer impacts has been included. Threatened & Endangered Species Survey - This document is required for completion of the CE doaflon regarding known occurrences of state and federally protected species, a survey of the project corridor to determine presence and/or absrance of species listed within Chotham 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. Upor 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 wa4er, threatened and endangered species, essential fish habitat, invasive spec��es, etc. as required by GDOT. Th'is repbmitted to for review and approval by MA and GDOT. This section of Tybee ls�ond has known historical. archaeological and ecological resources and at this time there are no anticipated impacts to any such resources, it du(ing !he project any work in -addition to 'hal, which is dcscr;bed in this proposal �s reQU[red, 11, will be handled as an additional service, Datg,base Preciaration 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 approximatefy 5850-f+ feet beginning at Byers St. and heodIng west along 1he road shoulder and the Marsh Hen railroad bed. The survey corridor will include the raiiroad bed and approximately 1,0 beyond the toe of slooe and from the centerline of the rood to a z distance 10' Wo the morsh for the portion of the proposed frail immediately adjacent to the rood. it w1l consist of a topographic and We'land survey along the entire project corridor. The survey of the route wiH be completed using a combination of conventional survey equipment and ".3lobal Positioning System (GPS) technology. All wetlands and watefs of ihe state wiD be locuted based off of Fogs placed in to to demar� such features. Existing property surveys along *he rouie wiH be established using existing right- of-way plons, courthouse records, and monumentation 'ocated in the field during the topographic survey. The topographic survey will include location of buildings, rood, sidewalks, drainage structures and surface appurtenances of underground itilifies (i.e. water. gas, power. fiber optic. cable and telephare) within the proiecf limits Hor�zont(ft W�:er's InItials ConsuRant's InItials Ms. Diane Schleicher City of Tybee island Letter Agreement for Services April 3, 2012 Page 4 and Vertical datum for the survey wiL be the Georgia Stoic Plane Grid, East Zone NAD83 f 1994) and NAVD88, respectively. The base mapping will be provided to the City for revi�ew 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 crise during the survey process, we will notify GDOT and the City of potential right of way needs, At this fime it 'is not anticipated 1hat any easements or right of way will be required for this project and therefore boundary surveys and easement p'at preparation for individual parcels is not included in this scope of work, Survey deliverable will consist of an Autocad base file showing existing rood rights- of-woy and topographic and wetland inforrration, A computerized digital terrain model will be developed using AutoCAD design software. Geotcchnico1_,So;l,S_Qrvey and Pavement Recommendations It is no' anticipated that a Geotechnical report will be required for approval, No cost associated w14h fhis has been included in this proposaL Assistance Durina Biddina 0 The Engineer vv]� assist the City during the bidding process of 'he project. The Engine will prepare the bid form and a project description for use by the Cilly in advertising a bidding the project. The Engineer will attend the pre-bid conference and assist the Ci in answering technical questions related lo *he plans. The Engineer will then review � �_Owner's Initials `-Consultant's InItlals Ms. Diane Schleicher City of Tybee Island Leiter Agreement for Services April 3, 2012 Page 5 bids for the project and provide a recommendation to the City regarding award of the project. C s1ru Iii n �5ervic_e_s Based on the TE agreement it is the local sponsor's responsibility for constructlon 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 9,e project and review the shop drciw�ngs and monthly pay request for the project and recommend approval of these items by the City. These construction ohose 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 spec-Ifications for the project. In order to es�abflsh a budget for the convruction phase serV'ces 1 was assumed the construction time 'or 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 wifl: notlly the owner and additional funds will need to be authofted by tne owner to confinue the construction phase serVces. Once construction has been completed, a final project site visit will be made and a recommendation on, final payment wiV be sent to the City, Record draw'Mgs For the pathway wfii be compiled based on information supplied by the Contractor arid Construction Personnel. No field surveys will be provided as a part of the record drawings but can be cornp�eted as an additional service if requested by the City. The required water quality monitoring to comply with the National Pollutant Discharge Efim':nation System (NFIDES) will be performed by the contractor and wfl� be included in the contractor's bid. We propose that payment for our services wall be as follows: F ere , or rime & Phase Fee Structure ExensuByd Aet Concept Development T'me & Expense - Budget $ 5,600-00 Environmental T;me & Expense - Budget $ 21,0(XM0 Database Preparation Time & Expense - Budget $ 12,700,00 Design Time & Expense - Budget $ 33,300M Bid Assistance Time & Expense - Budget $ 31000-00 Construction Observation Time & Expense - Budget $ 10,900M M1 III Iiiii 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 AIfobelfi representatives. This proposal between The City of Tybee Island (Owner), and Thomas & Hutton Engineering Co. ["Consul�ant" or "Thomas & Hutton"), consisting of the Scope of Services, General Provisions, Engineering Services Rate Sheet, anc this letter with authorized signatures, represents the entire understanding between you and us with respect to the Project. This *greemen] may only be modified in writing if signed by both of us. Wrowner's Initials Consultant's Ian fflols Ms. Diane Schleicher City of 7ybee Isiond Letter Agreerne n! for Services Apri:: 3. 2012 Page 6 It is our understanding that no work will commence until written authorization is provided to us by you for the Project. If the arrangements set forth in these documents arc 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 un it Moy 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 & HU17ON ENG1NERRJfqe,-r_CO3 By jarnes J. C-a-a4ns, P.E, Vice Qresit- / Savannah Regional manager B y Do,ire, . �Kelley, Kelley, Principal / Protect ManaWer -JJC,DDK,Jr./kts Enclosures: General Provisions Consulting Services Rate meet aeowner's In lay s Consultant's initlas GENERAL PROVISIONS to LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS & MUTTON ENGINEERING CC. (CONSULTANT) AND THE CITY OF TYBEE ISLAND (OWNER) HISTORIC BICYCLE/PEDESTRIAN GREENWAY TRAIL IMPROVEMENT PROJECT APRIL 3, 2012 For services rendered. Owner shall pay Consultant as outlined in the Leiter Agreement for Services. Payment for services on the bos;s of '1me & Exporse" shall be pard in accordance with the schedvie of charges attached hereto Project reicted costs for printing, repfoduc^ions, rnoleriols, and lrovel will be billed o5 teimoufsobie expenses Projects will be billed mohlNy of at !he completion or ±he work, whichever comes sooner, wilh, payment due upon ieceiol. Payment shin: be considered overove alter forty-five f45) boys from dcte of invo�ce, with interest !-111c.rged a' a monthly rare at 1.5 percent 9 IS percent annual role)- ConsvIlani reserves the right to suspend work hereundeq or oily other work to be oerfofned by Consultant for Owner or any of its ofikoes under a separate agreement or agreements wit` Consultant in the event of delinquent payment by Owrer to Consultant hereunder or in the event at delinqueW payment by Owner a, its offilioles; to Consuilani under a separale agreement as agreements, For 0:1 purposes hereof, affiliate shall mean (i) in me case of on indiv dual, any relative at any person listed omong the following. (J) cry officer drec!or, trustee, partner. manager. employee or holder of 5 percent a( more of any class of Ine voting securities of or equity inrevesl in Ine Owner, [iii) any corporation, rr-nifed liability company. trust or other entily Corltroiling. convolled by or under common Control w0h the Owner: or (iv; any officer, director. trustee, partner. manager, employee or holder of 5 percent of mare of the auislcnding voling securities of any corporation. oci-inershio, firn0e) kodili!y Comir.=y, tMtot atner eniily controlling. con1fal,ed by, or under common control with the Owner, Afr reports. drawings, specifications, computer foes, field dold, noles and other documents; and instruments pfeporeC Uy ComulicnP os nstrvments of service shall remain the properly of Inc Consui!o,0 The Consullortl shoij retain all common law, statutory, and c1hei reserved rights, inducing. without limiiatior, the copyrights thefelo The Consulloni shall retain Inese "ecords for a aeriod of two ;2) years following their cc.mnlet on during whicri penod rcnef capes mt be made avollabie to the Pro,4eci Owner at reasonable limes ITIMEMM Owner shall make provisions lor ithe Consultant to enter upon Pubic and private ionds as requifea to p(irforrin such work 05 surveys and inspections in deveicinment of the Propel. Moore The Owner shall designate ;n writing one person to act as Owner's Representative will, respect to the work to be performed under this Agreement, This Representative sh04 have complete authority to transmit instructions, receive iraormofion, inlerorel, and aefine Ow,!Of'si poky and decisions, with respect to Ine produce, materials, equipment, eiernerils. and systems pemnenl qo the work covered by this Agreement C. Fees The Owner is responsible for payment of fees associated with the projeCl. Such fees include permit review and oophColon fees, impact fees, and Capacity lees. 7ne Consultant vAll notify the Owner regording the amount of fees and >grninq of payment tc�lz Owner's InRIals c-A� Cons0ant's Infilals I of 2 The professional services performed under this Agreemenr, as defined in the scope shWI be consistent w In sound engineering ro,ocl5ces and shall incotpotoic- federal, state. and local regulofIons or,d standards that are applicable of the time the Co,)sjllonl rendered his services. ConsullicnI will Vrive to perform services under this Agreement in a manner consistent with *,not I�vef of care c.ia skill ordinarily exercised by members of ihe profession currently practicing in the cii-ea under similar conditions- No other fepreser.folion, expressed or,mpl,ed. and no warrants, or guarantee is included or in,ended in ,Ip Agreement, or;n any Teport, cnnlon, document, or olhewise- • 200�y Since the Consultant has no Contfol over the cost of labor. materials. or equipmenl, or over lhe Confraclors methods of overmining, prices, or over corroelit,ve bidding or rnarkei conditions, his opinions of r,r,,bjble construction costs provided for herein ore to be made on the basis at his experience and qval4iccr"ionsi. These opinions rep5eserl Ns best judgment as a design pfofesstorol familiar wilh the consiruclion industry. However, the Cor,501orii cf:,)nol and does no* guarantee that proposals, bids, of The consiruclion cost will not vary from opinions of ptctotle conslTuction costs prepared bynirn. information suppljcd to the ConsOonf or use an the project wif be in AutoCAD 2008 format or later version Trarstation of files or entering data into a compatible fotmot is beyond the scope of the conl=l. CAPD liles generated by the Consullarit will be in accordance w0h ihe CorisuVanl's CADD specifications. C. Limits of ticibIlity Services to be performed by the Cons0lom under this Agreement are intended sole!y for the t0enefil of 'he Owner, Nothing contained netein short confer any rights union of create any duties on the purl of the Consultant toward any person or persons not a party to this AQFeernOnl including, out not limiled to, any contractor, subconlroctot, supplie% or the agents, officers, employees, insurers, or sureties of any of them R1. Awl., R Subcontractors on the project. due to, the Consultont's negligent acts, errors. or orrilsslons, such that the total iggrelatle Ifillilly *t Ihe Cinsvltxxt 4 s*y1i Kwt exceed $50,000 or the Consottant's total fee for serv[ces Is greater. This IlablFty cop may be Increased by mutual consent of t>oth poriles and In exchange Ior oddiflorrial compensation. The CONUItCht S')Cil not be respons,ble for the means, methods, techniques, sequences, or procedures of construction Selected by CoiitraCto,,(sc or the safety precautions and prig to lhe work of . - incident Cunlrocror(sl Consul!ont sria;i not be responsible lor Ithe failure of Conlroclorls) to perform the work in accordance w1h the Contract Doci,)menls GENERAL PROVISIONS To LF "€R AGREEMENT FOR SERVICES BETWEEN THOMAS & HUTTON ENGINEERING CO. (CONSULTANT) AND THE CITY OF TYBEE ISLAND (OWNER) HISTORIC BICYCLE/PEDESTRIAN GREENWAY TRAIL IMPROVEMENT PROJECT APRIL 3,2012 The Consultant sholf -Of be responsible for the acts oe omissions of ony Contractor, or sub-conli,octor, or any of the ConlfoclorfsF, or sub-confrociors' agen's, or employees Cy any offie, persons (except Consultants own enrop'cyees and agents) at the sole or otherwise performing any of the Con!rOctci,(sJ' work. However, nothing crt,if�:iined hwein shall be construed to release Consultant from liability for failure 10 perform properly the duties undertaken by Consultant in the Contract Documents The COnSVIoni Shall not be responsible 'or the acts, orn;sslors, means, methods, or specRfica!ion& at o,ner design professionals involved in the protect. Unless 5peclflcally slated otherwise, the Consultant's work and responsibility under this Contract Terminates of the blutidlirig pad or within flye (5) feel of the building, whichever Is greater, for any proposed building shown on the plans, The Owner/ Arc hlfect/ Contractor is responsible for Compliance with codes, reguialfons, manviliaclorer specliricaflons, and construction methods related to the Wilding structure. In no circumstance Is the Consulfarof responsible for any portion of the building, especially as It relates to moisture or mold C. Applications for Permits and Certificates Requested on Behalf of Owner The Owner stioll indemnify and hold the Consultant from and against any and Of losses, darrages. and expenses ;including attorney fees and delense costs) arts ng from or related to clo,ms by thltd :�crties to cr,,o4enge the issuance of permit's or certificates for the Protect by agencies with jurisdiction in the prem,ses Defense costs sroll include the time and expenses of the Consuf1font's pieri;anne: 'a assist in the defense of the issuance of the permit or certificate E,Iher potty May formoOle [his Agreement by seven (7,' doys w0ten notice in [he event as subs'ohliol failure to perform in accordance with the terms hereof by the one potty through no foul[ of Ihe other porryL the Consultant shall be paid for services performed to the dole of ler-nincifort, including reirtnlpurSernent5 then due. if any work performed cly Me Consullort os abandoned or suspended in whole or on part by the Owner, other Than to., defoull by the Consultant. the Consullort shall be paid for services ip,Oormed nn;,r 'a receipt of a ivrt' ten nonce from ine Owner of such obonclonmeil or suspension Pn on amount equoi to work performed as of 'he date of cibcnoonrinen� or suspension. MEN= Owner ,^?,Pes to allow Consultant to place 0 sign on ine job site during construction Tie Sign w1li indicate that !he Consullontperformed site dlesign Cor.sullow;s je-,pcnsible for the sign insiciliolion and removal. If outhor-lzed by Owner m wriling. Consul'aril sholi 'um;s" or obtain firom Whets, Additioncf Services of ine iolbw,ng types that ore not considered nwmae or customary basic SenerceS i. Revising PTevawsAy accepted sludges, reports, design documents- Or Contract Documents when such tevis,oris are due to -causes laeyord Consultant's conl,d. 2. Furnish the services of special conskAloni tor other Inch 17CMI or struiciurol erigftering des 7,fd in tho scope of lc Owner's InItIals 2 oi� 2 Consultant's InIflals services, special Set vices incuce services such as mechanical or electrical engineering, qeolechnicoE exploration. underwater korvesligolion. laboratory testing, and inspections of samples, materials, and equipment 3 Preparing lo serve or serving as a consuitont or witness for Owner in any 8igation, public hearing. or other legal v ocim.nisrrcWe proceeding involving the project. 4, Defending the issuance of any permit or certificate for .he I project. of- Services for the defense og6rist third party OCIrons opposing or appealing the issuance of any permit or cerlitcole for the Ptorec^ will commence with receiof at nof4icofion of the ocfion 5. Services offer completion of the Corstruci;on Phase. such as inspections cueing any ecuipment, maleficil, as Comtruvrors guarantee period and repoe6ng observed discrepancies under guarantees coifed for in any contract for the project. 6. If requested by Owner and agreed to in -wrtfina, 0 Resideni Project Representative will be furnished and wfli Oct 05 directed by Consultant in order to assist in observing performance of the work of Controclor:sl 'through more ex'ensive on We obsewo4ons of the work 4n progress by the Resident PrciJec' Represeraoirve, ConsuItont shall endeavor to provide further protection for the Owner agomi defects and deficiencies in the Work Of CohtrOCtior(S). However. the oufnishing of such representation will not make Consultont for construction neons, methods. feChnicil secluences. Procedure,, or for safety precautions or programs, or for Confractorfs). Fcoore !a perform [heir work in accordance with the Controcl Documents, This Agreement for Services con oe amended by addenda it agreed to in writing and signed by both porgies. > I S 32 32 A? LL Z5 < < U) Ln 0 LO D L,3 w CD 0 0 D 0 Al CL < f3 CL x < < cc E � "' w K r— on Z-- 0 E c d5 3 .2 co 0- E ?A 0 ca 0 z CD rD mE m 0 0 0 x 1.5 00 8 f m -0 m cli 8L 1-D a) �E 02 2 E' E5 6 2 OU, Q. -5-60 x m IS 0, 0 20 0 c wner's Initials Consultant's Initials > I S 32 32 A? LL Z5 < < U) Ln 0 LO D L,3 w CD 0 0 D 0 Al CL < f3 < < SUPPLENIENT/SPECIAL TERMS,rO AGREEMENT THIS SUPPI,EMENT 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 [)]vision, 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 t necessary requirements of a�l State and Federal law pertaining to the residency of its wor,,,<e the grads are being made available to the City and expressly recogrJz that any treach on its part of the reporting and other requirements under such grant will res in potential Rabilities to the City and the Company will indemnify and hold harmless the City any such damages in addition to all other indemnity cb�igations contained herein or the ter and concliJons attached hereto, I Drug Free Workplace. By accepting this order, the Company certifies that it shall provide a drug free A,�orkplace 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 ten-ninate 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 approlriated 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) mail tW,4,4_rnX.z* to renew 1 -he agreement for the upcoming calendar year. T.wmination 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 CityF 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, Ovvnership of Instruments of Service. The City shall be entitled to full ownership rights of u�e of the plans prepared by Company in connection with the work performed. I Other Provisions. The provisions of the Company's terms and conditions relating to the limitation of its liability are deleted. IN WITNESS WHER]",0F, the parties hereto have executed this Supplement as of the day and year first above written, 'THE CITY OFTYBI'L ISLAND t ff -, -&-, 4---- - Br May:)r Prz� I ek,% J Date,-2,— uncil APPROVED AS TO FORM; Edward N1. Hughes City Attorney COMPANY- THOMAS & HUTTON Q*jKrIFIRMG Co. Date EMi,i/'Fyb�ei'592-Bike'l'rail/Supplement 05.31.12 F1L" H/22781/'rvbee Cont-racts/Thornas & Hution 'Supplement 05,31.12