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.
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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