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1 1 t h o m p s o E N G I N E E R I N G
E x h i b i t A
S i n g l e P r o j e c t A g r e e m e n t
G e n e r a l T e r m s a n d C o n d i t i o n s
A C K N O W L E D G M E N T O F O R D E R
D A T E : M a r c h 1 1 , 2 0 1 9
O R D E R E D B Y : M r s . A n g e l a H u d s o n
R E : C i t y o f T y b e e I s l a n d W a t e r T o w e r A n a l y s i s P r o p o s a l
C L I E N T : C i t y o f T y b e e I s l a n d
P . O . B o x 2 7 4 9
T y b e e I s l a n d , G A 3 1 3 2 8
D e a r M r s . H u d s o n ,
T h a n k y o u f o r r e q u e s t i n g o u r e n g i n e e r i n g s e r v i c e s f o r t h e s t r u c t u r a l a n a l y s i s o f t h e w a t e r t o w e r o n B u t l e r A v e n u e . I t i s
o u r u n d e r s t a n d i n g t h a t T - M o b i l e w o u l d l i k e t o r e m o v e a n d r e p l a c e s o m e o f t h e i r e x i s t i n g c e l l a n t e n n a s w i t h n e w l a r g e r
o n e s . T h e e x i s t i n g a n d n e w a n t e n n a s a r e / w i l l b e m o u n t e d t o t h e t o p o f t h e B u t l e r A v e n u e W a t e r T o w e r a n d f a s t e n e d t o
t h e e x i s t i n g g u a r d r a i l t h a t r u n s a l o n g t h e p e r i m e t e r o f t h e w a t e r t o w e r . O t h e r c a r r i e r s a l s o h a v e a n t e n n a s m o u n t e d t o t h i s
g u a r d r a i l a s w e l l . B e f o r e a l l o w i n g T - M o b i l e t o r e p l a c e t h e i r e x i s t i n g e q u i p m e n t , t h e C i t y o f T y b e e w o u l d l i k e t o h a v e t h e
w a t e r t o w e r a n d t h e a n t e n n a m o u n t i n g l o c a t i o n s s t r u c t u r a l l y e v a l u a t e d t o d e t e r m i n e i f t h e n e w e q u i p m e n t w i l l c a u s e
s t r u c t u r a l d a m a g e t o t h e w a t e r t o w e r .
S c o p e o f W o r k
O u r s e r v i c e s w i l l c o n s i s t o f t h e f o l l o w i n g :
" S t r u c t u r a l E v a l u a t i o n P h a s e
o P e r f o r m a v i s u a l o b s e r v a t i o n o f t h e a c c e s s i b l e a r e a s o f t h e w a t e r t o w e r t o a s c e r t a i n e x i s t i n g c o n d i t i o n s
a n d e x i s t i n g c o n s t r u c t i o n d e t a i l s .
o P e r f o r m t h e s t r u c t u r a l a n a l y s i s o f t h e f r a m i n g s u p p o r t i n g t h e a n t e n n a s a n d o n t h e w a t e r t o w e r i t s e l f .
o P r e p a r e s t r u c t u r a l r e p o r t o u t l i n i n g o u r f i n d i n g s a n d p r o v i d e a n y r e c o m m e n d e d s t r u c t u r a l u p g r a d e s .
E x c l u s i o n s
I t e m s n o t i n c l u d e d i n t h e s c o p e o f s e r v i c e s a r e a s f o l l o w s :
" S t r u c t u r a l i n s p e c t i o n s o f a n y p o r t i o n s o f t h e w a t e r t o w e r t h a t a r e i n a c c e s s i b l e , b e h i n d f i n i s h e s , o r u n d e r g r o u n d .
" G e o t e c h n i c a l i n v e s t i g a t i o n s o f t h e e x i s t i n g f o u n d a t i o n s .
I N F O R M A T I O N R E Q U I R E D :
T h o m p s o n E n g i n e e r i n g r e q u i r e s t h e f o l l o w i n g i n f o r m a t i o n :
" A c o p y o f t h e w a t e r t o w e r ' s c o n s t r u c t i o n d r a w i n g s . I f t h e s e a r e n o t a v a i l a b l e , T h o m p s o n E n g i n e e r i n g w i l l n o t b e
a b l e t o a n a l y z e t h e w a t e r t o w e r a n d w i l l b e o u r r e c o m m e n d a t i o n s s o l e l y o n o u r v i s u a l o b s e r v a t i o n s .
P a g e 1 o f 6 C i t y o f T y b e e I s l a n d W a t e r T o w e r A n a l y s i s P r o p o s a l
FEE (BASIS):
ENGINEERING
Single Project Agreement
General Terms and Conditions
We will perform these services in accordance with the General Terms and Conditions attached hereto and our fees will be
performed on a lump sum basis.
Structural Evaluation Phase:
Lump Sum $ 4,050.00
We anticipate commencement of our work within fourteen (14) calendar days from receipt of your authorization to
proceed with completion within twenty one (21) calendar days from commencement.
Attached hereto are the standard "General Terms and Conditions: which are to be made part of this agreement. Kindly
return written authorization as provided on page 6. If you need further information or have any questions, please contact
me at 251-490-6755.
Sincerely,
THOMPSON ENGINEERING, INC.
George "Geep" Bockhold, P.E.
Branch Manager Savannah Office
Page 2 of 6 City of Tybee Island Water Tower Analysis Proposal
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thom pson ENGINEERING
Single Project Agreement
General Terms and Conditions
This Agreement is made by and between Thompson Engineering,
Inc. (hereinafter Thompson Engineering) and the undersigned Client
("referred to herein as the "Client"). In consideration of the mutual
covenants to be performed by the parties pursuant to this Agreement,
each party hereby represents warrants and agrees as follows:
1. SCOPE OF WORK
Thompson Engineering shall perform such services as are described
in this contract and as described in Exhibit A (the "Work").
2. INVOICES
The Client shall pay Thompson Engineering for the Work
performed under this Agreement a sum to be calculated as described
on Exhibit A or, if no such description is provided or any portion of
the Work is not specifically provided for in said description, at the
rates shown on Thompson Engineering's standard fee schedules
which are in effect as of the time of execution hereof, or as may be
otherwise specifically described herein. Thompson Engineering will
submit invoices to Client no more than monthly and a final bill upon
completion of the Work. Invoice will show charges for different
personnel and expense classifications. A more detailed separation of
charges and back-up data will be provided at Client's request.
Payment is due upon presentation of invoice and is past due thirty
(30) days from invoice date. Client shall pay a finance charge of one
and one-half percent (1 V2 %) per month, or the maximum rate
allowed by law, on past due accounts.
In the event this agreement is terminated before the completion of all
services, unless Thompson Engineering is responsible for such
termination, Client agrees to release Thompson Engineering from
all liability for services performed. In the event all or any portion of
the services by Thompson Engineering are suspended, abandoned,
or otherwise terminated, Client shall pay Thompson Engineering all
fees and charges for services provided prior to termination. If
Thompson Engineering's services are suspended and restarted,
Thompson Engineering will be entitled to additional compensation
for extra services pursuant to the provisions of paragraph 2 of this
agreement.
Client agrees that if it requests services not specified in the scope of
services described in this agreement, Client will pay for all such
additional services as extra services, in accordance with Thompson
Engineering's usual and customary billing rates. If any staking or
monuments are damaged, removed or destroyed by anyone other than
Thompson Engineering, the entire cost of new staking or
monumentation shall be paid for by Client as extra services in
accordance with section 2.
If Thompson Engineering personnel are called or subpoenaed for
depositions, examinations, or court appearances in any dispute arising
out of any project on which Work was performed, Thompson
Engineering shall be reimbursed on a time and material basis in
accordance with Thompson Engineering's then current, standard
billing rates for such matters, including all out-of-pocket costs
incurred in connection with such matters.
3. RIGHT OF ENTRY
The Client will provide for right of entry of Thompson Engineering
personnel and all necessary equipment, in order to complete the
Work
While Thompson Engineering will take all reasonable precautions
to minimize any damage to Client's property, it is understood by the
Client that in the normal course of Work some damage may occur,
the correction of which shall not be Thompson Engineering's
responsibility.
4. UTILITIES
In the execution of its Work, Thompson Engineering will take all
reasonable precautions to avoid damage or injury to subterranean
structures or utilities. The Client agrees to hold Thompson
Engineering harmless for any damages to subterranean structures or
utilities which are not called to Thompson Engineering's attention
and correctly shown on the plans furnished by the Client.
If field services (i.e. survey, geotechnical) services are included in the
scope of work, Thompson Engineering is not responsible for any
detennination or location of any underground conditions not visible
and obvious by inspection of the premises, including, but not limited
to, soils, geological conditions, physical devices and facilities,
pipelines or buried cables unless specifically included in writing in
this agreement, and shall not be responsible for any liability that may
arise out of the making of or failure to make such determination or
location of any subsurface condition. Client acknowledges that the
services performed pursuant to this agreement are based upon field
and other conditions existing at the time these services were
performed. Client further acknowledges that field and other
conditions may change at any time, and clarification, adjustments,
modifications and other changes may be necessary to reflect changed
field or other conditions. Such clarifications, adjustments,
modifications and other changes, shall be paid for by Client as extra
services in accordance with section 2
5. SAMPLES
Thompson Engineering will retain all samples for thirty (30) days.
Further storage or transfer of samples can be made at Client's
expense upon written request.
6. OWNERSHIP OF DOCUMENTS
All reports, boring logs, field data, field notes, laboratory test data,
calculations, estimates and other documents prepared by Thompson
Engineering, as instruments of service, shall remain the property of
Thompson Engineering. Client agrees that all reports and other
work famished to the Client or his agents, which are not paid for, will
be returned upon demand and will not be used by the Client for any
purpose whatsoever.
Thompson Engineering will retain all pertinent records relating to
the services performed for a period of five (5) years following
submission of the report, during which period the records will be
made available to the Client at all reasonable times.
All documents are for the exclusive use and benefit of the Client
only. Others who use the documents do so at their own peril.
Thompson Engineering consents that its information and reports
Page 3 of 6 City of Tybee Island Water Tower Analysis Proposal
thorn pson
ENGINEERING
Single Project Agreement
General Terms and Conditions
may be furnished to and used by others participating in the financing
and/or development of the project (and for reports involving real
property transactions, other parties of the transaction), but only in the
same manner and extent as if such others were the addressee and the
Client. The terms, conditions, and limitations of liability contained in
the Agreement shall apply to others to whom Client furnishes such
information and reports. No one other than the Client is authorized to
rely, in any way, on any information or reports issued pursuant to this
Agreement. Client further agrees that final plats, specifications,
drawings, reports or other documents are for the exclusive use of
Client and may be used by Client only for the project described in
this agreement. Such final plats, specifications, drawings, reports or
other documents may not be changed or used on a different project
without written consent of Thompson Engineering.
7. DISPUTES
In the event that a dispute should arise relating to the obligations of
the parties under this Agreement, the prevailing party shall be entitled
to recover all reasonable costs incurred in connection with such
dispute, including staff time, court costs, attorney's fees and other
related expenses.
8. PROFESSIONAL RESPONSIBILITY
Thompson Engineering represents that the Work shall be performed
in a manner consistent with that level of care and skill ordinarily
exercised by other professionals under similar circumstances at the
time services are performed. No other representation to the Client,
expressed or implied, and no warranty or guarantee is included or
intended hereunder, or in any work performed under this Agreement.
Client recognizes that subsurface conditions may vary from those
encountered at the location where borings, surveys, or explorations
are made by Thompson Engineering and that the data
interpretations and recommendations of Thompson Engineering's
personnel are based solely on the information available to them.
Thompson Engineering will be responsible for those data
interpretations, and recommendations, but shall not be responsible for
the interpretation by others of the information developed.
9. NOT USED
10. INSURANCE
Thompson Engineering represents and warrants that it and its
agents, staff and consultants employed by it is and are protected by
worker's compensation insurance and that it has such coverage under
public liability and property damage insurance policies which
Thompson Engineering deems to be adequate. Certificates for all
such policies of insurance shall be provided to Client upon request in
writing. Thompson Engineering shall not be responsible for any
loss, damage or liability arising from any acts by Client, its agents,
staff or other consultants employed by Client.
11. NOT USED
12. ASSIGNS
Neither the Client nor Thompson Engineering may delegate, assign
sublet or transfer his duties or interest in this Agreement without the
written consent of the other party.
13. SAMPLING OR TEST LOCATION
Client may be charged additional fees for costs associated with
surveying of the site for the accurate horizontal and vertical locations
of any tests. Field tests or boring locations described in Thompson
Engineering's report or shown on sketches will be based upon
information furnished by others or estimates made in the field by
Thompson Engineering's representatives. Such dimensions, depths
or elevations should be considered as approximations unless
otherwise stated. If the Client specifies a test or boring location,
Thompson Engineering reserves the right to deviate a reasonable
distance from the location specified. Thompson Engineering
reserves the right to terminate its obligation to perform any Work if
site conditions prevent drilling at or near the designated boring
locations and these conditions were not revealed to Thompson
Engineering prior to agreeing to perform the Work. If, in order to
complete the borings to their designated depths, a re -drilling is
necessitated by encountering impenetrable subsurface objects, this
will be charged to Client at the appropriate rates contained in
Thompson Engineering's standard fee schedule.
14. RIGHT TO STOP WORK
Stopping the construction work is an extreme action which should be
taken only by the Client after giving serious consideration to the
effects of such an order. Under no circumstances will Thompson
Engineering take the initiative in issuing this order. Thompson
Engineering will only provide data and recommendations.
15. ROOF CUTS
To obtain accurate information in a roof investigation, roof cuts may
be necessary. It is the responsibility of our Client to make the
appropriate repairs to these roof cuts using materials consistent with
the roofing system and in accordance with any existing material
manufacturer's warranties. A roofing contractor or maintenance
personnel selected by Client should be on the roof to make repairs at
the time the samples are obtained. Thompson Engineering can
make temporary repairs at the time of Thompson Engineering's
inspections, but additional charges may be incurred. Although every
attempt will be made to make these repaired areas water tight,
Thompson Engineering will in no way be responsible for any water
damage to the roofing system, building, or its contents resulting from
Thompson Engineering's temporary repairs.
16. FIELD MONITORING AND TESTING
If the Scope of Work in Exhibit A includes construction field
monitoring and/or testing, Thompson Engineering shall visit the
project site at intervals appropriate to the stage of construction or as
agreed to in writing by the Client and Thompson Engineering, in
order to observe the progress and quality of the work completed by
the contractor. Such visits and observations are not intended to be an
exhaustive check or a detailed inspection of the contractor's work but
rather are to allow Thompson Engineering to become generally
familiar with the work in progress and to determine in general if the
work is proceeding in accordance with the contract documents.
Page 4 of 6 City of Tybee Island Water Tower Analysis Proposal
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thompson ENGINEERING
Single Project Agreement
General Terms and Conditions
Thompson Engineering shall not supervise, direct or have control
over the Client's work nor have any responsibility for the
construction means, methods, techniques, sequences or procedures
selected by the contractor nor for the contractor's safety precautions
or programs in connection with the work. These rights and
responsibilities are solely those of the contractor in accordance with
the contract documents. Thompson Engineering shall not be
responsible for any acts or omissions of the contractor, subcontractor,
and any entity performing any portion of the work, or any agents or
employees of any of them. Thompson Engineering does not
guarantee the performance of the contractor and shall not be
responsible for the contractor's failure to perform its work in
accordance with the contract documents or any applicable laws,
codes, rules or regulations.
17. SAFETY
Should Thompson Engineering provide observations or monitoring
services at the job site during construction, Client agrees that, in
accordance with the generally accepted construction practice, the
contractor will be solely and completely responsible for working
conditions on the job site, including the safety of all persons and
property during the performance of the work, and for compliance
with OSHA regulations. These requirements will apply continuously
and will not be limited to normal working hours. Any monitoring of
the contractor's procedures conducted by Thompson Engineering
does not include review of the adequacy of the contractor's safety
measures in, on, adjacent to, or near the construction site.
18. HAZARDOUS SUBSTANCES
Client agrees to advise Thompson Engineering, prior to beginning
work, of any hazardous substance on or near the site. In the event
that test samples obtained during our work contain substances
hazardous to health, safety or the environment, these samples remain
the property of the Client. Likewise, any equipment contaminated as
a result of the Work which cannot be reasonably decontaminated
shall become the property and responsibility of the Client. Client
agrees to pay transportation costs for samples and equipment and the
fair market value of contaminated equipment.
19. REUSE OF DOCUMENTS AND ELECTRONIC
MEDIA
Any and all documents and electronic media including Drawings,
CADD files and Specifications prepared or furnished by Thompson
Engineering (and Thompson Engineering's independent professional
associates and consultants) pursuant to this Agreement are
instruments of service of the Project and Thompson Engineering shall
Page 5 of 6
retain an ownership and property interest therein whether or not the
Project is completed. Information contained in signed or sealed
drawings should be deemed to be correct and superior to electronic
information. Client may make and retain copies for information and
reference in connection with use and occupancy of the Project by
Client and others; however, such documents are not intended or
represented to be suitable for reuse by Client or others on extensions
of the Project or on any other project. Any reuse without written
authorization or adaptation by Thompson Engineering for the specific
purpose intended will be at Client's sole risk and without liability or
legal exposure to Thompson Engineering, or to Thompson
Engineering's subsidiaries, holding company, independent
professional associates or consultants, and Client shall indemnify and
hold harmless Thompson Engineering and Thompson Engineering's
subsidiaries, holding company, independent professional associates
and consultants from any and all claims (third party or otherwise),
damages, losses and expenses, including attorney's fees, arising out
of or resulting therefrom.
20. NOT USED
21. ENTIRE AGREEMENT
This Agreement represents the entire agreement between Client and
Thompson Engineering and supersedes all prior negotiations,
representations and agreements, either oral or written. No
modification to the terms hereofshall be made unless agreed to in
writing by both parties.
22. SEVERABILITY
In the event any provision, or any portion of any provisions of this
Agreement is held invalid, the other provisions of this Agreement and
the remaining portion of said provision, shall not be affected thereby
and shall continue in full force and effect.
City of Tybee Island Water Tower Analysis Proposal
Thooipsoll Ellgitleeritlg a Thompson, Inc. company
Approved and Authorized by:
General Terms and Conditions
'7"—Here, / Thompson Engineering, Inc.
By:
As its:
Date:
By:
As its: Branch Manager Savannah Office
Date:
--Addresspa So/.27 49 Address: 517 E Congress Street
Savannah, GA 31401
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Individual au t ori tlnd t .mpany responsible for payment of Thompson Engineering, Inc.'s services.
Please return executed copy of these terms and conditions to the attention of:
George "Geep" Bockhold, P.E. / Laura Key
Cell: (251) 490-6755
Office (912) 335-4934
Page 6 of 6 November 2002