Okaloosa County BOCC — May 17, 2016 — TO4HMMMeigsDrive0001 — reading text

Phone #: (___) Address Fax #: (___) City, State Zip Code Email: PARTY RESPONSIBLE FOR PAYMENT (If different than Client): Name Phone #: (___) Address Fax #: (___) City, State Zip Code Email: CLIENT’S NAME: AUTHORIZED BY: (Please Print or Type) Title Date Signature: (Must be signed by a Principal or Officer of the Company) Larry M. Jacobs & Associates, Inc. ▼ 328 E Gadsden St. ▼ Pensacola, FL 32501 ▼ 850-434-0846 ▼ Fax 850-433-7027▼ www.lmj-a.com Figure #2 TERMS AND CONDITIONS Larry M. Jacobs & Associates, Inc. (LMJ) its officers, stockholders, and employees, hereinafter referred to as the Geotechnical Engineer of Record (GER), shall perform the services outlined in this agreement for the stated fee agreement. Access To Site and Hidden Utilities Unless otherwise stated, the GER will have access to the site for activities necessary for the performance of the services. The GER will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. The GER shall not be responsible for damage to hidden utilities. It is the Clients’ responsibility to provide the GER with the locations of said hidden utilities. Fee The total fee shall be understood to be an estimate, based on an agreed upon Scope of Services, and shall not be exceeded without approval of the Client. Indemnification The Client shall indemnify and hold harmless the GER and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorneys fees) arising out of or resulting from the performance of the services, provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act of omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the GER) or anyone for whose acts any of them may be liable. Hidden Conditions A geotechnical condition is hidden if it is not encountered in the planned geotechnical investigation which incorporates currently accepted standards of Geotechnical Engineering. If the GER has reason to believe that such a condition may exist, the client shall authorize and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the client fails to authorize such investigation or correction after due notification, or (2) the GER has no reason to believe that such a condition exists, the client is responsible for all risks associated with this condition, and the GER shall not be responsible for the existing condition or any resulting damages to persons or property. The GER shall also not be responsible for the release or aggravation of any hazardous materials encountered by the geotechnical investigation. Risk Allocations In recognition of the relative risks, rewards and benefits of the project to both the Client and the GER, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, the GER’s total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000, the amount of the GER’s fee (whichever is greater) or other amount agreed upon when added under special conditions. Such causes, include, but are not limited to the GER’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination of Services This agreement may be terminated upon 10 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination, the Client shall pay the GER for all services, rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership Documents All documents produced by the GER under this agreement shall remain the property of the GER and may not be used by this Client for any other endeavor without the written consent of the GER. Applicable Law Unless otherwise specified, the laws of the principal place of business of the GER shall govern this agreement. Mediation In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and the GER agree that all disputes between them arising out of or relating to this agreement shall be submitted to non- binding mediation unless the parties mutually agree otherwise. Page 2 December 22, 2015 Heath Jenkins PE Hatch Mott McDonald 5111 N. 12th Avenue Pensacola, Florida 32504 Re: Road Improvements Meigs Drive, Okaloosa County. WSI Reference #2015-592 Dear Mr. Jenkins, As requested, the following is our proposed scope of services and estimated costs necessary to secure the required wetland resource permits for the proposed road improvements project located in Bay County, Florida. This proposal includes a review of furnished project information, presents our proposed scope of services, and contains deliverables and fee information. SCOPE OF SERVICES Activities remaining are basically focused on the preparation of Joint Application for Works in the Waters of Florida and agency negotiations, as described above. It is anticipated that the project will qualify for “minimal impacts project” guidelines as described below. If impacts exceed the .50 acre threshold, regulatory interactions are increased and time frames from obtaining authorization are compounded. Additionally, the Project is located near the range of the Panama City crayfish TASK 1 – APPLICATION PREPARATION AND AGENCY NEGOTIATIONS Wetland Sciences, Inc. will prepare and submit to appropriate regulatory agencies necessary applications for both State and Federal wetland resource permits. The following is a brief summary of our proposed action plan: State of Florida The activity should qualify under the General Permit to Counties and Municipalities for paving, or maintaining an existing County or Municipally owned and maintained roads, 62-330.448 Florida Administrative Code. To ensure coverage under this general permit impacts to jurisdictional wetlands cannot exceed one half acre. Wetland Sciences, Inc. will prepare a notice of intent to use the noticed general permit by submitting and completing Form 62-346.900(2), “Notice of Intent to Conduct a Noticed General Permit in Northwest Florida”. Pursuing a noticed general permit would save the county time since the State must verify coverage by a noticed general permit within 30-days after receipt of a complete application and permit fees as verification by noticed general permit only requires a $250 fee. If for some reason the activity does not qualify for a noticed general permit then we would pursue an individual permit. This process would take additional time (DEP is required to issue individual permits within 90-days after receipt of a complete application) and permit fees (individual permit requires $710 permit 1829 Bainbridge Ave. ● Pensacola, Florida 32507 ● Telephone: (850) 453-4700 ● Facsimile: (850) 453-1010  fee). Our fees to process an individual application would increase due to permit review complications. Federal The activity should qualify under the Nationwide Permit #14 Program. This program authorizes activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g. roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. Both the State noticed general permit and Federal nationwide permit program authorize the discharge of up to ½ acre of non-tidal regulated wetlands. Impacts greater than ½ acre will require an individual permit. The exact form of authorization will be determined during the design, and impact quantification process, but preliminary guidance suggests impacts can be maintained below ½ acre of impacts. ESTIMATED FEES The estimated costs to complete the services outlined above are presented in the following table. Meeting Field Reporting Total Billing Professional Personnel Hours Hours Hours Hours Salary Overhead Profit Rate Total Sr. Scientist 4 8 20 32 $40.00 120.00% 10.00% $96.80 $3,097.60 Total 4 8 20 32 Fees $3,097.60 Markup Expenses Number Rate Cost Percent Cost Total Mileage 100 $0.52 $52.00 0.00% $52.00 $52.00 Permit fees 1 $250.00 $250.00 0.00% $250.00 $250.00 Total Expenses $302.00 Total this task: $3,399.60 We are looking forward to working with you on this project. If you have questions regarding this proposal, please do not hesitate to call. Sincerely, WETLAND SCIENCES, INC. Craig D. Martin Sr. Scientist 3308 Gulf Beach Hwy. ● Pensacola, Florida 32507 ● Telephone: (850) 453-4700 ● craig@wetlandsciences.com