mr. neil fravel, p.e. public works director 9 harrison avenue

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November 22, 2016 Mr. Neil Fravel, P.E. Public Works Director City of Panama City 9 Harrison Avenue Panama City, FL 32402 RE: Agreement for Professional Services West Beach Drive Roadway Improvement Project Dear Mr. Fravel: GGI, LLC dba GENESIS is pleased to submit our proposal to provide surveying, planning, and engineering services for the referenced project, more specifically described as follows: Site Location City: Panama City County: Bay State: Florida Zip Code: 32402 Latitude: 30.1547 Longitude: -85.6633GENE Absent a fully executed form of contract to the contrary, once signed by you or your authorized representative, this form of Agreement for Professional Services (“the Agreement”) shall, for all purposes, constitute a binding contract upon the City of Panama City (CLIENT) and GENESIS. In addition, once signed by you or your authorized representative, this Agreement shall serve as the Notice to Proceed with the work identified herein. The abbreviated project description, scope of services, CLIENT’S responsibilities, schedule, compensation and contract conditions are as follows: I. ABBREVIATED PROJECT DESCRIPTION The West Beach Drive Roadway Improvement Project includes the design of roadway, drainage and utility improvements of West Beach Drive from 6 th Street to 4 th Street, and one block west to the Marina parcel in Panama City. Services include survey, geotechnical investigation, roadway design, drainage design, utility design and coordination, signing and pavement markings, maintenance of traffic and project cost estimation. II. SCOPE OF SERVICES Task 1. Preliminary Engineering 1.1 Topographic Survey Project is Located in Section 8, Township 4 South, Range 14 West. Corridor along West Beach Drive will be building face to building face or to 25’ beyond the right of way limits where buildings do not exist. Finished Floor elevations will be provided for all buildings that front on West Beach Drive adjacent to the right of way.

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Page 1: Mr. Neil Fravel, P.E. Public Works Director 9 Harrison Avenue

November 22, 2016 Mr. Neil Fravel, P.E. Public Works Director City of Panama City 9 Harrison Avenue Panama City, FL 32402 RE: Agreement for Professional Services

West Beach Drive Roadway Improvement Project Dear Mr. Fravel: GGI, LLC dba GENESIS is pleased to submit our proposal to provide surveying, planning, and engineering services for the referenced project, more specifically described as follows: Site Location City: Panama City County: Bay State: Florida Zip Code: 32402 Latitude: 30.1547 Longitude: -85.6633GENE Absent a fully executed form of contract to the contrary, once signed by you or your authorized representative, this form of Agreement for Professional Services (“the Agreement”) shall, for all purposes, constitute a binding contract upon the City of Panama City (CLIENT) and GENESIS. In addition, once signed by you or your authorized representative, this Agreement shall serve as the Notice to Proceed with the work identified herein. The abbreviated project description, scope of services, CLIENT’S responsibilities, schedule, compensation and contract conditions are as follows: I. ABBREVIATED PROJECT DESCRIPTION The West Beach Drive Roadway Improvement Project includes the design of roadway, drainage and utility improvements of West Beach Drive from 6th Street to 4th Street, and one block west to the Marina parcel in Panama City. Services include survey, geotechnical investigation, roadway design, drainage design, utility design and coordination, signing and pavement markings, maintenance of traffic and project cost estimation. II. SCOPE OF SERVICES

Task 1. Preliminary Engineering

1.1 Topographic Survey

• Project is Located in Section 8, Township 4 South, Range 14 West. • Corridor along West Beach Drive will be building face to building face or to 25’ beyond the right of

way limits where buildings do not exist. Finished Floor elevations will be provided for all buildings that front on West Beach Drive adjacent to the right of way.

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• A complete survey of the 6th Street intersection will be completed extending 100’ north of the intersection and to 25’ beyond the right of way lines. The intersection survey of West Beach Drive with Mercer Avenue will extend 100’ north and south of the intersection.

• The corridor also extends along West 4th Street to connect to the Panama City Marina sidewalk. In addition, the West 4th Street survey will extend 100’ north of the intersection.

• Establish Horizontal Control in State Plane Coordinates (Florida North) using GPS\RTK Techniques along with Conventional Traversing. Mark along roadway at 1000 foot intervals for Primary Control. Secondary Control will be set as needed to accomplish task for Boundaries and Topographic data gathering.

• Establish Vertical Control in NAVD 88 Datum using closed level circuit. Set 4 Benchmarks along the route and mark in field with correct elevation for each. Also show Benchmarks on Final Drawings.

• References will not be set, but all data will be tied to State Plane Coordinates. • Provide Full DTM of the corridor to include location of all improvements, ADA Ramps and

obstructions. Include buildings, ornamental fencing, signs, lighting and roadway, and parking area. • Locate Utilities as marked in the field by local utility company representatives and SSOCOF. • Provide detail of structures for Drainage and Sewer within the corridor and for downstream

connections only. Use GIS for upstream. Included will be Size, Type, Inverts, and Condition. • All Title work to be provided by the City. • Provide Field Review to ensure accuracy and completeness. • Provide QA/QC continuous through field and office work flows and prior to final delivery. • Provide weekly project and data reports.

1.2 Conceptual Plans

Based on the completed Topographic Survey, GENESIS will prepare Conceptual Plans addressing the physical constraints along the corridor. The Conceptual Plan will identify a proposed typical section for the roadway and sidewalk improvements, identify conceptual placement of drainage inlets, show existing utilities within the project limits, and show existing and proposed cross sections along the roadway.

1.3 Conceptual Opinion of Probable Cost Provide a Conceptual Opinion of Probable Cost for the proposed improvements developed for the Conceptual Plans. Quantities will be estimated from the conceptual designs, and prices will be generated from the FDOT Unit Price averages for the area of the project. A more detailed opinion of cost will be developed for the final construction plans.

1.4 Field Reviews

GENESIS anticipates two (2) project field reviews with the production staff during the conceptual plans development. The staff will evaluate the survey data collected and focus on areas that present design challenges to the proposed improvements; such as, driveway connections, utility conflicts, pedestrian connections, etc.

Task 2. Roadway Design 2.1 Geotechnical Investigation (NOVA)

The proposed scope of services for NOVA Engineering and Environmental (NOVA) is designed to evaluate a select portion of the proposed roadway improvements along the existing West Beach Drive alignment from 6th Street to Harrison Avenue to assess the subsurface conditions as they pertain to the presence of organic materials, loose or otherwise unsuitable soils, and groundwater. NOVA anticipates that pavement cores and subsequent boring data will be sufficient to perform the required roadway borings. All drilling,

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sampling and testing on this project will be conducted in accordance with ASTM procedures or other applicable standards and practices.

Proposed Field Exploration Field services necessary to perform the geotechnical services consist of the following:

• Performing seven (7) pavement cores, with 5-foot hand auger borings to be performed subsequent to the coring. The cores will be located on approximate 350-foot to 500-foot centers between core locations, with some variance to place core locations in specific areas where poor or questionable pavement conditions are observed along the alignment. The core locations will be patched with quick-setting grout or cold-patch asphalt upon completion of each boring.

• Soil samples for the auger borings will be grab samples obtained from the auger cutting bucket.

• Upon completion of the borings, the depth to groundwater will be measured. Soil cuttings from the drilling process will be used for backfilling of the boreholes and cold patch asphalt materials will be utilized to repair the pavement cores.

• Obtaining digital photographs of the existing pavement area present within select portions of the

existing roadway alignment, to be included in the final report as supporting documentation of pavement conditions that will be discussed in the body of the report.

• Measuring thicknesses of both the asphaltic concrete and underlying base materials.

• Coordinate and provide MOT personnel and equipment to provide temporary lane closures for

work performed in existing roadway areas. Laboratory Testing

NOVA’s proposed laboratory testing program will include visual classification of the soil samples collected during the drilling process in accordance with the AASHTO classification system. Laboratory testing will include limited classification tests (i.e., grain-size analyses, natural moisture content tests, organic content tests, Atterberg limits tests, etc.) of representative soils. At this time NOVA recommends the following laboratory testing program:

Laboratory Test Procedure Approximate Quantity of Tests Mechanical Grain Size Analysis 4 Natural Moisture Content 4 Organic Content 4

Evaluation and Report

Upon completion of the field exploration, NOVA will evaluate the data obtained and prepare a written report(s) for the site summarizing the findings, along with our conclusions and recommendations. NOVA will keep the CLIENT informed of the progress and findings throughout the course of the exploration. If poor or unanticipated subsurface conditions are encountered, NOVA will contact the CLIENT to develop a revised scope for our services prior to proceeding. A Professional Engineer registered in the State of Florida will prepare the report. The written report(s) will include the following:

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• A description of the site, fieldwork, laboratory testing and general existing pavement and soil conditions encountered, together with a Boring Location Plan, and individual Boring Records.

• Recommendations for controlling groundwater and/or run-off during construction and the need

for permanent dewatering systems based on the anticipated post construction groundwater levels.

• Recommended pavement sections based on provided or assumed traffic loading and soil types collected from the test borings.

• Summary of laboratory test data performed on select soil samples.

• Suitability of on-site soils for reuse as structural fill and backfill. Additionally, the criteria for

suitable fill materials will be provided.

• Recommended quality control measures (i.e. sampling, testing, and inspection requirements) for site grading and foundation construction.

Inform CLIENT of any obvious odors or materials seen during completion of our study. However, the assessment of site environmental conditions, the detection of pollutants in the soil, rock or groundwater, or laboratory testing of samples, wetlands evaluation, or a site-specific seismic study are beyond the scope of this exploration.

2.2 Utility Coordination (Gortemoller Engineering)

Gortemoller Engineering (GE) will identify all existing Utility Agency Owners (UAOs) within the project limits by utilizing Sunshine 811 Design Tickets. Design plans will be submitted to utility owners at the time the plans are provided to the CLIENT. Utility owners will be requested to provide markups to GENESIS to incorporate into the utility adjustment plans. Final construction plans will be provided to the utility owners for review and comment to ensure all revisions and relocations have been addressed and incorporated into the design. Any utility coordination meetings, production of utility conflict matrices and/or utility work schedules will be considered Additional Services.

2.3 Drainage Design (Gortemoller Engineering) The purpose of this task is for GE to develop the drainage design for Beach Drive within the project limits. The area is known to flood and falls within a Flood Zones AE 8 and AE 9. GE will evaluate efforts to reduce flooding. The CLIENT has provided a report titled Panama City Downtown Basin Stormwater Master prepared by CDM in 2002. GE will evaluate the previous report and verify data provided in development Basin Maps, Hydrological data, existing condition model and proposed alternative(s) drainage model. This analysis will only include the 5th Street Outfall and specifically excludes any analysis of the 6th Street or north of 6th Street. See Attachment B for Study Area. GE and GENESIS will review the CDM SWMM model study to determine the appropriate input data needed for the proposed improvements to the West Beach Drive project area. GE and GENESIS will coordinate the input data with the CLIENT for completion of Task 2.

2.3.1 Hydrologic features map data layers including Watershed and Sub-Basin Delineation

• Based on the topographic maps created using LiDAR data provided by the Northwest Florida Water Management District and the previous report provided by the City. As well as Survey provided by Genesis survey Subconsultant.

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• Land Use/Impervious Area: Existing condition will be based on the most recent aerial photographic maps obtained from FDOT at the initiation of this study.

• Soils: Based on Soil Conservation Service mapping for Bay County.

2.3.2 Existing Condition Model

2.3.2.1 – GE will develop the appropriate hydrologic and hydraulic parameters necessary as input

to the computer model (ICPR 4). The model will be used to identify flooding within the Project Area.

2.3.2.2 – Prepare, develop, and input appropriate hydrologic modeling parameters based on the

mapping data prepared for this project. These include: • Sub-basin delineation • Directly connected impervious area (DCIA) • CN numbers on soil type and land use • Time of concentration

2.3.2.3 – Prepare, develop, and input appropriate hydraulic modeling parameters based on field reconnaissance, photographs, field survey data and as supplemented by mapping data prepared for this project.

2.3.2.4 – Perform computer simulations using frequencies of 10, 25 and 100-years, with durations

of 1, 4, 8 and 24 hours; FDOT distributions. Use the results to ascertain the critical storm duration for design purposes.

2.3.2.5 – Identify flood areas (City of Panama City stormwater level of service deficiencies) within

the Project Area and road overtopping for sites within flood limit areas for the 10, 25, and 100 year, critical storm events.

2.3.2.6 – Prepare and submit to the City of Panama a brief written summary of findings based on

the work performed to date.

2.3.3 Analyze Proposed Alternatives

2.3.3.1 – The purpose of this task is to analyze alternatives to improve flooding conditions within the Project Area.

2.3.3.2 – Modify the existing conditions model network as appropriate to reflect the proposed

improvements (not more than two alternatives) and perform computer simulations for 2, 10, 25, and 100 year frequencies using the critical storm duration. This scope includes the following two project alternatives for the Project Area:

• Pipe Upgrades per CDM report • Alternate Pipe Upgrades

2.3.3.3 – Analyze the proposed improvement alternatives. Evaluate the depth and duration of flooding for sites within flood limit areas and compare against the existing drainage conditions model.

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2.3.3.4 – Prepare preliminary statement of findings and cost estimates of each alternative

considering costs of construction and ROW/Easement acquisitions.

2.3.3.5 – Coordinate with City of Panama City staff to discuss the alternatives for possible consideration. This may result in a minor modification of the model and re-simulation of not more than 1 alternative.

2.3.4 Project Documentation

The purpose of this task is to prepare and submit a final written summary documenting the work effort, the information utilized, the results and recommendations. Prepare a written summary to include the following:

• Description of the various alternatives considered and evaluated • Cost estimate for construction for each design alternative • Provide an engineering recommendation of preferred design alternative • Hard copies of the stormwater modeling input and output files

2.4 Potable Water and Sanitary Sewer Utility Design

GENESIS will provide engineering services for the design of proposed water and sewer utility design through the project limits. GENESIS will review the original design plans provided by the CLIENT to determine if the proposed design is suitable for the project. Services do not include additional utility modeling to determine any upsizing of the water and sewer lines proposed by the CLIENT. Any modeling will be considered additional services. At a minimum, the design will include the following information:

a. Potable Water and Sanitary Sewer Demolition Plan – Sheet(s) will show existing facilities to be removed, demolished, or abandoned during the construction of the proposed improvements.

b. Potable Water and Sanitary Sewer Utilities Plan – Sheet(s) will include existing topography,

proposed sanitary sewer and potable water improvements, and relevant design information necessary for constructing the proposed improvements.

2.5 Construction Plans

Prepare construction plans for the roadway improvements. Construction plans will be produced on 11”x17” sheets at a scale not greater than 1”=40’. Plans will be provided to the CLIENT at the 60%, 90%, and Final design phases for review and comment. The plans will be designed using the 2016 FDOT Design Standards, Florida Greenbook, FDOT Plans Preparation Manual and the FDOT Standard Specifications for Road and Bridge Construction. All design calculations and decisions will be documented and provided to the CLIENT in a Design Documentation Report. Plans will include, but not be limited to, the following components:

• Key Sheet • Typical Sections and Details • General Notes • Project Layout • Reference Points • Drainage Maps • Summary of Quantities

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• Summary of Drainage Structures • Plan Sheets • Profile Sheets • Drainage Structure Cross Sections • Roadway Cross Sections (50-ft intervals) • Utility Adjustment Sheets • Erosion Control Sheets • Traffic Control Sheets • Signing and Pavement Marking Plans

DELIVERABLES 1 hardcopy set of Signed and Sealed Construction Plans 1 hardcopy set of Design Documentation 1 hardcopy set of Drainage Documentation 1 hardcopy set of Bid Specifications CD or Flash Drive containing:

- PDF of Final Plans - Final Opinion of Probable Cost - Bid Specifications - CADD drawings in AutoCAD Civil 3D

2.6 Opinion of Probable Cost

GENESIS will provide an Opinion of Probable Cost (OPC) to the CLIENT at the 90% and 100% design submittal phases. The OPC will be developed from the project’s estimated quantities, and prices will be generated from the use of the FDOT unit price averages for the project area. Coordination with the CLIENT’s recent bid prices will also be included to get an accurate price from similar projects in the project area.

2.7 Permitting GENESIS will meet with the CLIENT and Northwest Florida Water Management District (NWFWMD) staff early in the design process to determine what permits will be required for the proposed improvements. We anticipate the following permit requirements:

NWFWMD Environmental Resource Permit (ERP) Exemption – GENESIS will coordinate with the NWFWMD to determine if the project will be exempt or require an ERP approval for the proposed improvements. GENESIS will provide all necessary data and information for completion of the ERP exemption. The CLIENT will be responsible for any/all permit fees associated with permitting. If a formal ERP approval is required, it will be considered Additional Services.

2.8 Project Coordination

GENESIS will coordinate with the CLIENT during production of all design phases. GENESIS anticipates holding routine conference calls and monthly team meetings with the CLIENT and all subconsultants to adhere to the project schedule and to evaluate design concerns throughout the production process. Services for project invoicing, scheduling and overall contract maintenance will also be included with this task.

3.0 Construction Bid Support GENESIS will provide support to the CLIENT at an hourly rate for assistance during the construction bidding process. GENESIS will assist the CLIENT with Requests for Additional Information (RAI’s) on an as-needed basis for the purposes of successfully bidding and awarding the project for construction. Services shall not

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exceed the fee shown in the Fee Schedule and Attachment A. GENESIS will notify the CLIENT when the task has reached 75% of the allowable limit, and discuss a supplemental fee arrangement if needed to complete the contract bidding. Post Design services, including but not limited to, construction meetings, shop drawing reviews, As-Built reviews, general construction questions, and construction plan modifications will be considered Additional Services.

III. CLIENT’S RESONSIBILITIES 1. Provide GENESIS with all designs and studies completed by others related to the project drainage and utility

designs. The information should be provided in all available formats. 2. Provide all property Title work required for the Project Surveyor to establish right of way and property

boundary limits. 3. Provide the public meeting location and notifications to property owners and citizens. 4. Provide GENESIS with any information, agreements, and/or restrictions that may be in effect on the property

and impact the design guidelines or criteria for the project. 5. The CLIENT shall provide GENESIS with access to the site for activities necessary for the performance of the

services. GENESIS will take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage.

IV. SCHEDULE Upon receipt of a fully executed copy of this Agreement, GENESIS shall perform its services and discharge the obligations imposed upon us in a prompt and timely manner and as expeditiously as is consistent with professional skill and care and the orderly progress of the work. We also acknowledge that the CLIENT is to be regularly and routinely consulted in connection with the performance hereunder. A detailed project schedule will be provided to the CLIENT after the official Notice to Proceed has been obtained. V. COMPENSATION Our fees for the described services are outlined in the following table. We have provided “Lump Sum Fees” for the services identified in the Scope of Work. Lump Sum Fees do not include Reimbursable Expenses directly associated with this project (travel, mileage, reproduction, supplies, and other non-labor reimbursable costs). Reimbursable Expenses will be invoiced at their direct cost plus fifteen percent (15%) for handling but will not exceed $3,000.00 without prior written authorization. A detailed Fee Estimate is included in Attachment A, and the Task fee schedule is as follows:

FEE SCHEDULE (See Attachment A for detailed costs)

Scope of Service Lump Sum Fee Hourly Fee

Task 1. Preliminary Engineering

$ 42,200.00

Task 2. Roadway Design

$ 105,395.00 Task 3. Construction Bid Support

$ 3,000.00 Reimbursable Expenses $ 3,000.00 TOTAL $ 150,595.00 $ 3,000.00

Note: The proposed fees are only valid if this Agreement is signed by both parties within 30 days from the date of transmittal and all work is authorized within 12 months.

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GENESIS shall submit invoices to the CLIENT on a monthly basis for the work accomplished based on our estimate of the approximate fee earned. Invoices shall be payable upon receipt of the invoice. GENESIS reserves the right to suspend all services on the CLIENT’S project if an invoice remains unpaid 30 days after the date of the invoice. If suspended, work will not resume until all outstanding invoices are paid in full. Accounts unpaid 30 days after the invoice date shall be subject to a monthly service charge of 1.5% on the unpaid balance at the sole election of GENESIS. In the event any portion of a CLIENT account balance remains unpaid 90 days after the date of invoice, the CLIENT shall pay all collection costs, expert witness fees, and other associated fess, including reasonable attorney’s fees. If services under this Agreement continue for a period of more than twelve (12) months from the date of this Agreement, the fees contained in the Fee Schedule shall be subject to re-negotiation at the sole discretion of GENESIS. In the event of unsuccessful re-negotiations following the said 12-month period of service, GENESIS shall have the sole and exclusive right of termination of the Agreement upon written notice to CLIENT. Any change in such fees shall apply to the unfinished services as of the effective date of such change. In the event the referenced project or the services of GENESIS called for under this Agreement is/are suspended, canceled or abandoned by the CLIENT, GENESIS shall be given five (5) days prior written notice of such action and shall be compensated for the professional services provided up to the date of suspension, cancellation or abandonment. VI. ADDITIONAL SERVICES Services authorized in writing by the CLIENT other than those specifically listed in the Scope of Services and which are agreed to be performed by GENESIS by written addenda to this Agreement shall be considered Additional Services for which the CLIENT shall compensate GENESIS at an agreed upon lump sum fee or the GENESIS current hourly rates for the actual personnel involved in the tasks (see attached Hourly Rate Schedule). Additional Services may include, but not be limited to, the following items: 1. Participation in Public Involvement meetings or Commission meetings 2. Graphic renderings depicting the trail design from various perspectives beyond those identified in the Scope of

Work 3. Stormwater Management Facility Design and Analysis 4. Landscape and/or Hardscape Design 5. Providing Right of Way or Easement Acquisition support including surveying, site analysis and legal proceedings 6. Street Lighting Analysis or Design 7. Structural Design 8. Geotechnical Borings at Johnson Bayou Outfall 9. Conceptual and Detailed Roundabout Design at West Beach Drive and 6th Street 10. Post Design or Construction Phase Services 11. Water and Sewer Utility Modeling VII. INDEMNIFICATION The CLIENT shall indemnify and hold harmless GENESIS and all of its employees, officers, directors and other personnel and GENESIS’ subconsultants from and against any and all claims, damages, losses and expenses (including reasonable attorney’s fees and costs associated with such claims) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the CLIENT, anyone directly or indirectly employed by the CLIENT (except GENESIS), or anyone for whose acts any of them may be liable. VIII. INSURANCE TO BE CARRIED BY ENGINEER/CONSULTANT During the term of this agreement, the Engineer/Consultant shall maintain errors and omissions coverage in an amount not less than one million dollars. This coverage shall be evidenced by a prepaid certificate of insurance

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reflecting the required coverages, which, by its terms, shall prevent cancellation or any material change in coverage absent thirty (30) day’s written notice to Owner. On or before the expiration date of the insurance coverage, the Engineer/Consultant shall furnish Owner like evidence of continuing or replacement coverage. Additionally, the Engineer/Consultant shall not begin work under the contract until after he has obtained all of the insurance herein described and such insurance has been approved by the Owner, nor shall the Engineer/Consultant permit any subcontractor to begin work until after similar insurance to cover the subcontract has been obtained and approved. The Engineer/Consultant, and any of his subcontractors, shall, throughout the life of the Contract, procure and maintain Workers' Compensation insurance, and comply with the requirements of the statutes of the State of Florida relative to Workmen's Compensation Insurance. The Engineer/Consultant shall be responsible for compliance by every subcontractor with these requirements. The Engineer/Consultant shall procure and shall maintain during the life of the Contract: 1. Commercial General Liability Insurance with the following limits:

• General Aggregate Limit (other than Products/Completed Operations) $1,000,000 • Products/Completed Operations Aggregate Limit 1,000,000 • Personal and Advertising Injury Limit $500,000 • Each Occurrence Limit $1,000,000 • Fire Damage Limit $50,000 • Medical Expense limit $5,000 No coverage found in the standard ISO commercial general liability form shall be excluded from insurance provided by the Engineer/Consultant or subcontractors.

2. Commercial Automobile Liability Insurance with limits of $500,000 if written on a combined single limit basis, or $250/500/100,000 if written on split limit basis.

Each such policy of insurance shall name the Owner, as well as the Engineer/Consultant, as the insured. The Engineer/Consultant shall require each subcontractor to maintain such Workers' Compensation Insurance, Commercial General Liability Insurance, and Commercial Automobile Insurance to cover the work done under a subcontract. IX. MEDIATION In the event of a dispute regarding any of the Parties’ obligation hereunder, the Parties shall, no less than 90 days prior to the initiation of litigation relating to any such dispute, engage in pre-suit mediation. GENESIS may choose to file suit without pre-suit mediation in disputes pertaining to non-payment where there is no timely, written notice from the CLIENT as to a dispute relating to unpaid invoices. Unless the parties mutually agree otherwise in writing, the said pre-suit mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. X. CONTRACT ASSIGNMENT The CLIENT and GENESIS, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the CLIENT nor GENESIS shall assign this Agreement without the written consent of the

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other, except that the CLIENT may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the CLIENT’s rights and obligations under this Agreement. XI. MISCELLANEOUS PROVISIONS The Parties expressly waive their rights to claim consequential damages of any kind, nature or species which relate to the performance of obligations by either Party to this Agreement, which waiver provision shall be applicable to the Parties to this Agreement, as well as their employees, officers, and directors. XII. REUSE OF DOCUMENTS All documents prepared or furnished by GENESIS (and GENESIS’ independent professional subconsultants) pursuant to this Agreement are instruments of service in respect of the project and GENESIS shall retain an ownership and property interest therein. The CLIENT may make and retain copies of information and reference in connection with the use and occupancy of the project by the CLIENT and others; however, such documents shall not be used by the CLIENT or others for any other endeavor without written consent of GENESIS. Any reuse without written verification or adaptation by GENESIS for the specific purpose intended will be at the CLIENT’S sole risk and without liability or legal exposure to GENESIS, and the CLIENT shall indemnify and hold harmless GENESIS and GENESIS’ independent professional associates and subconsultants from all claims, damages, losses and expenses including attorneys’ fees arising out of or resulting therefrom. XIII. APPLICABLE LAWS Unless otherwise specified, this Agreement shall be governed by the laws of the State of Florida. In the event of litigation regarding the Parties’ obligations hereunder, the Parties expressly agree venue for such litigation shall be conducted in the county in which the Project is situated. This proposal represents the entire understanding between us with respect to the project and may only be modified in writing, signed by both parties. If you have any questions regarding our fee proposal, please call so we can clarify or revise our understanding of the project scope. GENESIS appreciates the opportunity to submit this proposal, and we look forward to providing you with the professional services requested. Sincerely, GENESIS November 22, 2016 November 22, 2016 Mark T. Llewellyn Sr., PE Date Nicholas A. Grosso, PE Date CEO Associate Vice President The signature below authorizes the work herein described to proceed and does so on behalf of the Signatory and on behalf of the City of Panama City, the Owner of the land or property upon which the work is to be performed, and warrants that he/she has authority to sign this Agreement on behalf of the Signatory and on behalf of the Owner of the land. The signature below further authorizes GENESIS to serve notice to Owner of the land under this Agreement in accordance with Section 713.06, Florida Statutes. ACCEPTED BY: City of Panama City

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Signature

Name

Title

Date

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Standard Hourly Rate Schedule

(Valid through December 31, 2016) Range Engineers Principal/Officer – Professional Engineer $150.00 - $230.00 Engineering Department Manager $140.00 - $190.00 Senior Professional Engineer $135.00 - $165.00 Professional Engineer $110.00 - $130.00 Project Engineer $ 85.00 - $125.00 Engineer Intern $ 60.00 - $ 90.00 Graduate Engineer $ 50.00 - $ 70.00 Technicians Supervisory Technician $ 90.00 - $120.00 Senior Technician $ 70.00 - $100.00 Design Technician $ 45.00 - $ 75.00 Technician $ 35.00 - $ 50.00 GIS Principal Officer – Senior Spatial Analyst $125.00 - $165.00 Senior Spatial Analyst $110.00 - $125.00 Spatial Analyst $ 75.00 - $105.00 GIS Specialist $ 50.00 - $ 70.00 Landscape Architects Principal/Officer – Professional Landscape Architect $135.00 - $200.00 Landscape Architect Department Manager $130.00 - $160.00 Senior Professional Landscape Architect $ 95.00 - $125.00 Project Manager Landscape Architect $ 80.00 - $120.00 Professional Landscape Architect $ 70.00 - $105.00 Senior Landscape Designer $ 70.00 - $ 95.00 Landscape Designer $ 55.00 - $ 75.00 Planners Principal/Officer – Land Planner $150.00 - $230.00 Planning Department Manager $100.00 - $140.00 Senior Planner $ 85.00 - $160.00 Planning Project Manager $ 70.00 - $100.00 Professional Planner $ 70.00 - $ 90.00 Senior Site Planner $ 70.00 - $ 95.00 Project Planner $ 50.00 - $ 75.00 Site Planner $ 45.00 - $ 75.00

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Standard Hourly Rate Schedule (Valid through December 31, 2016)

Range

Administration Programmer / Web Designer $100.00 - $160.00 Executive Administrative Assistant $ 65.00 - $ 95.00 Senior Administrative Assistant $ 65.00 - $ 95.00 Administrative Assistant $ 50.00 - $ 60.00 Office Assistant $ 35.00 - $ 45.00 Construction Engineering & Inspection (CE&I) Senior Project Engineer $160.00 - $265.00 Project Administrator $140.00 - $210.00 Assistant Project Administrator $105.00 - $125.00 Senior Inspector $ 85.00 - $115.00 Inspector $ 70.00 - $ 90.00 Inspector Aid $ 45.00 - $ 65.00 CEI Secretary $ 50.00 - $ 60.00 Contract Support Specialist $100.00 - $120.00 Associate Contract Support Specialist $ 70.00 - $ 90.00 Resident Compliance Specialist $ 60.00 - $ 80.00 Reimbursable Expenses Reimbursable expenses include, but are not limited to: Courier Service Government Permitting Fees Maps / GIS Data Prints, Copies, Plots, Plans Mileage, Parking, Tolls Subconsultant Fees Postage and Overnight Mail Telephone/Conferencing Travel (lodging, rental car, per diem) Miscellaneous Services

Page 15: Mr. Neil Fravel, P.E. Public Works Director 9 Harrison Avenue

ATTACHMENT A

GGI, LLC dba Genesis

2507 Callaway Road, Suite 100 Project No: 8522-004

Tallahassee, FL 32303 Description: West Beach Drive Roadway Improvements

Tel: (850) 224-4400

County: Bay

REQUIRED TASKTotal Cost For

Hourly Rate $200.00 $160.00 $155.00 $130.00 $105.00 $60.00 $42.00 $150.00 $75.00 Hours Activity

Hours Hours Hours Hours Hours Hours Hours Hours Hours

Task No. Professional Services

1 Preliminary Engineering

1.1 Topographic Survey (SSMC) $30,000.00

1.2 Conceptual Plans 2 4 10 14 24 24 78 $8,370.00

1.3 Conceptual Opinion of Probable Cost 1 1 4 4 10 $1,255.00

1.4 Field Reviews 5 5 5 15 $2,575.00

2 Roadway Design

2.1 Geotechnical Investigation (NOVA) $5,895.00

2.2 Utility Coordination (Gortemoller Engineering) $3,500.00

2.3 Drainage Design (Gortemolller Engineering) $17,500.00

2.4 Water and Sewer Design 2 10 12 24 24 10 82 $10,100.00

2.5 Construction Plans

Key Sheet 1 1 2 2 2 8 $905.00

Typical Sections and Details 1 2 6 6 8 23 $2,360.00

General Notes 1 1 2 4 4 12 $1,235.00

Project Layout 1 1 2 4 4 12 $1,235.00

Reference Points 2 2 4 $330.00

Drainage Maps 1 1 4 2 2 10 $1,165.00

Summary of Quantities 1 2 4 8 8 23 $2,310.00

Summary of Drainage Structures 1 2 4 8 8 23 $2,310.00

Plan Sheets 2 6 16 24 32 80 $7,770.00

Profile Sheets 2 6 16 24 32 80 $7,770.00

Drainage Structure Cross Sections 2 4 8 20 20 54 $5,280.00

Roadway Cross Sections 2 2 16 20 24 64 $6,250.00

Utility Adjustment Sheets 2 4 8 24 16 54 $5,460.00

Erosion Control Sheets 1 2 5 8 8 24 $2,440.00

Traffic Control Sheets 2 2 8 16 12 40 $4,070.00

Signing and Pavement Marking Plans 2 2 8 12 16 40 $3,890.00

2.6 Opinion of Cost 2 2 6 8 6 24 $2,610.00

2.7 Permitting 6 6 4 2 18 $2,430.00

2.8 Project Coordination 40 8 4 4 56 $8,580.00

3 Construction Bid Support $3,000.00

TOTAL MANHOURS 7 80 70 137 228 230 0 0 0 752

TOTAL SALARY COSTS $1,400.00 $12,800.00 $10,850.00 $17,810.00 $23,940.00 $13,800.00 $0.00 $0.00 $0.00 $150,595.00

$150,595.00

$3,000.00

$153,595.00 Revised By:

Date: $153,595.00Prepared by: Date: 11/22/2016

FEE COMPUTATION

Principal Engineer (Officer)

GENESIS GROUP TOTAL LUMP SUM AMOUNT

Project Manager

Senior Professional

Engineer

Professional Engineer

Graduate Engineer InternProject

EngineerLandscape Designer

Certified Arborist

TASK NO. 1 TOTAL $42,200.00

TASK NO. 2 TOTAL $105,395.00

Nick Grosso, PE

GENESIS GROUP GRAND TOTAL LUMP SUM AMOUNT

ExpensesLUMP SUM FEES

TASK NO. 3 TOTAL $3,000.00

Page 16: Mr. Neil Fravel, P.E. Public Works Director 9 Harrison Avenue

Attachment B

dgortemoller
Callout
Beach Drive Study Area