BOGGY CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Boggy Creek Improvement District was called to order on Tuesday, October 17, 2017 at 3:32 p.m. at 6900 Tavistock Lakes Blvd., Suite 200, Orlando, Florida 32827. Members listed below constituted a quorum.

Richard Levey Damon Ventura Thad Czapka Heather Isaacs

Chairman Vice-Chair
Assistant Secretary Board Member

Also, attending:

Tucker Mackie John Florio Larry Kaufmann Joe MacLaren Jennifer Walden Patrice Ragusa Jeff Newton

Hopping Green & Sams
Donald W. McIntosh Assoc., Inc. Construction Supervisor
Fishkind & Associates, Inc. Fishkind & Associates, Inc. Construction Committee
Donald W. McIntosh Assoc., Inc.

SECOND ORDER OF BUSINESS	Public Comment Period

Mr. Levey called for any public comments on any agenda items. There were no public comments.

THIRD ORDER OF BUSINESS		Consideration of the Minutes of the August 15, 2017 Board of Supervisors' Meeting

Board Members reviewed the minutes from the August 15, 2017 Board of Supervisors' Meeting. Mr. Florio provided edits.

On Motion by Mr. Czapka, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Minutes of the August 15, 2017 Board of Supervisors' Meeting, as amended.

FOURTH ORDER OF BUSINESS		Consideration of Resolution 2018-01, Approving an Annual Meeting Schedule for Fiscal Year 2017-2018

Mr. MacLaren explained that the meetings will occur on the same meeting schedule from the prior year which is the 3rd Tuesday of each month at 3:30 p.m. at this location.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved Resolution 2018-01, Approving an Annual Meeting Schedule for Fiscal Year 2017-2018.

FIFTH ORDER OF BUSINESS		Consideration of Award of Lake Nona South- Traffic Signal Studies, Design, Permitting	and Construction Services
a) Construction Committee Recommendation

Mr. Kaufmann explained that the Construction Committee reviewed qualification packages from three traffic engineers - Atkins, VHB, and Kittleson. The determination from the Construction Committee was that all three were qualified based on criteria that was approved and the Construction Committee recommended VHB to be the traffic engineer for the current work that the District is proposing to do with the caveat that the District could use the other two at some point in the future also. Mr. Levey asked why they were recommending VHB. Mr. Kaufmann answered that GMB was the company that did the initial signalization for all of the intersections and they were purchased by VHB and VHB would be the logical choice to continue the work they did on Lake Nona Boulevard. Mr. Levey asked if the Construction Committee wants to award the current work to VHB but also accept all three firms as qualified Contractors in case there is additional work coming forward. Ms. Mackie explained that in terms ofRFQs through the CCNA Process what is required is that the District procure through an RFQ, proposals not specific to the

work needed. That is what was reviewed by the Construction Committee and then the Construction Committee would rank those proposers in an attempt to negotiate first with the top ranked firm which according to Mr. Kaufmann would be VHB and the second would be Kittleson and third would be Atkins. She noted that the Board's action today would be accepting the recommended rankings of the firms. Mr. Kaufmann added that the Construction Committee would present the project to VHB and negotiate and come back with a work authorization or a proposal.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District accepted the recommended ranking from the Construction Committee in connection with the responses received in connection with the RFQ for Lake Nona South- Traffic Signal Studies, Design, Permitting and Construction Services ranking VHB as the top ranked fom, with Kittleson as the second and Atkins as the third.

SIXTH ORDER OF BUSINESS		Consideration		of Acquisition of Surplus Property from Central Florida	Expressway Authority
General Discussion
Consideration			of Appraisals of Real Property Prepared by Integra	Realty Resources		and Ratification of Costs Relating to Same
Consideration of Real Estate Agreement to Sell and Purchase Surplus Property	and Agreement to Assign Drainage Easement to CFX
Consideration of Acceptance		of Drainage Easement	from Lake Nona Land Company, LLC
Consideration of Assignment	of

Drainage Easement to CFX
Authorization to Retain Fencing Contractor to Perform	Fence
Relocation	Work Contemplated in CFX Real Estate Agreement
CFX Application for Right of Entry
Consideration of CFX Utility Permit

Ms. Mackie explained that behind Tab 4A in the agenda package are three maps which orient the Board to the area being discussed. This has come before the Board previously for purposes of authorizing the appraisal work that is behind Tab 4B. The Loop Road is outlined in black and the Expressway Authority currently owns the blue triangle piece on the map. The triangle is now impacting the right-of-way and there is also additional landscaping for the District to construct. There is also a green "L" piece on the map and the top "L" above that box is the drainage easement and the below green of the "L" piece would be additional outfall from the Loop road. She mentioned that this began with negotiations between the Developer and CFX because the Developer still owns the right-of-way that the District will need to acquire to construct the right­ of-way, but it was dete1mined that CFX felt more comfortable negotiating the sale of the Surplus Property with another governmental entity. While the initial work was begun by Wiley Boston, Ms. Mackie stepped in on discussions with CFX to negotiate the Surplus Property Acquisition. One of the requirements was that CFX received the Appraisals behind Tab 4B. Page 2 of the first appraisal depicts the value conclusion at $115,000.00 for that triangle piece. She noted that this has also been reviewed by the Central Florida Expressway Authority who had a secondary appraiser review Integra' s initial report as well and accepted that as the value. The second appraisal was for the drainage easement the District will donate to CFX to offset any concerns they might have had relative to the green "L" piece. That assigns the value for the easement at $300,000.00 for easement rights. It is Lake Nona dedicating an easement to the District that would be assignable to CFX by the District. Mr. Florio asked if the District has to fund that $300,000.00 amount. Ms. Mackie indicated that there is no cost associated with the Developer's grant of the underlying drainage easement to the District. Ms. Mackie requested acceptance from the Board of the appraisals by motion and noted that there was an additional cost over and above what the Board previously approved. Mr. Levey asked if this summarizes the real estate transaction. Ms. Mackie confirmed that it does. She mentioned it is all subject to the Expressway Authority Board's review and approval. The District goes before the CFX Roadway Committee on October 25, 2017. Ms. Mackie explained that behind Tab 4C is the Purchase and Sale Agreement. Ms. Mackie walked through the provisions of the agreement. She stated that the District has been requested to execute this today and deliver and executed Purchase of Sale Agreement and this incorporates all of the comments received from CFX Counsel and hopefully there would be no other further revisions.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Purchase and Sale Agreement effectuating the approval of the Acquisition of Surplus Property from the Central Florida Expressway Authority.

Ms. Mackie stated that the next item would be to approve the grant of the Stormwater Drainage Easement from Lake Nona to the District and is the easement that would have the ability to fmiher assign it to CFX for drainage. Ms. Mackie explained that the District must accept it first because it must deliver the Drainage Easement at closing.

On Motion by Mr. Ventura, second by Ms. Issacs, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Grant of Stormwater Drainage Easement from Lake Nona to the District and delegating authority to the Chair to make changes if required.

Mr. Levey asked if Ms. Mackie needs approval to assign the easement.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Assignment of the Drainage Easement to CFX and delegating authority to the Chair to make any minor changes prior to the transaction with the Expressway Authority.

Ms. Mackie requested a motion accepting the appraisals.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District accepted the Appraisals of Real Property Prepared by Integra Realty Resources.

Mr. Kaufmann explained that he is working with All-Rite Fence who does work for the Expressway Authority and he is trying to get a quote for 163 feet of Type B DOT fence. The relocation of the existing fence is a precondition to closing on the acquisition of the Surplus Property from CFX. Mr. Kaufmann said that the estimate is $7,500.00.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the ability to retain a fencing Contractor in an amount not-to-exceed $7,500.00.

Ms. Mackie explained that the Right of Entry Permit is associated with the fence as well. The District must have that permit in hand in order to do the work. She requested a motion authorizing the Chair to execute along with the Contractor who would be responsible for the insurance requirements that are specific to that work.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District authorized the Chair or Vice-Chair to execute the Right of Entry Permit.

Ms. Mackie stated that the Utility Pe1mit is somewhat unrelated to the Surplus Property, but it is a permit that the District will need from CFX to do the utility work within the Expressway Authority ROW. Prior to the meeting today Ms. Mackie met with City of Orlando's Counsel to review the application for Utility Permit which has been modified recently by CFX to include some additional language related to indemnification and insurance which stems from a modification made by DOT to their procedures manual. She reported that the discussions went well today and the City has agreed to execute the Utility Permit with the understanding that certain language will be added to the District's ultimate Construction Contract with the Contractor for the actual work both indemnifying the City and providing for the City to be an additional insured on Contractor insurance policies. She noted that it was asked that the District go back and look at the indemnification language and make sure that the District is putting as much on the Contractor. The District and the City will be required to execute as the utility agency owner right now and when the District selects a Contractor for the work the District would then revise the permit to include the utility builder to be selected which is when the insurance provisions would follow the Contractor. Ms. Mackie requested a motion authorizing the Chair to execute the Application for Utility Permit. Mr. Florio stated that the Developer has engaged with the City on a Waste Water Reimbursement Agreement related to these facilities and appears to be successful in obtaining an approval for as much as $714,614.00 in credits for waste water capacity that would flow back to the District if the District funds the construction. The utility is working with the District and the Developer in putting these improvements in place.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District authorized the Chair or the Vice-Chair to execute the Application for Utility Permit.

SEVENTH ORDER OF BUSINESS	Ratification of Requisition Nos. 301-317 Approved in August 2017 in an amount totaling $715,134.56

Board Members reviewed Requisition Nos. 301 - 317 approved and paid in August 2017 in the amount of $715,134.56.

On Motion by Mr. Ventura, second by Ms. Isaacs, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified payment of Requisition Nos. 301- 317 approved in August 2017 in an amount totaling $715,134.56.

EIGHTH ORDER OF BUSINESS	Ratification of Operation and	Maintenance Expenditures Paid in August 2017 in the amount of $34,812.95 and Paid in September 2017 in an amount totaling $40,462.28

Board Members reviewed the Operation & Maintenance expenditures paid in August 2017 in the amount of $34,812.95 and paid in September 2017 in an amount totaling $40,462.28.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Operation and Maintenance expenditures paid August 2017 in the amount of $34,812.95 and paid in September 2017 in an amount totaling
$40,462.28.

NINTH ORDER OF BUSINESS		Recommendation of Work Authorizations/Proposed Services
Mr. Kaufmann presented a Work Authorization from Donald W. McIntosh Associates, Inc. (Minutes Exhibit A) for Lake Nona Town Center Parcel 22A - Nemours Parkway West & Lift Station No. 10 revision #2 in the amount of $32,750.00. The Board asked him to revise the brief description and any reference to Cromwell Road be removed. Discussion ensued regarding adding an hourly not-to-exceed reference to the project coordination and meetings section, as well as the additional assistance section.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorization from Donald W. McIntosh in the amount of $32,750.00 for Lake Nona Town Center Parcel 22A Nemours Parkway West & Lift Station No. 10, as amended to strike any reference to Cromwell Road Phase 2 and add the hourly not-to-exceed reference as indicated.

Mr. Kaufmann presented a proposal from CFL Geological Solutions (Minutes Exhibit B) in the amount of $4,770.00. Mr. Florio stated that the graphics distributed represent in black the current CIP program that the District is updating for the new geometry of Loop Road and the Lift Station and the Developer requested the District to add the further extension of Medical City Drive down to the DRI boundary. The design will stop short of the boundary by the right-of-way perfection and geometry will go to the boundary and in addition to eliminating two of the four lanes of the widening of Laureate Boulevard from the current CIP. Mr. Florio said that the question is whether or not the Board wants to consider adding the extension of Medical City Drive in lieu of the widening of Laureate Boulevard when he updates the CIP. In the meantime, there is a user for the site immediately east of this section of Medical City Drive that is anxious to get started and the Developer is anxious to get the design moving forward. The District does not have a Developer Funding Agreement in place for that piece but if the Board can consider the length of Medical City Drive in relation to what is being deleted from Laureate Boulevard there will likely be no significant financial change in the ultimate Engineer's Report once it is published. Mr. Levey asked if that is in front of the District today. Mr. Florio noted that with the Board's concurrence, the Amended and Restated Engineer's Report for Capital Improvements would incorporate all those revisions. Mr. Florio is working on an Engineer's Report to roll in the update to the CIP and do an estimate for that work. While he was in the process of writing that report, the Developer came forward with the Medical City Drive discussion so he can incorporate the Medical City Drive extension in this amendment with the Board's direction. He added that there are three Work Authorizations associated with the Medical City Drive extension. Mr. Levey stated that the District could be at risk until it has a Funding Agreement or amended CIP in place. He asked if Mr. Florio

will be back next month with the amended CIP. Mr. Florio replied yes. Mr. Ventura asked if there was a General Funding Agreement. Mr. Florio said that there is a Completion Agreement under the original CIP that the District could rely upon if the Board adopts this as part of their CIP with the Amended and Restated Engineer's Report. Ms. Mackie noted that historically the District has never had an issue with obtaining funding from the Developer for Developer-related costs. Mr. Levey suggested directing Mr. Florio to amend the CIP to include the extension of Medical City Drive and then take up the Work Authorizations.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District directed the District Engineer to modify the CIP to reflect the changes described including the addition of the extension of Medical City Drive to the South Boundary Line of the property.

Mr. Kaufmann asked for approval of the CFL Geological Solutions Work Authorization in the amount of $4,770.00.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the CFL Geological Solutions Work Authorization for $4,770.00.

Mr. Kaufmann presented a Work Authorization from Devo Engineering (Minutes Exhibit C) in the amount of $1,652.50 which is the Geotechnical Report required for the design. Ms. Isaacs asked if the work for engineering design also includes design of underdrain. Mr. Kaufmann stated that the Geotechnical Engineer would make recommendations on the requirement for underdrains and the City would require that he provide that recommendation. She also asked if the Board would end up approving an amendment to the next item which is the Civil Engineering Service or if that is already included within this price. Mr. Kaufmann answered that it would be within their price. Mr. Kaufmann clarified that if later the Engineer or the District decides that they want to put in additional underdrains they can do that. Mr. Florio stated that Page 3 of the proposal is incorrectly shown, and it should be $1,652.50 but the authorization is correct.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorization from Devo Engineering in the amount of $1,652.50.

Mr. Kaufmann presented a proposal from Donald W. McIntosh and Associates (Minutes Exhibit
D) in the amount of $118,740.00 for the Medical City Phase 2 of approximately 500 feet of two lane divided roadway. Discussion ensued regarding if site visits should be done on an hourly not­ to-exceed and not on a lump sum.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the proposal from Donald W. McIntosh in the amount of $118,740.00 with Section B Part lE revised to include not-to-exceed verbiage as discussed.

Mr. Kaufmann presented a Work Authorization from Donald W. McIntosh and Associates (Minutes Exhibit E) for the Public Facilities Report.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorization to Donald W. McIntosh for Engineering Services to update the Public Facilities Report in the amount of $9,500.00.

TENTH ORDER OF BUSINESS		Review of District's Financial Position and Budget to Actual YTD

Board Members reviewed the Statement of Financial Position and Budget to Actual through today's  date.  Mr.  MacLaren  noted  that  through  the  end  of  the  fiscal  year  the  District  had
$529,000.00 in expenses vs. a budget of $520,000.00. The District is slightly over budget which is the reason the District  increased  the assessment  revenues for  next year from $450,000.00  to
$696,000.00. No action was required by the Board.

ELEVENTH ORDER OF BUSINESS	Staff Reports

District Counsel -	Ms. Mackie will forward the Chair the memorandum that she
previously forwarded him in draft to prepare him as much as possible for the CFX meeting to be held on October 25, 2017 meeting.

District Manager -

District Engineer -

Mr. MacLaren stated that he is communicating with UCF on their new Lake Nona Medical Center and provided them with assessment infmmation for that. Mr. Levey asked if there was a groundbreaking date. Ms. Isaacs stated that there has been one phone call coordinated with HCA and at the end of last month they were presenting to the UCF Board and she has not heard anything since then.

Mr. Florio distributed the Construction Status Memorandum (Minutes Exhibit F). It includes the Boggy Creek Road Intersection and the Beacon Park Road realignment. Mr. Florio stated that on the Lake Nona Boulevard City side, the Developer is working on closing out the easements for waste water facilities and once those are approved the District will get a Certificate of Completion and as of this morning they have not yet been scheduled for a public hearing. On the Orange County side, which is the Boggy Creek and Beacon Park Boulevard side, the County completed its one-year maintenance inspection and produced a list of corrections that they found necessary which includes ten items. The Construction Committee received a request for Change order from Jr. Davis for the first nine items which totals $15,670.00. It has been reviewed and recommends it to be approved for implementation. The last item says that the District must drain the storm system for which the Contractor submitted two proposals totaling $52,470.25. Mr. Florio sent them an email back stating that this is a standard County procedure and they should have anticipated it so the District is not going to pay the additional cost. They came back asking him to reconsider. Mr. Florio confirmed with Counsel who agreed that if it is a County requirement they should be required to do it. Mr. Florio then went to the County and asked them to give him the specific specification reference that he can show the Contractor and after several inquiries Mr. Florio got nowhere and received a text back saying that they do not have one. Mr. Florio stated that with the Board's consideration, he was going to write a letter to the County telling them that because they do not have the specification specifically   requiring   it,  this  Board   is  not   inclined   to spend
$52,000.00 when they don't have a specific requirement for it. The reason he is bringing it to the Board is that the County closes its letter to Jr. Davis by saying that if they do not do this within a certain

period they will cash the LC and do it themselves. Mr. Florio stated that all of the references that he was given he researched and cannot find any reference and was told they did not have one. The District's Contract documents require Jr. Davis's compliance with all of the County Code. Mr. Levey stated that the Contractor may be in good position relative to the County, but the District does not need to get in the middle of that.

On Motion by Mr. Czapka, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Recommendations in the Construction Contract Status Memorandum Dated October 17, 2017

Mr. Florio stated that the bid date for Nemours Parkway West and Lift Station 10 Project with the acquisitions is now set for December 5, 2017. He has received preliminary design plans for the two traffic signal modifications, one at Lake Nona Boulevard and Veterans Way and the other at Lake Nona Boulevard and Tavistock Lakes to accommodate the left turn lanes. Mr. Florio will pull those and do a separate Permit Application for those in the event that the District wants to proceed with that before the District proceeds with the Loop Road. Mr. Kaufmann stated that they would like the Board authorization to bid that work out. Ms. Isaacs asked if the Warrant Study was received from the City. Mr. Florio indicated that it is a different location but he has not received it yet and noted that is in front of the VA Hospital. Mr. Florio previously suggested that he could get these two signals modified for $20,000.00 or less and asked  for  authorization  to  get  proposals.  He  got  proposals   for
$12,000.00, authorized them to move forward and then brought the
$12,000.00 to the Board last month which the Board approved then and those are these two signals. There are at least two more signals which are upcoming. A discussion took place about Board approval for the advertisement. Ms. Mackie stated that she is comfortable with the Board approving the advertisement understanding that the evaluation criteria cannot be changed. Mr. Florio explained that this is for signalization and adding a tum lane for those two intersections.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District authorized District Staff to advertise the Intersection Improvement Projects at Lake Nona Boulevard and Veterans Way and the other at Lake Nona Boulevard and Tavistock Lakes subject to Counsel's Review with the advertisement consistent with our proper ads.

Mr. Florio explained that there is a project going on in Parcel 15A which removes landscape and other material that the Board had constructed. He is evaluating the cost of that and he noted that there are also Discharge Easements from the Interchange pond in the Nmihwest quadrant of the Interchange that need to be received from the Developer and he is working on reviewing those now also. Mr. Florio introduced Mr. Newton to the Board who will be replacing Mr. Florio's role in the District.

Construction Supervisor -	No Report

TWELFTH ORDER OF BUSINESS	Supervisor and Audience Comments & Adjournment

Ms. Ragusa explained the damage to the District from Hurricane Irma. She explained that the cost for Boggy Creek ID is $24,000.00 to date and the second spreadsheet she provided shows the replacement trees. She explained that there were trees on the Interchange and down Lake Nona Boulevard and Medical City Drive that were damaged. She noted that everything marked in red on the spreadsheet will likely need to be replaced and Mr. MacLaren is looking into FEMA funding for reimbursement for some of this work. The $24,000.00 plus the replacements bring the cost up to around $50,000.00 which may come out ofreserves. Mr. MacLaren recommended delaying the tree replacements until December because this is the most cash strapped District and tree replacements are not funded by FEMA. Mr. MacLaren stated that the Board can authorize the tree replacement, but it would need to be delayed until funds start coming in for the current fiscal year.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the District's recommended Landscape Repair and Replacement in the amount of $49,732.00.

There was no other business to discuss.

On Motion by Mr. Czapka, second by Mr. Ventura, with all in favor, the Octaber 17, 2017 Meeting of the Board of Supervisors for the Boggy Creek Improvement District was adjourned.

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BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation for Work Authorization/ Proposed Services

Project Name:	Lake Nona Town Center Parcel 22A - Nemours Parkway West & Lift Station No. 10 Revision #2
Brief Description: ..Erofess-ional engineering a:nd-survey ing services for Cr	

Name ofConsultantNendor:	Donald W. McIntosh Associates, Inc.

Is this work pursuant to an existing Agreement?	Yes	 		No

If so, name and date of Agreement:	 	

Is this project included in the District Capital Improvement Plan?

Are the services required contemplated in the Capital Improvement Plan?

Is this a continuation of previously authorized work?

---  I	Yes
V	Yes
V	Yes

---

_ _

---

No

_No

No

Proposal attached:	X Yes

---	No

Form of Agreement Utilized: 	_

Amount of Services:

Recommendation:

$ 	32,750.00	

Approve	Deny

By:

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

DONALD W, MCINTOSH ASSOCIATES, INC.

October  1 I, 2017
October 13, 2017
rlevey@tavistock.com

Mr. Richard Levey, Chairman Board of Supervisors
Boggy Creek Improvement District
12051 Corporate Boulevard
Orlando, Florida 32817

Subject:	Lake Nona Town Center Parcel 22A
Nemours Parkway West and Lift Station No. 10 Revision #2
DWMA Job No. 16193.039 - 16193.044

C rVJL E NGINEERS

L AN O P LA NNERS

SUR VEYORS

Dear Mr. Levey:

As requested by Larry Kaufmann, Donald W. Mcintosh Associates, Inc. (DWMA) is pleased to submit for your consideration this additional services agreement") to provide professional engineering and surveying services to Boggy Creek Improvement District (BCID) ("CLIENT for €r	-rhas ("Project"). As detailed in the scope of services, this proposal includes changes to the approved Preliminary Plat, changes to the existing Final Engineering Drawings and changes to the existing Final Plat consisting of: I) relocating the road transition (four lanes to three lanes) 2) preparation, submittal and processing of the revised Preliminary Plat, Final Engineering Plans and Final Plat documents through the City of Orlando; 3) preparation, submittal and processing of the revised Final Engineering Plans, permit applications and associated calculations through Orlando Utilities Commission (OUC), Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD) to modify the existing permits and approvals and 4) additional coordination with project team consultants, owner representatives and contractors including distribution of plans and files, meetings, teleconference calls and assistance. We  will provide these services pursuant to our current contract with Boggy Creek Improvement District dated September 8, 2003 ("Contract") as follows:

BASIC SERVICES & ITEMIZED FEES

2200 Park Ave. North

Winter Park. FL

32789-2355

The nature, scope and schedule (if any) of Basic Services to be performed by DWMA under this Agreement, are set forth below.

CLIENT may, from time to time, request DWMA to perform services in connection with the Project which are outside the scope of the services listed herein. Should DWMA agree to perform such services (hereinafter referred to as "Additional Services"), they shall be subject to and governed by the provisions of this Agreement. Additional Services and Basic Services to be provided under this Agreement shall hereinafter be referred to  collectively  as "Services."

Fax 407-644-8318

F:\CO NTRACn P\cp12640.doc
407-644-4068

htt p: // www.dwm a .co m

Mr. Richard Levey, Chairman

Boggy Creek Improvement District
Re:	Lake Nona Town Center Parcel 22A
Nemours Parkway West and Lift Station No. JO
Revision #2
DWMA Job No. 16193.039- 16193.044
October 11, 2017, Revised October 13, 2017
Page 2 of 4

PART I - PROFESSIONAL SURVEYING & MAPPING

PREPARE REVISED  PRELIMINARY  PLAT  AND  SITE SURVEY - Prepare revised preliminary  plat  documents  for  submittal to the City of Orlando to reflect additional changes in the cross sections for the perimeter  road  provided  to  DWMA subsequent to  Revision  No.  l.  This  line  item  includes  the submittal and processing of the  revised  preliminary  plat documents to the City of Orlando planning official for review and approval to support the final plats and final engineering plans for Nemours Parkway West and Lift  Station  No.  I 0.  This  line  item  also includes additional revisions to  the  boundary  and  topographic survey to reflect changes in  the  right-of-way  to  support  the submittal of the preliminary plat, final plat and final engineering.
039
PREPARE REVISED FINAL PLAT AND SURVEY FOR FINAL PLAT SUBMITTAL - Prepare revised final plat documents for submittal to the City of Orlando to reflect additional changes in the right-of-way for the perimeter road associated with the engineering design revisions for the project detailed within this proposal. This line item includes revisions to the boundary and  topographic survey to reflect updated title work to reflect the revised roadway alignment and also includes submittal and processing of revised documents  to the City of Orlando.	040
SUBTOTAL PART I
PART II - CIVIL ENGINEERING
PREPARE REVISED GEOMETRY PLAN - Prepare  revised geometry plan for Nemours Parkway West and Lift Station  No.  I 0 per the attached plan markup  dated  September  26,  2017  for CLIENT  review and approval.	041
PREPARE AND PROCESS REVISED CONSTRUCTION ORAWINGS - Prepare, submit and process the revised final engineering plans and applications to the City of Orlando, OUC, FDEP and the SFWMD.	042

$4,200.00

$4,600.00

$8,800.00

$2,400.00

$12,550.00

F:ICONTRACnP\cp12640.doc

Mr. Richard Levey, Chairman

Boggy Creek Improvement District
Re:	Lake Nona Town Center Parcel 22A
Nemours Parkway West and Lift Station No. 10 Revision #2
DWMA Job No. 16193.039- 16193.044
October 11, 2017, Revised October 13, 2017
Page 3 of 4

ADDITIONAL PROJECT COORDINATION AND MEETINGS - Additional project coordination, meetings, distribution of plans and files for the revised preliminary plat, final pl geometry plan and

final engineering  plans. ( {	Ol)r /i]	, , ¥¥	)	043

$4,000.00

ADDITIONAL	ASs \r   T ANC E	WITH	CFX	TRANSFER
PARCEL  AND PREPARE  GRAPHIC  EXHIBITS  -  (a) Provide
additional assistance to CLIENT and Attorney for CFX SW AP Parcel, (b) prepare graphic exhibits for attorneys and CFX associated with the triangle acquisition and the CFX required fence
plans and (c) assist CLIENT with review of legal documents.	044	$5,000.00	
SUBTOTAL  PART 11 (_l{f)Ufl(	"11f)		
$23,950.00	

TOTAL PARTS 1-11		
$32,750.00	

This proposal, together with the Engineering Agreement, represents the entire understanding between Boggy Creek Improvement District and Donald W. McIntosh  Associates,  Inc. (Engineer) with regard to the referenced work authorization.

DWMA will be compensated for this work at the quoted lump sum amount or at the hourly rates and direct costs established pursuant to the Contract. If additional services are requested they will be provided under a separate proposal as and when requested.

If you wish to accept thi-s Service s Agreement, please sign and return a complete copy to our office (executed electronic scanned copies are acce ptab le) . Upon receipt, we will promptly schedule our services.

Sincerely,

CINTOSH ASSOCIA TES, INC.

, ,.,Cott E. Grossman, PSM Sr. Vice President
Attachment: Plan Mark-Up Dated Sept. 26, 2017

F:ICONTRACn P\cp12640.doc

Mr. Richard Levey, Chairman

Boggy Creek Improvement District
Re:	Lake Nona Town Center Parcel 22A
Nemours Parkway West and Lift Station No. 10 Revision #2
DWMA Job No. 16193.039-16193.044
October 11, 2017, Revised October 13, 2017 Page4 o/4

APPROVED AND ACCEPTED

By: 		_ Authorized Representative of
Boggy Creek Improvement District

Date: 	_

PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF DONALD W. MCINTOSH ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

F:ICONTRACnPlcp12640.doc

LNTC
9/ 26/ 201 7
Site Plan Chan ges

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BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation for Work Authorization/ Proposed Services

Project Name:	Medical City Drive Phase 2, Laureate Boulevard - Revision 1
Brief Description:	Horizontal Locating - 2D Ground Penetrating Radar (GPR) and Electromagnetic Optional Service: Vertical Excavations - Dirt Soft Digs

Name of Consultant Nendor:	CFL Geological Solutions

Is this work pursuant to an existing Agreement?	Yes	No

If so, name and  date of Agreement:	 	

Is this project included in the District Capital Improvement Plan?

---

Yes

---	No

Are the services required contemplated in the Capital Improvement Plan?	Yes	No

Is this a continuation of previously authorized work?

- - -

Yes

---	No

Proposal attached:	X	Yes

---	No

Form of Agreement Utilized: 	_

Amount of Services:

Recommendation:

$ 	4.770.00	
V	Approve	Deny

By:	 	
Larry Kaufmann Chairman
Boggy Creek Improvement District Construction Committee

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

(tl	r1	Services Proposal
Geological Solutions

Date: Client: Attn:
E-Mail : Project:

10/16/17
Boggy Creek Improvement District, 12051 Corporate Boulevard, Orlando, FL 32817 Mr . Richard Levey, Chairman
Scott Grossman, Donald W. McIntosh Associates, Inc.	sgrossman@dwma.com Medical City Drive Phase 2, Laureate Blvd, Orlando, FL REVISION 1

CFL is providing you with a Revised Services Proposal based upon scope of services requested by Scott Grossman of D.W. McIntosh Associates, may be subject to change should your requirements change, is valid for thirty {30) days from date of proposal, and is Non-Transferrable.

(ll SCOPE OF SERVICES: Horizontal Locating -2D Ground Penetrating Radar (GPR} and Electromagnetic
CFL will horizontally locate underground utilities from 10' north of the north right-of-way to the edge of clearing on the south right-of-way within the area outlined in red as shown on the attached Orange County Property Appraiser's Map provided by Scott Grossman. The length of the project is approximately 400 feet.
CFL's scope of services does not include the locating of vacant conduits, gravity sewer, storm lines, or small irrigation lines.
CFL will provide a technician's field drawing of the located utilitie s. See Item Cfor Field Drawing Information.
If the project is approved, D.W. McIntosh will provide CFL with a copy of the engineering plans.

Optional Service: Vertical Excavations - Dirt Soft Digs
If needed, CFL will vertically expose horizontally located utilities within sites to be designated by D.W . McIntosh .
See Item E for Soft Dig  Inform  ation/ Limit ations .

COSTS: Weekday Daytime Rates
Horizonta I Locati ng. -------------------------------------------------------------- 	$··3·,770.00
Optional Service: Vertical Excavations - Dirt Soft Digs-· 4 Hole Minimum Charge-•	$1,000.00*
*If more than 4 Soft Digs are requested, CFL will submit a Change Order for approval of the additional work.

PAYMENT: Lump Sum
A Lump Sum invoice will be submitted via e-mail to client upon completion of locate work.
Lump Sum amount is due in full with no job retainage.
Payments not received within 30 days of date of invoice may result in legal actions.

SCHEDULE: A work start date will be provided upon receiving the executed Services Proposal or Purchase Order.

AUTHORIZATION:
Client/Authorized Agent's Signature below or issued Purchase Order/Contract legally  authorizes  CFL to  proceed  with the project .

PROJECT NUMBER	­

E-MAIL ADDRESS  FOR INVOICE:------------------------------

Printed Name: 	_
Printed Name of Authorized Agent

By: 	_
Authorized Agent's Signature

AUTHORIZATION  TO PROCEED:
E-Mail Executed Services Proposal or Purchase Order/Contract to: wiley@cfl-inc.com and sandy@cfl-inc.com
Boggy Creek Improvement District	Date:    	

Client/Authorized Agent's signature below or issuance of a Purchase  Order/Contract acknowledges  that client accepts the scope of services, compensation, payment terms, and terms and conditions provided in this Services Proposal.
Central Florida Locating, Inc.
Associate Member of the Sunshine State One Call of Florido Corp Office {352) 793-4246	Fax (352} 793-8675
South Florida {239) 226-4262
cf I-inc.com	'	,,.

4l	r1
Geological  Solutions

Terms and Conditions of Services Proposal

Pagel

(Al LIMITS OF GPR AND ELECTROMAGNETIC SERVICES: /[Services are Provided
CFL will make every effort to horizontally detect the underground utilities, objects or voids described in the Scope of Work or as requested at the time of work within the designated work area(s). However, CFL cannot mark utilities/objects/voids that are undetectable. Therefore, CFL cannot guarantee that all subsurface utilities/objects/voids will be accounted for. Locate limitations that CFL will not be held liable for include but are not limited to :
GROUND PENETRATING RADAR (GPR):
GPR investigations are highly site specific and can be limited by attenuation of GPR signals by subsurface materials . GPR investigations are limited by uneven terrain conditions, bushes, trees, debris, etc.
All vertically stacked utilities/objects may not be detected since GPR signals are reflected by the top most utility/object. Some utilities/objects may not return a reflected signal to the GPR rec eiver.
GPR scans cannot be made immediately next to buildings/objects due to equipment restrictions . Pipes with little or no liquid content at time of locate work may not be detected with GPR.
ELECTROMAGNETIC LOCATING :
The number of access points within designated locate area(s) may be limited or non-existent. Utility or property owner may restrict or deny the use of utility access points .
Utility may not adequately carry the imposed current from the electromagnetic locate equipment.
Fiber & other non-metallic lines with no or non-working tracer wire are untoneable with electromagnetic locate equipment.
(Bl DESIGN ENGINEER and CONTRACTORS
Due to locate limitations, the client's/owner's Design Engineer is expected to gather and identify existing facility information from various prints and underground facility owners/operators to confirm that no other subsurface utilities/objects are present in the project area, and Contractors are responsible to abide by Florida Statutes 556.106 - Sunshine 811.
(Cl FIELD DRAWINGS/PRINTS/REPORTS
CFL is not liable for any print, survey, field drawing or report that identifies or fails to identify CFL detected utilities or objects. CFL field drawings represent the requested scope of services within designated area(s) as of date of work ; may not reflect a comprehensive utility survey of all subsurface utilities/objects; are not technical drawings created by a professional such as surveyor, engineer, or draftsman; are not drawn to scale and only depict an approximate location of referenced utilities/objects; are not created based on any type of drawing sta ndards; and are for informational purposes only.
(Dl MACHINE DEPTHS: /[Service is Provided
Machine depths are approximate readings, are not guaranteed depths, are provided for informational purposes only, and should not be relied upon for any type of subsurface work. CFL will not accept any responsibility for actions taken based on provided machine depths.
(El VERTICAL EXCAVATION (DIRT SOFT DIG): Information/Limitations: /[Service is Provided
Soft Digs are made within grassed or otherwise unpaved surface conditions to a maximum depth of approximately 8 feet to determine the depth of the utility/object. If requested, CFL also will provide the size and material type.
Soft Dig vertical depth measurements are made from the top of each exposed utility/object to the ground surface.
The vertical depth range and visual inspection ability is dependent on events such as ground water level.
Client must obtain/provide CFL with any required soft dig permits before soft dig work is performed. Client will be responsible for any permitting soft dig fines assessed by governing agency.
(Fl CORE BORE WITH VERTICAL EXCAVATION (DIRT SOFT DIG): Information/Limitations: /[Service is Provided
A Core Bore is made in asphalt or concrete to vertically expose a utility/object to determine the depth of the utility/object from the top of the utility/object to the pavement surface.
Vertical Excavation limits apply (See Item E).
Test hole will be backfilled with like materials compacted in 6" lifts or with a flowable fill mixture.
The current asphalt thickness will be replaced with double asphalt thickness.
Asphalt/Concrete Core Bore Permits are to be furnished to CFL by the client prior to work being scheduled. Client is responsible for cost of all permits, MOT, Traffic Control, and any permitting fines assessed by governing agency.
(Gl DIRECT PUSH SOIL SAMPLING: Information/Limitations: /[Service is Provided
Direct Push Soil Sampling limitations that CFL will not be held liable for include but are not limited to:
Direct push rods may not penetrate to desired depth due to subsurface sediment and/or material hardness.
Direct push rods may not penetrate through consolidated sediment, rock and/or debris.
CERTIFICATE OF INS (COi): New/Revised COi Requests - Billable Ins Endorsements Will Be Added to Project Cost
CFL's SAMPLE COi is attached for Client's review. If requested, a COi will be issued to client.
All additional endorsements must be requested in writing by client before contract is executed & work performed.
Central Florida Locating, Inc.
Associate Member of the Sunshine State One Call of Florida Corp Office {352} 793-4246	Fax {352) 793-8675
South Florida {239} 226-4262 cfI-inc.com

Parcel Report for 26-24-30-0000-00-010

LOCATE UTILITES FROM 1O' NORTH OF THE NORTH R/W TO THE LIMITS OF CLEARING ON THE SOUTH R/W (+/-400 If)

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BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation for Work Authorization/ Proposed Services

Project Name:	Medical City Drive Phase 2, Laureate Boulevard - Revision 1

Brief Description:		Geotechnical Engineering Investigation & Design Recommendations Roadway Underdrain Assessement

Name of Consultant N endor: 	D_e_v_o_E_n g..,_1_·n_e_e_ri_n_._g'-------------------

Is this work pursuant to an existing Agreement?

Yes	V	No

If so, name and date of Agreement:	 	

Is this project included in the District Capital Improvement Plan?	Yes

---	No

Are the services required contemplated in the Capital Improvement Plan?

 		Yes

1L	No

Is this a continuation of previously authorized work?

---

Yes

---	No

Proposal attached:	X Yes

---	No

Form of Agreement Utilized: 	_

Amount of Services:

Recommendation:

$ 	1,652.50	

Deny

By:	 	
arry Kaufmann, Chairman
Boggy Creek Improvement District Construction Committee

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

5500 Alhambra Drive, Orlando, Florida 3280u8	E-Mail addresss: devo@devoeng.com

ta:
BOGGY CREEK IMPROVEMENT DISTRICT
12051 Corporate Boulevard
Orlando, Florida 32817

attention: I

L_:_M_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

7
R. RidtARd LEVEY, ChAiRMAN

J :

!Jl4:
Proposal For...

0

Geotechnical Engineering Investigation & Design Recommendations,

[ MEDICAL CITY DRIVE PHASE 2!

---------- Roadway Underdrain Asse sment for...

················································---·
LAKE NONA, CllY OF ORLANDO, FLORIDA

Phone: (407)  290-2371 • Fax: (407) 298-9011	Web sit e:  http:// www.dev oeng .com

Dear Mr. Levey:

Attached is our proposal for the following general tasks for:
o	geotechnical engineering services for the roadway pavement structure (including minimum thicknesses of the pavement component), and

@	assessment of pavement areas which may require underdrains for high water table control.

Objectives

The objectives of this investigation are as follows:

1B		Provide geotechnical data within the roadway alignment and provide pavement subgrade preparation recommendations and material/thickness design for the various pavement layers, including soil suitability and any demucking-backfill recommendations.

1B	Estimation of the seasonal high water table for establishing site grades and ensuring adequate vertical separation to the surface infrastructure.

1B		Once the plans are developed, assess the stations where pavement underdrains may be required based on the calculated vertical separation between the seasonal high water table and the bottom of the roadway base course, taking into account the longitudinal roadway profile and transverse slopes.

Scope Of Work

The following scope of field and laboratory work is proposed:

O	Drill three (3) hand auger borings to depths of up to 10 ft along the proposed roadway alignment with penetrometer measurements at 1 ft vertical increments.

O	Install piezometers in all hand auger borings and measure the depth to stabilized water table in each borehole.

D	Perform visual & tactile examination and classification of extracted soil samples.

As with all Lake Nona projects, we assume that the boring locations will be staked in the field by DWMA ahead of our drilling. DWMA will also provide horizontal coordinates and elevation data (ft NAVD) at the staked test locations.

Schedule

We estimate that we can complete this work within two (2) weeks of Notice to Proceed (NTP). Please let us know if this schedule needs to be accelerated. DWMA will stake out the borings and provide elevations as per usual practice.

Estimated Fees

Our estimated "Not to Exceed" fee for each of the key tasks are itemized below:

Geotechnical field investigation and preparation of the report containing the geotechnical data and recommendations for pavement design and material/earthwork related specifications is
$1,452.50 per the attached detailed itemization in Table 1.

Pavement Underdrain Assessment: $200.00

The grand total fee estimate for the 2 tasks is: $1,65.50.

TABLE I. ITEM IZA T ION OF FEE FOR LAKE NONA PARCEL 19(
DESCRIPTION OF WORK ITEM	I	I  UNITCOST   [    QUANTITY	I	TOTAL	I
GEOTECHNICAL FIELD SERVICES
Senior Engineering Technician for Stabilized Water Table i	hr	.	$65.00	.	2.5	$162.50
··----- ··· ········ ··· -·· ·· ····-· ····· ·· ·· · -····· ··· ·· --·-· ······ ·····- ··· ·· ······ -- -- - -- -- ----- -------··  ··· -- -- ---- - --- -:-- - - --- --- - --- ····· · ···  ···· · ·· ·· · · · · ··· ·· ··· · · ···
Preliminary Site Reconnaissance	j	hr	j	$55.00	j	0.0	$0.00
········ ··························· ········ ················ ·············· ·- ---- -- - - ---- ---· - -- - ------- - ---- -·· ····· · ··· 7···········-····· ···· ··· ··· ······ -···· ·· ·· ··· ··
Mobilization	i	sum	j	$200.00	.	1.0	$200.00
· · ····· ······ · ···········   ·· ·· · · · -·· ··· ·· ·· ·· · · -· -····· ·· · ······ ·· · · - -- - - -··· · · ·· · · ············· -f··· ···· · ·· ·· ·· ··· · ···· · ·-!-· · - -·· -- -·- ·· · ·· - - -· · ·  ······· · ····· ··· · ·· ·· · ··· ·

a

Hand auger borings with piezometers: 0 to 50 ft depth	j   li n. ft	j	$13.50	j	30.0	$405.00

GJ.€3 3311Ii	ILI i.iJ.h 3.4.hlJ 313IhSSl.thJSS
Visual & tactile examination of soil samples &	hr	$50.00	1.0	$50.00 inspection of the pavement cores
DATA INTERPRETATION, ANALYSES, COST ESTIMATES & REPORT PREPARATION

!

..  . .! ? . . .  !   .	························································· ...... :......l..... .?. :  ·······  ........?·········.·............. ...  .
Project Geotechnical Engineer	hr	$100.00	1.0	$100.00

Senior-level CADD/GIS	hr	i

2.0	$140.00

· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · - · · · • • • • • • • • • • • • • • .1. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
$70.00
·········· ········ ······· ········ ·· -···· ·· ·· ·· · ·· ···· ···· ·· ····· ·· ··· ·· ···· ·· ···· ·· ···· ·· ····· ·.I.· ·· ·· ··· ··· · ·· · ··· · ·····	.. .. . .. . ... ... . .... ...	·.,
Junior Graphics Technician	hr	j	$60.00	2.0	$120.00

ADMINISTRAT iilSl ll.1.U .t.
Clerical/Technical Secretary	j	hr	j	$35.00	!	1.0	!	$35.00 I
TOTAL FOR ALL TASKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONTRACT AUTHORIZATION

If this proposal is acceptable, please review and sign the contract authorization page in the Attachment.

We appreciate the opportunity to provide this proposal for your review and trust that it covers the work needed. Please feel free to contact us if there are any questions.

eLaudiaeallafum
Claudia callahan, B.Sc.
Senior Administrative Assistant

AUTHORIZATION

To authorize this proposal, please complete the information requested and return by mail or fax.

TABLE A.I: AUTHORIZATION OF OFFER

This offer is authorized only when signed below otherwise it should be considered a draft.

Authorization signature:
.Y.JJ o   p.u..,e.ua. YY\ Devo Seereeram, Ph.D., P.E. Owner
To authorize this work, please complete the information below and return a copy of the executed authorization to: Devo Seereeram, Ph.D., P.E. LLC
5500 Alhambra Drive
Orlando, FL 32808
Phone: 407-290-2371; devo@devoeng.com

Company phone# . . . . . . . . . . . . .
Company fax# ................
Cellular/mobile phone# ........
E-mail address . . . . . . . . . . . . . . . .

Authorized Signature . . . . . . . . . . .
Print Name & Title .............
Company name................
Company address..............

.................... dayof ................................2017...............................................

Proposal Authorized on this

TABLE A.2: AUTHORIZATION BY CLIENT

TERMS & CONDITIONS OF AGREEMENT

Special terms and conditions (if any) and general conditions of this agreement are contained in the following tables.

TABLE A.3: SPECIAL TERMS AND CONDITIONS OF AGREEMENT	
1		
2		

TABLE A.4: GENERAL CONDITIONS OF AGREEMENT	
1	PARTIES AND SCOPE OF WORK: Devo Seereeram Ph.D., P.E. (hereinafter referred to as "Deva") shall be performing the work. "Work" means the specific geotechnical investigations, testing, and engineering or other service performed by Deva as set forth above. "Client" refers to the person or business entity ordering the work to be done by Deva. If the Client is ordering the work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party
for the purpose of ordering and directing said work. The ordering of work from Deva shall constitute acceptance of the terms of Deva's proposal and these General Conditions.	
2	PAYMENT: Invoices will be submitted upon completion of work or at monthly intervals for continuing projects . Payment terms are Net 30 Days, unless alternative arrangements are stated under the Specific Conditions. Charges at 1½% per month will be levied on invoices not paid within 30 days from invoice date. Client agrees to pay Devo's cost of collection of all amounts due and unpaid after 60 days, including court costs, reasonable attorney's fees, filing fees, and certified mail postage. Failure to make payment within 30 days of invoice shall constitute a release of Devo from any and all claims which Client may have, either in tort, or contract, and whether known or unknown at the time.	
3	OBLIGATION TO PAY: Deva will perform services under this agreement with professional skill and ca re. Deva does not guarantee Governmental or Regulatory Agency approval of Client's project. Client's obligation to pay for Devo's services is in no way dependent upon Client's ability to obtain financing, payment from third parties, approval of Government or Regulatory Agencies, or upon Client's successful
completion of project.	

TABLE A.4: GENERAL CONDITIONS OF AGREEMENT	
4	I ACCESS TO SITE: Client grants Devo the right of entry to the project by Devo, his employees, agents, and subcontractors in order to perform the services under this agreement. If the Client does not own the project, Client warrants and represents to Devo that Client has the authority and permission of the owner and occupant of the project site to grant this right of entry to Deva.

Deva shall take reasonable measures and precautions to minimize damage to the project site from Deva's activities and use of equipment. Client recognizes that the performance of the services included in this Agreement may cause alteration or damage to the site. Client accepts the fact that this is inherent in the work and will not look to Deva for reimbursement or hold Devo liable or responsible for any alteration or damage required to perform our scope of work. Should the Client not be the owner of the property, then Client agrees to notify the owner of the aforementioned possibility of unavoidable alteration and damage and to idemnify, and defend Deva against any claims by the owner or persons having possession of the site through the owner which are related to such alteration or damage.

Deva has not included in his fee the cost of restoration of damage which may occur. If Client desires or requires Deva to restore the site to its former condition, Deva will, upon written request, perform
additional work as is necessary to do so and the Client agrees to pay Deva the cost thereof.	
5	I DAMAGE TO EXISTING MAN-MADE OBJECTS: deleted.	
6	I SAMPLE DISPOSAL: Unless otherwise agreed, laboratory test specimens or samples will be disposed immediately upon completion of the test. All samples or specimens collected from soil borings will be disposed sixty (60) days after submission of Deva's report.	
7	I WARRANTY AND LIMITATION OF LIABILITY: Deva's geotechnical engineering services will be performed in accordance with his proposal and with generally accepted principles and practices. In performing his professional services, Deva will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of his profession. This warranty is in lieu of all other warranties and representations, either express or implied. Statements made in Deva's reports are opinions based on engineering judgement and are not to be construed as representations of fact.	
8	I INDEMNITY: Subject to the foregoing limitations, Deva agrees to indemnify and hold Client harmless from and against any and all claims, suits, costs, and expenses, including reasonable attorney's fees and court costs arising out of Deva's negligence to the extent of Deva's negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit, cause of action, claim or counterclaim against Deva, the party initiating such action shall pay to Deva the costs and expenses incurred by Devo to investigate, answer and defend it, including
reasonable attorney's fees, witness fees, and court costs to the  extent that Deva shall prevail in such a suit.	
9 I	THIRD PARTY RELIANCE: The services under this Agreement are being performed for and on behalf of the Client for the Client's exclusive use. Devo assumes no responsibility for third party use ofor reliance on Deva's findings, opinions, conclusions, or recommendations unless such use or reliance by Third Parties is authorized in writing by Deva.	
10 I	ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties, and there
are no representations, warranties, undertakings made other than as set forth herein. This agreement may be modified only in writing, signed by each of the parties hereto.	
11 I	CANCELLATION: This contract is cancellable by either party at anytime for any reason. Work performed to the time of notice shall be paid as interpolated within and defined by the contract. All such work shall become the property of the Client upon such payment.	

Devo Engineering
Consulting Geotechnical Engineers	Page 7

t5<Jt1BI-C D

BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation for Work Authorization/ Proposed Services

Project Name:	Medical City Drive Phase 2 - 2 Lane Divided Roadway Final Plat, Engineering Design, Permitting and Construction Administration
Brief Description:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Professional surveying and engineering services for Medical City Drive south of this project to the Lake Nona south boundary.
Name of Consultant N endor:	Donald W. McIntosh Associates, Inc.

Is this work pursuant to an existing Agreement?

---

Yes	No

If so, name and date of Agreement:	 	

Is this project included in the District Capital Improvement Plan?

Are the services required contemplated in the Capital Improvement Plan?

Is this a continuation of previously authorized work?

---

---

---

Yes

Yes

Yes

V		No No

---	No

Proposal attached:	X	Yes

---	No

Form of Agreement Utilized :_ _ _ _ _ _

_ _ _ _

_ _ _

Amount of Services:

Recommendation:

$ 	118,740.00	

Approve	Deny

By:

aufp(ann, Chairman
Boggy Creek Improvement District Construction Committee

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

DONALD W. MclNTOSH ASSOCIATES, INC.

Mr. Richard Levey, Chairman Board of Supervisors
Boggy Creek Improvement District
12051 Corporate Boulevard
Orlando, Florida 32817

October 13, 2017

Subject:	Medical City Drive Phase 2 (±500 If) 2 Lane Divided Roadway
Final Plat, Engineering Design, Permitting and Construction Administration DWMA Job No. 17125.001 - 17125.034

Dear Mr. Levey:

C,v1L ENGINEERS

LANO PLANNERS

SURVEYORS

2200 Park Ave. North

Winter Park. FL

32789-2355

As requested, Donald W. McIntosh Associates, Inc. (DWMA) is pleased to submit for your consideration this work authorization to provide professional surveying and engineering services to the Boggy Creek Improvement District (BCID) ("CLIENT") for Medical City Drive Phase 2 Design and Permitting (± 500 If, see attached exhibit) and 30% phased for Medical City Drive south of this project to the Lake Nona south boundary. The scope of this proposal includes preparation of a boundary survey, final plat recordation processing, utility locations, preparation and submittal of construction drawings, technical specifications and plan processing for the Medical City Drive Phase 2 roadway project. The roadway engineering design, utility systems and roadway intersections will be based on conceptual plans provided to DWMA. This proposal is based on the project being  designed  and permitted for construction in one phase and if it is determined by the BCID that the project will be phased, additional scope of services will be required. Additionally, preparation and processing of a Specific Parcel Master Plan (SPMP) to support the site design, permitting of this project and changes to the southern circulation master plan are not included herein. The final plat for this parcel (required for site permitting) will be prepared with the final plat for Lake Nona Parcel l 9C that will be contracted separately by DWMA with Tavistock Development Company, LLC (TDC). Based on direction from CLIENT this proposal  does not include engineering services to change Laureate Boulevard to a 4 lane roadway section or to add a sidewalk on Laureate Boulevard. If these services are requested, additional scope of services will be required. The fees detailed herein for the final plat are BCID's proportionate share and if it is requested that a separate plat be prepared for this parcel additional scope of services will be required. All terms and conditions will remain as set forth in the Original Agreement with Boggy Creek Improvement District dated September 8, 2003.

SECTION A - BASIC SERVICES (MEDICAL CITY DRIVE PHASE 2) PART I - PROFESSIONAL SURVEYING & MAPPING
MISCELLANEOUS LEGAL DESCRIPTIONS  AND SKETCHES - Prepare up to three (3) miscellaneous legal descriptions for the following (if required):
Drainage, Utilities and Others as needed	001	$2,000.00

Fax  407-644-8318	I
,t=:ICONTRACnPlcp12643.doc

407-644-4068

http://www.dwma.com

Medical City Drive Phase 2 (±450 If)

Design and Permitting
DWMA Job No. 17125.001 -17125.034
October 13, 2017
Page 2 o/8

UPDATED SITE BOUNDARY AND TOPOGRAPHIC SURVEY REQUIRED FOR FfNAL PLAT SUBMITTALS - Preparation of an updated site boundary and topographic survey (NAVD88 Datum) for final plat submittals and final engineering design prepared in accordance with applicable State of Florida Standards of Practice as set forth by the Board of Professional Surveyors and Mappers, Chapter SJ-17.05, Florida Administrative Code, per Section 472.027, Florida Statutes. As required by the City of Orlando, the surveys will be prepared to include the information within the title certificate provided to DWMA for the final plat submittal. If during the preparation process, additional phases or revisions are required due to CLIENT changes, additional costs will be incurred that will be contracted separately. (Required for Final Plat and engineering design submittals.)  (BCID proportional share)	002
FINAL PLAT - Preparation of one record plat for the Medical City Drive Phase 2 project for recording complete with installation of PRM' s and PCP's (one time only) as required by state and local regulation(s). Includes submittal of plat and supporting,    documents   (prepared   by   others)   to   the   City   of Orlando. This line item does not include the platting of any stormwater ponds or offsite improvements. If during the preparation process , additional phases or revisions are required due to CLIENT changes, additional costs will be incurred that will be contracted separate ly. Note: The preparation and processing of the Final Plat will be incorporated into the Final Plat for Lake Nona Parcel I 9C that will be contracted separately with Lake Nona Land Company, LLC .
(BCID proportional share)	003
FINAL PLAT STAFF AND BOARD MEETINGS - Attendance at staff and board meetings, as well as coordination  with CLIENT or CLIENT's consultants, regarding preparation and approval of the final plat are not included. Plat meetings for Medical City Drive Phase 2. (BCID proportional share) 004

$1,9 50.00

$3,495.00

$1,250.00

LOCATE UNDERGROUND UTILITIES AND SOFT DIG MEASUREMENTS - Locate existing underground utility lines along the southerly portion of Laureate Park Boulevard for the engineering design of the project as flagged by a utility locating service retained by CLIENT. DWMA will schedule a field appointment with the locating company on a one-time basis, for the purpose of locating the marked utility lines. DWMA will show the approximate location of these underground  lines  per the horizontal markings as established by the locating company

F:\CONTRACn P\cp12643.doc

Medical City Drive Phase 2 (±450 If)

Design and Permitting
DWMA Job No. 17125.001 - 17125.034
October 13, 2017
Page 3 o/8

and record the measurements of  the  depths  of  the  utilities  as provided by the utility locating  serv ic e.  DWMA  will  be responsible only for the location  of  the  flags  as  marked  by  the utility  location  service  company   (if   prov ided) .   Excavating marked locations for verification is not inc l uded . DWMA is  not liable for  showing  or  damage  to  any  utility  lines  not  flagged  by the locating company.	005
ST AKE BORINGS - Stake out and obtain existing ground elevations for ±4 borings needed for the engineering design  of the entry road.	006
STAKE CENTERLINE CONTROL AND  BENCHMARKS FOR MEDICAL CITY DRIVE PHASE 2 - Field stake  (one time) the proposed right-of-way centerline control points ( i.e., PCs, PTs, etc.) and set site benchmarks for the construction of the project.	007

SUBTOTAL SECTION A PART I

SECTION A - BASIC SERVICES (MEDICAL CITY DRIVE PHASE 2) PART II - CIVIL ENGINEERING
SITE  CONSTRUCTION	DRAWINGS (Medical City Drive
Phase 2) - Desig n, preparation and  submittal  of  construction drawings  and  technical  specifications  for  the  site  geometry , grading, pav i ng, dra in age,  stormwater  management  and  onsite civil  utility  services  for  Medical  City  Drive  Phase  2.   This  scope of services includes: (a) design of the Medical  City  Drive  and Laureate  Boulevard  intersect  io n;  (b)  design   Medical  City  Drive as  a  4  lane  section  but  only  the  2  outside  lanes  will  be constructed with  this  project;  (c)  utility  design  for  the  parcel  east of the roadway based on plans provided  to  DWMA  and  (d)  the design and permitting of the required offsite drainage outfalls  to existing SMA areas.	008

$2,300.00

$ 1,200 . 00

$900.00

$13,095.00

$24,375 .00

PREPARATION OF 30% OFFSITE ROADWAY INFRASTRUCTURE PLANS FOR THE PORTION OF MEDICAL CITY DRIVE SOUTH OF THE SITE (325 lf) Preparation of 30% offsite roadway infrastructure plans from the termination of design of Medical City Drive to the south property line of Lake Nona for future connection to the Poitras Property. The 30% design is required to ensure roadway geometry, grading, drainage and utilities are

Medical City Drive Phase 2 (±450 lj)
Design and Permitting
DWMA Job No. 17125.001 - 17125.034
October 13, 2017
Page 4 o/8
properly synchronized with the plans to be prepared as described in Section A above.	009
c. PLAN  PROCESSING  -  Process construction  plans through the City of Orlando, Orlando Utilities Commission (OUC), Florida Department of Environmental Protection (FDEP) and South Florida Water Management District (SFWMD).	010
FINAL DESIGN AND PERMITTING MEETINGS - Representation at staff meetings, negotiations, CLIENT  and team meetings and public hearings associated with design and permitting.	OIi
SFWMD ERP APPLICATION - Preparation and submittal of a South Florida Water Management District (SFWMD) application for an Environmental Resource Construction Permit (ERCP) for Medical City Drive Phase 2. Processing is included in Item "B" above. Based on the current engineering concept a dewatering permit is not required. If a  dewatering  permit  is  required additional  scope of services may be required.	012

$4,000.00

$5,750.00

$2,450.00

$6,780.00

FDEP PERMIT APPLICATIONS - Preparation and submittal of Florida Department of Environmental Protection (FDEP) permit applications for onsite water distribution and wastewater collection systems. Processing is included in Item "B" above.

013
COST ESTIMATES - Provide cost estimates for the City of Orlando permit submittal.	014
ASSIST CONSULTANTS - Coordination of Parcel l9C engineering and architectural consultants as well as geotechnical, traffic, environmental, landscape and irrigation consultants for Medical City Drive.	015
OUC ELECTRIC AND STREET LIGHTS CONDUIT PLANS - Meetings, coordination, preparation and permitting of OUC electric and street lights conduit plans for Medical City Drive Phase 2.	016
IRRIGATION AND ELECTRIC SLEEVE PLANS - Prepare irrigation and electric sleeve plans, including meetings, coordination of consultants, plan processing and distribution. This line item is for Medical City Drive Phase 2 roadway only.
017

$3,260.00

$1,600.00

$5,785.00

$5, I 00.00

$1,250.00

Medical City Drive Phase 2 (±450 lj) Design and Permitting
DWMA Job No. 17125.001-17125.034
October 13, 2017
Page 5 o/8
MASTER UTILITY PLAN - Prepare a Master Utility Plan update for water, sewer and reclaimed water mains associated with Medical City Drive Phase 2 to ensure this project is compatible and can stand alone (synchronized with the current approved Lake Nona South Utility Master Plan).	018
MASTER	STORMW ATER	MANAGEMENT	PLAN Preparation of a Master Stormwater Management Plan update to include Medical City Drive Phase 2 infrastructure  consistent with the approved Lake Nona South Master Stormwater Plan. 019
SUBTOTAL SECTION A PART II

$2,500.00

$3,000.00

$65,850.00

SECTION B - BASIC SERVICES (MEDICAL CITY DRIVE PHASE 2)

PART I - CONSTRUCTION PHASE SERVICES

PRECONSTRUCTION CONFERENCE - CITY - Attendance and coordination of City of Orlando project preconstruction conference.	020
PRECONSTRUCTION CONFERENCE - OUC -  Attendance and coordination of Orlando Utilities Commission (OUC)

$940.00

project preconstruction conference.

02/

$475.00

CONTRACTOR PAY REQUESTS - Contractor payment requests, review and approvals (for construction related to DWMA designs) and pertinent site observation (based on an estimated construction schedule of four (4) months with one visit per month for four months).	022
SHOP DRAWING REVIEW - Review (one time) shop drawing information (limited to review for general conformance with the design intent and with information given in construction documents.). Detailed geometric review along with means, methods, techniques, sequences or procedures of  construction and all safety precautions is not included and remains Contractor's responsibility.	023

$3,160.00

$2,260.00

SITE VISITS - Make site visits for observation of materials, construction and testing for the specific purpose of providing certifications listed below. Visits are to be at discretion of DWMA based on contractor's submitted construction schedule for various elements. Schedule to be required and  kept current  by contractor. Fee estimate based on an estimated 4 month

Medical City Drive Phase 2 (±450 lj) Design and Permitting
DWMA Job No. 17125.001-17125.034
October 13, 2017
Page 6 o/8
construction schedule with an average of 1 site visit per week. (This line item is based on a total of 17 site visits during construction and project certifications. If more than 17 site visits are required, each additional site visit will be billed per the rate schedule as authorized by CLIENT).	024

FDEP CERTIFICATIONS - Provide Florida Department of Environmental Protection (FDEP) standard fonn certification of completion for potable water, sanitary sewer and/or re-use water permits. Contractor to provide information and testing  as follows:
Water system pressure test
Water system bacteriological testing and reports Reclaimed water system pressure test
Sanitary sewer system leakage testing/lamping/televising As-built surveys, signed by registered surveyor

$9,435.00

025	$2,830.00

RECORD ORA WINGS - Preparation of "Record Drawings" from contractor furnished as-built survey data. The Record Drawings include preparation of updated CAD files to City of Orlando specifications with the as-built measurements reflected on the plan and profile sheets. The professional services will be billed on an hourly basis with an estimated fee (not to exceed

without prior CLIENT authorization) of	026
SFWMD CERTIFICATION - Provide certification as  required by the South Florida Water Management District (SFWMD) permit conditions.	027
FINAL PROJECT CERTIFICATION - Provide final project certification  to the City of Orlando.	028
CONTRACTOR CHANGE ORDER PROCESSING - Review and assistance with Contractor change orders. The professional services will be billed on an hourly basis with an estimated fee (not to exceed without prior CLIENT authorization) of	029
CONTRACTOR RFI PROCESSING - Review and respond to Contractor Requests for Information (RFI). The professional services will be billed on an hourly basis with  an  estimated  fee (not to exceed without prior CLIENT authorization) of	030

$3,460.00

$3,170.00

$3,630.00

$1,430.00

$1, I 00.00

BI-WEEKLY	PROGRESS	MEETINGS	AND CONSTRUCTION ISSUES ASSISTANCE - (I) Attend bi­ weekly construction progress meetings with contractor and

Medical City Drive Phase 2 (±450 If)
Design and Permitting
DWMA Job No. 17125.001 -17125.034
October 13, 2017
Page 7 of 8

owner to  review  construction  activity  and  assist  with construction issues; (2) prepare and maintain contractor activity logs; (3) provide assistance with contractor issues; (4) assist with bonding of project; and assist  CLIENT  with  expediting government processes  ,  etc.,  if  required.  The  professional services will be billed on an hourly basis with  an  estimated  fee (not to exceed without  prior CLIENT authorization) of	031
CONSULTANT COORDINATION -  Coordination  of geotechnical, structural, hardscape,  landscape  and  other consultants  during  construction  phase  of  project.  The professional services will be billed on an hourly basis with an estimated fee (not to exceed without  prior  CLIENT authorization) of	032
SITE VISITS FOR RETESTING - Construction phase testing resulting from failures or no-shows, and therefore requiring additional site visits shall be  additional  services  and  will  be  billed on an hourly basis with an estimated fee (not to exceed without prior CLIENT authorization) of	033

$3,780.00

$1,175.00

$950.00

0 .	LIMITED	AS-BUILT	MEASUREMENTS	-	As	deemed
necessary by the DWMA construction administration engineer, DWMA will survey limited as-built  measurements  of constructed  infrastructure to provide information  to the engineer
necessary for the project certifications.	034	$2,000.00	
SUBTOTAL SECTION B PART I		$39,795.00	

TOTAL SECTION A AND SECTION B		
$118,740.00	

Note: CDD material management and assistance with the National Pollutant Discharge Elimination System (NPDES) permit is not included.

II.	Compensation

DWMA will be compensated for this work at the quoted lump sum amount or at the hourly rates and direct costs established pursuant to the Contract. This  proposal  does not  include any permitting fees that are the responsibility of the CLIENT. At the CLIENT's request, all previously quoted hourly services have been converted to lump sums. This change to the scope of work detailed herein does not preclude DWMA from receiving additional compensation for services beyond the proposal's written scope, especially changes to the project, plan or requested services beyond those listed herein.

Medical City Drive Phase 2 (±450 If)

Design and Permitting
DWMAJobNo. 17125.001-17125.034
October 13, 2017 Page8 o/8

This Work Scope Authorization, together with the Contract, represents the entire understanding between Boggy Creek Improvement District and Donald W. McIntosh Associates, Inc. (Consultant) with regard to the referenced Work Author ization.

If you wish to accept this Work Authorization, please sign where indicated and return one complete copy to our office (executed electronic scanned copies are acceptable). Upon receipt, we will promptly schedule our services.

CINTOSH ASSOCIATES, INC .

cott E. Grossman , PSM Vice-President

Attachment: Exhibit

APPROVED AND ACCEPTED

[Signature]

Authorized Representative of Boggy Improvement District

Date

PURSUANT TO FLORIDA STATUTE 558.003, AN INDIVIDUAL EMPLOYEE OR AGENT OF DONALD W. MCINTOSH ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

F:ICONTRACn Plcp12643.doc

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BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation for Work Authorization/ Proposed Services

Project Name:	Boggy Creek Improvement District

Brief Description: Donald W. McIntosh Associates to provide engineering services for the

Boggy Creek Improvement District

Name of Consultant/Vendor:	Donald W. McIntosh Associates, Inc.

Is this work pursuant to an existing Agreement?

Yes

- - - No

If so, name and date of Agreement:	 	

Is this project included in the District Capital Improvement Plan?

---

Yes

---	No

Are the services required contemplated in the Capital Improvement Plan?

Is this a continuation of previously authorized work?

V	Yes

- - -

v	Yes

---	No

---	No

Proposal attached:	X	Yes

-	-	- No

Form of Agreement Util ized:- - - - - - - - - - - - -

Amount of Services:

Recommendation :

$ 	9,500.00	

t./	Approve	Deny

By:

Larry Kau f,mann:--c hai rman
Boggy Creek Improvement District Construction Committee

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

DoNALD W. MclNTOSH
Assoc1ATES, INc.

Exhibit A
Work Authorization Number 6 October l 0, 2017

Mr. Richard Levey, Chairman
Boggy Creek Improvement District
12051 Corporate Boulevard
Orlando, Florida 32817

Subject:	Work Authorization Number 6
Boggy Creek Improvement District DWMA Job No. 23218.008

CIVlL EN GINEERS

LAND P L,..,NN ERS

Donald W. Mcfutosh Associates, Inc. is pleased to submit this work authorization to provide engineering services for the Boggy Creek  Improvement  District  We  will provide these services pursuant to our current agreement dated September 8, 2003 ("Engineering Agreement") as follows:

S UAl'E YORS

I.	Scope of Work

Engineer will assist District with the preparation of the Public Facilities Report. Pursuant to Section 189.415, Florida Statutes, the Districts are each required to submit a public facilities report and annual notice of any changes to  the  local-general  purpose government in which they are located. In an effort to ensure  the Districts'  compliance with the law, Section 189.415 mandates that a report and annual notice for each District contain the following information:

2200 Perk Ave. North

Winter Park, FL

327B8-2355

Fax 40 7-644 -8 3 1 8

(a)

(b)

A description of existing public facilities owned or operated by the District, and each public facility that is operated by another entity, except a local general purpose government, through a lease or other agreement with the District. This description shall  include the current  capacity of the facility, the current demands placed on the facility, and its location. [This information shall be required in the initial report and shall be updated every five (5) years at least 12 months prior to the submission date of the evaluation and appraisal report of the appropriate local government required by Section 163.3 I 91, Florida Statutes.]

A description of each public facility the District is building,  improving, or expanding, or is currently proposing to build, improve, or expand within at least the next five (5) years, including any facilities that the District is assisting another entity to build, improve, or expand through a lease or some other agreement with the District. For each facility identified, the report shall describe how the District currently proposes to finance the facility.

407-844-4068
F:\CONTRAcnP\cp12648.doc

http :// www.dwma .corn

t

Boggy Creek Improvement District Work Authorization Number 6 October 10, 2017
Page 2

If the District currently proposes to replace any facilities identified above· within the next 10 years, the date when such facility will be replaced.

The anticipated time the construction, improvement, or expansion of a public facility will be completed.

The anticipated capacity of and demands on each public facility when completed. In the case of an improvement or expansion of a public facility, both existing and anticipated capacity must be listed.

U.	Compensation

Engineer will be compensated for this work at the hourly rates established pursuant to the Engineering Agreement. (Not to exceed without prior Client authorization.)
008 $9,500.00

III.	Other Direct Costs

Other direct costs include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the Agreement.

This proposal, together with the Engineering Agreement, represents the entire understanding between the Boggy Creek Improvement District and Donald W. McIntosh Associates, Inc, ( Engineer) with regard to the referenced work authorization . If you wish to accept this work authorization, please sign both copies where indicated and return one complete copy to our office. Upon receipt, we will promptly schedule our services.
Thank you for considering Donald W. McIntosh Associates, Inc. Since rely,

°/L

DONALD W . MCINTOSH ASSOCIATES, INC.
(5 d;, 	fl dfr;n
John M. Florio, P.E._
Executive Vice President

APPROVED AND ACCEPTED

By:		 Authorized Representative of
Greenway Improvement District

Date:	 	

F:IContract\F,cp12648.doc
DONALD W. MclNTOSH Associates, Inc.
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789-2355 • (407) 644-4068 • FAX [407) 644-8318

                 DATE:
DONALD w. MclNTOSH	TO:
Assoc1ArEs, lruc.

FROM:

RE:

MEMORANDUM

October 17, 2017

Boggy Creek Improvement District Board of Supervisors

Donald W. McIntosh Associates, Inc:.,ti District Engineer	-.,1'"

Construction Contract Status

Dear Board Members,

Please accept this correspondence as a current summary of our construction contract status. Listed below by project is a brief summary of recent contract activity. A copy of the latest Change Order Log is attached.

Lake Nona Blvd. Road L to Boggy Creek Road, and Sanger Road Extension

CIVIL ENGINEERS

LAND PLANNERS

SURVEYORS

2200 Park Ave. North

Winter Park, FL

32789-2355

Fax407-644-8318

407-644-4068

http://www.dwma.com

Construction Status: The final project certification package was submitted to the City of Orlando on June 27, 2017 and included the drainage pipe manufacturer's written acceptance of the drainage pipe repairs and their certification of the integrity of the drainage system. The updated maintenance bond for the project was received from the Contractor and submitted to the City on July 5, 2017. Following receipt of all final documentation from  the Contractor and as directed by the Board of Supervisors, release of the contract retainage was authorized by the District Engineer. District Staff is following up with the City on  the  project acceptance letter and Certificate of Completion.

Change Order (C.O.) Status: Change Order No. 19 in  the  amount  of  $15,670.00  for  deficiencies which must be corrected under  the  terms  of  the  developer's  one-year  warranty with Orange County. NOTE:  This change order addresses all but the last item included  on the County's inspection letter (copy attached). The last item in the letter is a request by Orange County to pump down the stormwater system for inspection. Jr. Davis Construction submitted a separate change order request totaling $52,470.25, which we immediately rejected. Jr. Davis Construction responded with a request for us to reconsider. For back-up support of our position and after discussing the issue with District Counsel, we requested a specific Specification reference from Orange County to support their request and were verbally advised that no such item exists in the County Codes or Specifications. We have reached out to County Managers to discuss the issue further. The County closed their letter by effectively threatening to cash the Contractor's Maintenance Letter of Credit if the items included therein are not addressed.

Recommended Motion: Approve Change Order No. 19 in the amount of $15,670.00 and authorize District Engineer to execute Change Order.
Should there be any questions, please advise. Thank you.
End of memorandum.
c:		Mr. Larry Kaufmann Ms. Patrice Ragusa Jason Good, P.E. James C. Nugent, P.E.

F:\Proj2003\232l 8\ENGadmin\C\ecl 395.docx

LAKE NONA SOUTH
Boggy Creek Improvement District
Lake Nona Boulevard Road "L" to Boggy Creek Road Change Order Log
Jr. Davis

1	8/18/2014	MOT Plans	0	$	4,077.50	Approved	$	7,602,225.65	9/15/14 revision to
board 10/20/14	10/20/2014	Revised from $3,500 due to charges
included for markup and bond	

£	
8/20/2014	
Cost to line the wet well.			
REJECTED	
$	7,602,225.65	
9/15/2014	
9/15/2014	
City has said no liner is needed.	

not

9/9/2014	Change Order for revised plans dated	$	315,511.55     Approved	$	7,917,737.20	9/15/2014	9/15/2014 4/14/2014

1	9/22/2014	
	3/11/2015	
§	Revised 5/19/15	

§	
3/16/2015	

7	
5/18/2015	

8	
6/8/2015	

9	
6/17/2015	

Changes for plan revisions dated 7/28/14 and	0	$	(40,122.59)    Approved	$	7,877,614.61	9/20/2014	10/20/2014 8/21/14.

	Approved up to amount. Still in pending	
$	98,321.05	Approved	$	7,975,935.66	3/16/2015	3/16/2015	agreement. Revision approved on 5/19/15	

$	
(18,921.00)	
Approved	
$	7-,957,014.66	
4/20/2015	
4/20/2015		

$	
7,786.51	
Approved	
$	7,964,801.17	
6/15/2015	
6/15/2015		

$	
7,975.00	
Approved	
$	7,972,776.17	
7/20/2015	
7/20/2015	
REVISED amount	

,$	
43,845.00	
Approved	
$	8,016,621.17	
7/20/2015	
7/20/2015		

$	
16,672.00	
Approved	
$	8,033,293.17	
7/20/2015	
7/20/2015		

Add power conduit on the Lake Nona Blvd. plan changes were per the OUC design revision dated 2/4/15

Remove street signs and regulatory signs from contract

Place and compact fill at the future Lift Station Site LS#9

Additional DOT Signage and removing and replacing thenmoplastic striping.

Installation of 2" lighting conduit

10	7/17/2015 Extending electic conduit outside of pavement

11

7/17/2015     Installation of 2" traffic signal interconnection	$	45.450.00	Approved	$	8,078,743.17	7/20/2015	7/20/2015 as requested by City of Orlando.

12	9/8/2015	Relocate Electrical Pull Boxes $4725	Revised to	$	8,078,743.17	9/21/2015	9/21/2015 CONo.14

13	9/17/2015     Removal of existing pavement markings and	$	3,895.00	Approved	$	8,082,638.17	9/21/2015	9/21/2015 placement of new striping.

LAKE NONA SOUTH
Boggy Creek Improvement District
Lake Nona Boulevard Road "L" to Boggy Creek Road Change Order Log

Distress

County

Jr. Davis

14	
9/8/2015	
Relocate Electrical Pull Boxes $4725		
$	4,725.00	
Approved	
$	8,087,363.17	
9/21/2015	
9/21/2015		

15	
1/24/2016	

Direct Owner Purchase Deduction		
$	(2,335,698.65)	

Approved	
$	5,751,664.52	
1/25/2016	
1/25/2016	

Approved by all in for signature	
16	1/28/2016	
MOT for Aadlt1onal Thermo Striping		$	3,173.75	
Approved	$	5,754,838.27	2/22/2016	2/22/2016		

17	2/3/2016	Installation of (3) 2" Sleeves		$	991.29	
Approved	$	5,755,829.56	2/22/2016	2/22/2016		
18	12/15/2016   Lake Nona Blvd. - Isolated Pavement	$	124,285.00	
Approved	$	5,880,114.56	12/20/2016	12/20/2016	
19	9/26/2017    Boggy Creek year end walkthrough with	$	15,670.00	
Pending	$	5,895,784.56	10/17/2017		

1:Y

GOVERNMENT
I'    I.   0	R    I     lJ   ,\

PUBLIC WORKS DEPART1\1ENT II DEVELOPMENT ENGINEERING DIVISION DIANA M. ALMODOVAR, P.E., Manager
4200 South John Yottng Parkway• Orlando, Florida 32839-9205
407-836-7974• Fax: 407-836-8003
ail: diu11a.almodovar@ocfl.net

CERTIFIED MAIL

August 23, 2017

Mr. Robert Hom Greenway Park I, LLC
6900 Tavistock Lakes Boulevard, Suite 200
Orlando, Florida 32827

Subject: Boggy Creek Road/Lake Nona Blvd. Intersection Improvements 13-E-093

Dear Mr. Hom:

In  preparation  for  "Acceptance  for  Maintenance"  of  the  subject  project   by Orange County, a joint final inspection was conducted by representatives of the Development Engineering  and  Roads  and  Drainage  Divisions  (Luis  Alvan, Hammad Mohammad, John Wiggins and Vernon Carruthers).

Deficiencies which must be corrected under the terms of the developer's one-year warranty which is effective until November 1, 2017 are:

Streets and Drainage:
Officially transfer all stormwater permits to Orange County as part of the acceptance for maintenance if applicable.
Repair asphalt at intersection marked with pink paint.
Remove/replace sidewalk marked with pink paint.
Clean asphalt concrete spill on curb and pavement marked with pink paint.
Replace Right Lane Ends sign.
Replace missing sign on NB Boggy Creek (check plans to determine type of sign)
Raise utility box at NE comer of intersection and repair concrete.
Re-epoxy Traffic loop at NE comer of intersection.
Replace missing RPM.
I 0. Need to schedule an inspection of the drainage system after properly pump the water out.

Please  arrange  to  have  these  deficiencies   corrected   prior   to  October   18,  2017 or supply this office with a ninety (90) day extension  to  your  Letter  of  Credit.  Should you fail to take the necessary action to correct these deficiencies and no extension is received Orange County will make demand upon your Letter of Credit.

By copy of this letter, your surety Iberiabank is advised that should you fail to correct these deficiencies, Orange County may place demand against your Letter of Credit #8997 in the amount of$115,121.37.

l

Please contact John Wiggins @ 321-316-8249 at this office when beginning work. Should you have any questions about these deficiencies, please contact this office at (407) 836-7910.
st\\,
Luis A. Alvan, Esq., P. E.
Chief Engineer LAA/sa
cc: Deodat Budhu, P. E., Manager, Roads and Drainage Division
Mike Drozeck, P. E., Chief Engineer, Stonnwater Management Division Tim Jones, Chief Inspector, Utilities Construction Division
Larkin Cockram, Senior Inspector, Development Engineering Division
Hammad Mohammad, Assistant Senior Inspector, Development Engineering Div. John Wiggins Project Jnspector, Development Engineering Division
Iberiabank

I
-
'illlllll

Boggy Creek Year End Walk RCO

-

JR. DAVIS CONSTRUCTION
210 South Hoagland Boulevard Kissimmee, FL, 34741

Jr, OgyiJ Constnittion Compony, Im:,

Contact: Phone: HCSS:

Jimbo Bjorkland 407-870-0066
1784-CO3

Quote To:	John Florio, PE
Greenway Improvement District

Proposal Date:	9-26-17

ITEM	
DESCRIPTION	
QUANTITY	
UNIT	
UNIT PRICE	
AMOUNT	
100	General Conditions	1.00	LS	4,000.00	4,000.00	
110	Replace Missing/Damaged Signs & RPMs	1.00	LS	1,245.00	1,245.00	
120	Replace Two Sidewalk Panels	1.00	LS	2,175.00	2,175.00	
130	Remove Concrete Dumped on Curb & Asphalt	1.00	LS	545.00	545.00	
140	Repair damaged Asphalt@ Intersection (2 Locations)	1.00	LS	2,385.00	2,385.00	
150	Level Telecom Box and Pour Concrete	1.00	LS	1,625.00	1,625.00	
160	Repair Sidewalk, Level Box, Repour Sidewalk	1.00	LS	1,710.00	1,710.00	
170	Replace Asphalt in Oil Spill Area	1.00	LS	1,985.00	1,985.00	
GRAND TOTAL	$15,670.00

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