Myrtle Creek Improvement District
12051 Corporate Boulevard Orlando, FL 32817; 407-382-3256
11•11·11·.mrrtlecreekid. vrg

The following is the proposed agenda for the Meeting of the Board of Supervisors for the Myrtle Creek Improvement District ("District"), scheduled to be held at 4:30 p.m. on Tuesday, January 16, 2018 at 6900 Tavistock Lakes Blvd, Suite 200, Ol·lando, Florida 32827. A quorum will be confinned prior to the start ofthe meeting.

For those unable to attend in person, you may participate by telephone: Phone: 1-877-864-6450	Participant Code: 933751

BOARD OF SUPERVISORS' MEETING AGENDA
Organizational Matters
Roll Call to Confirm a Quorum
Public Comment Period
1. Consideration of the Minutes of the December 18, 2017 Board of Supervisors' Meeting
Consideration of Resolutiou 2018-02, Election of Officers
Business Matters
Consideration of Amended & Restated Personnel Leasing Agreement with Tavistock Development Management, LLC

r,pplicable)

Ratification of Operation and Maintenance Expenditures Paid in December 2017 in an amount totaling $81,567.47
S.	Recommendation of Work Authorization/Proposed Services (if
Review of District;s Financial Position and Budget to Actual YTD
Other Business
Staff Reports
District Counsel
District Manager
Distdct Engineer
Construction Supervisor
Audience Comments, Supervisor Requests

Adjournment

MYRTLE CREEK IMPROVEMENT DISTRICT

Minutes of the December 18, 2017 Board of Supervisors' Meeting

MYRTLE CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Myrtle Creek Improvement District was called to order on Monday, December 18, 2017 at 4:30 p.m. at 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827. Board Members listed below constituted a quorum.

JeffMacre Donald Tubbs Bob Da Silva Kam Shenai Kyle Scholl

Also present were:

Joe MacLaren Jennifer Walden Tucker Mackie JeffNewton Larry Kaufmann Stephen Flint John Florio

SECOND ORDER OF BUSINESS

Chair
Assistant Secretary Vice-Chair Assistant Secretary
Assistant Secretary	Goined at 4:31 p.m.)

Fishkind & Associates Fishkind & Associates Hopping Green & Sams
Donald W. McIntosh Associates Construction Supervisor Tavistock Development
Donald W. McIntosh Associates (via phone at 4:32 p.m.)

Public Comment Period

Mr. MacLaren noted that there were no public comments at this time.

THIRD ORDER OF BUSINESS		Consideration of the Minutes of the November 21, 2017 Board of Supervisors' Meeting

Board Members reviewed the minutes from the November 21, 2017 Board of Supervisors' Meeting. Mr. Scholl joined the meeting in progress at 4:31 p.m.

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On Motion by Mr. Macre, second by Mr. Da Silva, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District approved the Minutes ofthe November 21, 2017 Board of Supervisors' Meeting, as presented.

FOURTH ORDER OF BUSINESS		Consideration of Third Addendum to the Personnel Leasing Agreement with Lake Nona Management Company

Mr. MacLaren noted that he was alerted that the appropriate party should actually be Tavistock Development Management, LLC. He explained that the District's Developer who used to own all the land within the District has personnel staff that are trained and qualified and able to help out in keeping the landscaping and maintenance contractors in line. They have offered their services to the District free of charge and this Board could enter into this agreement and allow for the persons that are named in the agreement, Mr. Scott Gasaway and Mr. Stephen Flint, to provide those services. Mr. MacLaren noted that the other two Districts, Boggy Creek ID and Greeneway ID, have approved this agreement. He provided an updated organizational chart. Ms. Mackie expressed that the entity in the indented language at the top of the agreement is identified as Lake Nona Management Company, LLC but is now Tavistock Development Management, LLC. Ms. Mackie proposed to bring back to the Board an actual Personnel Leasing Agreement with the appropriate entity that will no longer be an addendum but will replace the individual currently listed in the Personnel Leasing Agreement which is Ms. Patrice Ragusa and replaces her with the two individuals that Mr. MacLaren previously mentioned. She noted that there will be a similar change in entity to the Personnel Leasing Agreement that the District has for Construction Supervisor Services.

Mr. Macre asked Ms. Mackie if that means that Tavistock will then be managing landscaping. Ms. Mackie explained that Fishkind & Associates as well as the Tavistock group continues to work with the contractors. When the three Districts were formed there was an overall aesthetic that they wanted to be maintained development wide. It was determined that it would make sense to have someone who is identified on the constructions side and on the landscape side as well. It has benefitted the Districts to have someone on staff who could oversee the entire maintenance plan of all three Districts and specifically to the individual needs of each one. It reduces costs for the District to have them perform that function. Ms. Mackie noted that instead of the third addendum they are seeing in the agenda package it will be a new Personnel Leasing Agreement with Tavistock Development Management, LLC as opposed to a third addendum to an old leasing

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agreement with an entity that no longer exists. Mr. Shenai asked if this will have any impact on the budget. Ms. Mackie responded that it has no impact on the budget and the individual who is identified in the Personnel Leasing Agreement has also served on the Construction Committee. There has been no proposed change to that as Ms. Ragusa still serves that role well and she will still sit on that committee. Mr. MacLaren stated that from a day to day operations perspective Mr. Reed will continue to work with Mr. Flint and the rest of the group.

Mr. Da Silva noted that his main concern was that he had never seen any cost, bill or invoice. Ms. Mackie said that there is a nominal amount in there and the only reason two people are listed is in the event that one person is unavailable the second person is also authorized to deal with the vendors directly and the agreement provides for that. He asked if she would come back with a new agreement and she confirmed. Mr. Macre requested the original Personnel Leasing Agreement to compare with the new agreement. Ms. Walden stated that she was able to find the original and the only change in the first and the second addendum is changing the individual. Ms. Mackie explained that it is a roster change and the District has done this twice before. There is no action required by the Board today. Mr. Macre asked what the purpose was of not just listing the position as opposed to the person. Ms. Mackie explained that the thought was because the District needed specific direction to authorize that person to interact with the vendor as opposed to someone who works for Fishkind which as a management entity is authorized.

FIFTH ORDER OF BUSINESS		Consideration	of	Public Facilities Report

Mr. MacLaren explained that the District is required to update this report every seven years and submit it to the local government so upon review and approval District staff will submit it to the City. He noted that it will also be available on the District's website. Mr. Shenai stated that he was recently looking for this and asked if the District had a mission statement. Mr. MacLaren said that his company manages over 80 CDDs throughout the State and he doesn't think any of them have a mission statement. Ms. Mackie noted that the preamble to Chapter 190 which is the enabling legislation for all CDDs, there is a good overview for the reason being for all Community Development Districts within the State of Florida. Ms. Mackie noted that she will send a copy of Chapter 189 and 190 to Mr. Shenai. Mr. MacLaren said that just because none of the other Districts have mission statements doesn't mean that Myrtle Creek can't have one. Mr. Shenai offered to create one. Mr. Macre stated that Lake Nona as a whole has a pretty solidified mission statement, vision, and concept for the community as a whole. Mr. Shenai said that if someone asked him what the CDD does, he wants to be able to give a very crisp and powerful statement for which he does not have yet and noted that all the Board Members should be able to do it. Ms. Mackie said that some resident controlled Boards set up workshops to talk about things in the community and one another on what they would like to see in the next few years.

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On Motion by Mr. Scholl, second by Mr. D. Tubbs, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District approved the Public Facilities Report.

SIXTH ORDER OF BUSINESS		Ratification of Requisition Nos. 476 - 477 Approved in November 2017 in an amount totaling $1,054.63

Board Members reviewed Requisition Nos. 476-477 which were approved in November 2017 in an amount totaling $1,054.63.

On Motion by Mr. Scholl, second by Mr. D. Tubbs, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District ratified Requisition Nos. 476 - 477 Approved in November 2017 in an amount totaling $1,054.63.

SEVENTH ORDER OF BUSINESS		Ratification of Operation and	Maintenance Expenditures Paid in November 2017 in an amount totaling $32,549.12

Board Members reviewed the Operation and Maintenance Expenditures paid in November 2017 in an amount totaling $32,549.12. Mr. MacLaren noted that the summary of those payments can be found behind Tab 5 in the agenda package. Mr. Macre stated that he noticed that BrightView charged and then credited the District multiple times and wanted to ensure that Mr. Reed was keeping them honest to charge the District the correct amount. Mr. MacLaren answered that he is and Ms. Lane is running the payments to them through him as well. He asked why the District would be charged and credited by BrightView. Mr. MacLaren said he wasn't sure why the District has the charge backs and will ask the Accountant. Mr. Macre said that some of the charges are listed two times or charged and credited. Mr. MacLaren noted that the summary isn't clear and noted that the District Manager is requesting the approval of two payments for BrightView, one for October and one for November. Mr. Macre noted that the Payment Authorizations for BrightView don't match the ledger. Ms. Walden noted that the BrightView Payment Authorization

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on No. 326 was paid in December which is why it is not showing up on the ledger because the ledger is only for the November updates.

On Motion by Mr. Macre, second by Mr. Da Silva, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District ratified the Operation and Maintenance Expenditures Paid in November 2017 in an amount totaling $32,549.12.

EIGHTH ORDER OF BUSINESS		Recommended	Work Authorization/Proposed Services

Mr. Kaufmann stated that there are some Work Authorizations for this District. He explained that the first is for design and construction services with DWMA for the Performance Drive Phase 3 (Minutes Exhibit A) and the graphic on the last sheet of the proposal depicts the area. He noted that it is for 2,500 lineal feet ofa four-lane roadway and this project continues on the existing road that is there and there are some modifications to the intersection to accommodate the roadway as part of this agreement. This project is in a Funding Agreement with the Developer and there are no bond proceeds available for it and will be completely funded by the Developer until such time as bonds are sold. Mr. Da Silva asked if it includes a signalized intersection. Mr. Kaufmann said that it does not include a signal and there would be a separate proposal issued if the signal is warranted. Mr. Da Silva asked if there will be crosswalks at that intersection. Mr. Kaufmann noted that there are no crosswalks at that intersection at the current time but he will make sure it does. Mr. Da Silva said the District needs to have a legal and safe way to cross the street at that intersection and wants to make sure that there is a complete scope of work in there. Mr. Kaufmann noted that once it is submitted to the City and if it was not in there they would add it anyway but he will make sure that a complete crosswalk system at that intersection is included. Ms. Mackie asked Mr. Kaufmann if the Developer has reviewed this too because she wants to make sure that they sign off on it before the District enters into the work authorization so any comments they might have are incorporated. Mr. Kaufmann noted that the Developer has seen it although it was revised today so they have not seen the revisions. Ms. Mackie asked that the Board's approval be subject to further review, comment, and acceptance by the Developer. Ms. Mackie noted that this is outside of the current Master CIP that the District adopted and used bond financing for. The District had approved a Wellspring Performance Drive CIP that identified an additional project for which existing residents would not be responsible for but the serviced property that benefits from this aspect may be assessed ultimately. Ms. Mackie noted the District acquired a portion of this right-of-way known as Wellspring fully completed and the Developer engaged in the construction of that right-of-way and now that this work is in an approved Engineer's Report the District is the

5

proper party to contract for this work. Ultimately when the bid goes out it will go out through this District to publicly bid that project to the list of prequalified contractors who will ultimately construct it even though the Developer will fund it until such time as bonds are issued ifthey are.

On Motion by Mr. Macre, second by Mr. Scholl, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District approved the Work Authorization for design and construction services with DWMA, Inc. for Performance Drive Phase 3 in the amount of
$330,195.00 subject to review, comment and acceptance by the Developer.

Mr. Kaufmann explained that the second Work Authorization is from DEVO Engineering for geotechnical services in the amount of $8,440.00 (Minutes Exhibit B). He added that this is also funded through the Developer Funding Agreement.

On Motion by Mr. Scholl, second by Mr. D. Tubbs, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District approved the Work Authorization from DEVO Engineering for geotechnical services in the amount of $8,440.00.

Mr. Kaufmann presented a Work Authorization from CFL Geological Solutions for the investigation of underground utilities and pipes for Performance Drive Phase 3 in the amount of
$8,735.00 (Minutes Exhibit C). He also noted that this is also funded by the Developer.

On Motion by Mr. Scholl, second by Mr. Da Silva, with all in favor, the Board of Supervisors for the Myrtle Creek Improvement District approved the Work Authorization from CFL Geological Solutions for the investigation of underground utilities for Performance Drive Phase 3 in the amount of $8,735.00.

NINTH 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 stated that through the first two months of the District's fiscal year

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the District had incurred $57,000.00 in actual expenses vs. a budget of $111,000.00. The District is currently under budget. There was no action required.

TENTH ORDER OF BUSINESS	Staff Reports

District Counsel - District Manager - District Engineer -

No Report No Report
Mr. Florio noted that the individuals at Universal Sign are working on the last parts of the RRFB that the City was asking for so that will get re-inspected. He also explained that he received feedback about additional signage at the Interchange where it connects to Lake Nona Boulevard and noted that they are out with an RFP now to select a new sign Contractor. They told Mr. Florio that they would be happy to deal with the signs but it would be 3-5 months before they can get it done because of their procurement process. He and the Chair discussed reaching out to them and offering to fund it if it can be done quicker but he has not received a reply back. The signs could probably be built for $2,500.00 but the question Mr. Florio noted is how quickly they could do it if the District doesn't wait for them to get a new vendor. Mr. Florio was going to ask CFX if they can get it done quicker if the District pays for it. Mr. Florio noted that the Board could take up a motion today to allocate some amount of money to funding these two signs provided CFX agrees to get them done within 60 days instead of waiting for the procurement process. Mr. Floria's suggestion is a motion authorizing a not-to­ exceed amount of $2,500.00 provided CFX agrees to install the two signs within 60 days. Mr. Macre asked Mr. Florio if the District needs to do the wrong way signs. Mr. Florio stated that those are already existing and planned to stay. They would be adding two yield to pedestrian crosswalk signs. Mr. Florio noted that the District is in their right-of-way and must comply with their requirements. Mr. Da Silva raised concerns about the costs. Mr. Florio suspects that the District can get the cost shared by all three Districts as a maintenance item. The Board discussed any liability issues. Ms. Mackie noted that if the District chooses to wait they will not incur any additional liability for that wait time. Mr. Macre asked if the District can stay on top of CFX installing the signs. Mr. Florio

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agreed that he can do that. The Board Members decided that the District will wait and let CFX handle the installation.

Construction Supervisor - No Report

ELEVENTH ORDER OF BUSINESS		Supervisor Requests, Audience Comments & Adjournment

Mr. Shenai discussed the flickering floodlights. Mr. MacLaren noted that Mr. Reed said they will be removed tomorrow. Mr. Shenai noted that there is one light that was not on at all which is located on Narcoossee taking a left on Lake Nona Boulevard and the right monument has no lights. He asked if there is an inventory of lights that are not working. Mr. Macre noted that Mr. Reed identified all the lights that have failed or not meeting the functionality of the normal lights. He added that the Board previously looked at the cost of fixing some of the lights or replacing them and it was more cost effective to replace all of the large lights which is what took so long. The ones being removed tomorrow are the flickering lights and all of the lights that have failed. Ms. Walden noted that the shipment is going out on Thursday and Mr. Reed has them ready to go so as soon as they come in they will be replaced. Mr. Macre noted that some of the sconces were damaged or fell offduring the storm. Mr. MacLaren will get the inventory list from Mr. Reed and circulate it to the Board Members.

Mr. Shenai asked about the sinkhole issue and asked if there was an official statement regarding the cause of the sinkhole. Ms. Mackie stated that the District does not control the right-of-way in which it occurred and the City has the responsibility for the additional right-of-way as well. So, the District has no position and does not have any information other than what has been in the news reports. She added that the District isn't going to make any statements on the record because the District does not have any responsibility for this and she wouldn't want anything included within the minutes of this District that would suggest otherwise. Mr. Da Silva said that there could be a discussion outside of the Board meeting as it is not a Board item.

Mr. Shenai brought up that at the last Board meeting the Board talked about the tree that had fallen and the next day it was gone but there is still a depression in the mound and asked if there was any progress on that. Mr. Kaufmann said that it should be included in the scope of work. Mr. Flint stated that they are waiting because it is cheaper to remove the stump out when the tree is replaced so that the District does not pay double for the machinery.

Mr. Flint noted that he thinks the District is seeking FEMA reimbursement for some of the lights on the bridge that were damaged. Ms. Walden said that the District is going to try and noted that

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it is a very lengthy process and there are certain things that they will and will not cover and the District must follow their rules and guidelines. Mr. MacLaren introduced Stephen Flint to the Board. He is the individual being proposed to add to the Personnel Lease Agreement. Mr. Macre brought up issues with streetlights being out down the whole strip around Village Walk. Mr. Da Silva mentioned some issues with the KPMG site and he wants to make sure that Mr. Flint and the Fishkind group are monitoring the construction as it is finishing up and the District is sure all the landscape is repaired, the trails are repaired and making sure everything is enforced. Mr. Flint said that he has been on top of them and told KPMG that he does not think they included all ofthe damage that their employees are doing and some ofthat was in getting the irrigation repaired to. He doesn't think that they knew when they cut the irrigation it shut off1,000 feet ofroadway. It is now reconnected and he has told them that the District will bill that to the job as the District is not picking up the bill for that.

On Motion by Mr. Scholl, second by Mr. D. Tubbs, with all in favor, the December 18, 2017 Meeting ofthe Board ofSupervisors for the Myrtle Creek Improvement District was adjourned.

Secretary/Assistant Secretary	ChairNice Chair

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M�ll:tit	(Jfft�
"13666¥ CRE� IMPROVEMENT DISTRICT
Recommendation for Work Authorization I Proposed Services
Project Name:	Performance Drive Phase 3

Brief Description:	Survey, Design, Redesign of LN Blvd.

Name of Consultant /Vendor:

-DW-M-A, -Inc-.

-------------------

Is this work pursuant to an existing Agreement?	·    / Yes	/	No

Ts this project included in the District Capital [mprovement Plan?	 	

Yes

No

If so, name and date of Agreement:	£Vt� �I/&/,;,1/t��

Are the services required contemplated in the Capital Improvement	 	Yes	/	No

Is this a continuation of previously authorized work?

Proposal attached:	/	Yes	 		No
Form of Agreement Utilized:
Amount of Services:	$	330,195.00

Recommendation:	/	Approve	Deny

Yes	v	No

By:

La
B.0!!5 CiwJ.::-lmprovement District Construction Committee
Met()

c:	Joe MacLaren Jennifer Walden Tucker Mackie John Florio

I

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IOoruALO W. McllurosH Assoc1ATES, 11\!c.

Mr. Jeff Macre, Chairman
Myrtle Creek Improvement District
1 205 I· Corporale Boulevards Orlando. r-L 328 17 

December 1 1 , 20 17 
REV ISED December 1 8, 2017 

Jl l\ll 'fi l'f'I

2200 P<1rk Av,�. NiwLh

Wlnter P,,rk. H.
32/89-::>355

407-644 -4088
Ill l4J.//1MMv. dwrm1. con r

ubject:		Perfo,mance Drive Phase 3 (:t-2,500 If) Survey, Design, Redesign of Lake Nona Blvd. Tntersection ( :1-1 200 I t) and Permitting and Construction Phase Services (South End of Performance Drive Phase 2 to Lake Nona Blvd)
DWMA Job No. 171 72.00 I	171 72.04 1
Dt:ar Mr. Macre:
As requested, Donald W. McIntosh Associates, Inc. (OWMA) is pleased to submit for your consideration this work authorization to provide profess ional surveying and engineering services lo the Myrtle Creek Improvement District (MCI D) (''CLIENT") for Performance Drive Phase 3 (±2500 If of 4-lane div ided roadway) from the south end of Performance Drive Phase 2 ( f/k/a USTA Boulevard Phase 2) and redesign of Lake Nona Blvd. inlersection (:k 1 200 H) (''Pr�ject"). The scope of this proposal includes preparation of a boundary survey, preliminary plat, final plat recordation and processing, utility locations, preparation and submittal of constrndion drawings and technical specifications, design of the offsite stormwater ma,iagemenl system, plan processing and construction rhnse services.
The engineering design for the master stormwater system and utility systems will be based on conceptual plans provided to DWMA and direction from CLIENT. The preliminary plat/final plat will include Performance Drive Phase 3. l'he final engineering will incl ude construction  drawings  and   technical  specifications  for  Performance  Drive.  the  offsite stormwatcr management system and li ft station LS-P9. If signalization is required at Lake Nona Boulevard, the design and permitting or the signal design and roadway design modi fication will be undertaken by the project traffic engineer under separate contract (not included herein).
As directed by CLI ENT, Performance Drive Phase J will be designed and pem1ittcd as a four lane divided roadway section constructed in one phase and will include the design of the intersection improvements at Lake Nona Boulevard. tr it is detennined that the roadway construction will be phased, additional scope of services will be required. This proposal also includes the design a11d permining or the requi red modifications to the existing improvements within Lake Nona Boulevard for Performance Drive Phase 3 based on a traffic report provided to DWMA. Traffic signalization, if required, will be by others. If additional parcels arc determined to be included with the final plat, an additional scope of services will be required.	Maintenance of traffic (MOT) plans are not i ncluded and if req uired will be provided by the CLIENT. CLIENT will be responsible for the preparation and processing ofa Specific Parcel Masler Plan (SPMP) for the project (if required) that will be processed concurrently with the Prelimi nary Plat.	The preparation and processing of Specific Parcel Master Plans (SPM P), Planned Development (PD) Amendment and the Development Order ( DO), if req uired, to support the site design and perm itting ofa new fu ll access location on Lake Nona Boulevard will be undertaken by others and is not included
\.p \CONTRACDP\cp12733 Cloe

Mr, JeffMacre
Myrrltt Creek lmproveme11t District
Re:  l',:,jormcmce Drive I'hC1se J (.J.2,500 lj) Survey, Desi�n.  Redesi[!.11 of Lake Nona Blvd.
J111ersectio11 (�l 200 (I) and Per111i1ti11g and Constr11clio11 Phase Service,v (South End ofPe1.f<m11a11ce Drive Phase 2 lo Lake No11a B/\•d.)
DWMA Job No. 171 72.001	1 71 72.0-11
Date: December I I, 20 1 7, Revised Dece/1/ber 18. 2017 Page 2 q.f JO

herein. If these services are requested, additional scope of services will be req uired. All terms and conditions will remain as set forth in the Original Agreement with contract with Myrtle Creek Improvement District dated September 8, 2003.

SECTION A - BASIC SERVICES
(Performance Drive Pha:;;e 3) 
PART I - PROFESSIONAL SURVEYING & MAPP I.NG
SITE BOUNDARY AN D TOPOGRAPHIC SURVEY REQUIRED f'OR PRELIM INARY PLAT SUBM ITTAL - Preparation of a site boundary and topographic survey (NAVD88 Datum) of the ±2,500 If Performance Drive Phase 3 project and Lake Nona Boulevard (;:t:600' in each di rection from the intersection) required for the preliminary plat, final plat and engineering design prepared in acco1·dance with applicable State of Florida Standards of Practice as set forth by the Board of Professional Surveyors and Mappers, Chapter 5J� I 7.05, florida Administrative Code, per Section 472.027, Florida Starmes. If during the preparation process, additional phases or revisions are
required due to CLIENT changes, additional costs will be incurred that
will be conlracted separately.  ( Required for Preliminary Plat, Final
Plat and Engineering Design Submittals.)	001	$1 8,875.00
PRELIM INARY PLAT - Preparation and submittal of n preliminary plat to the Ciry of Orlando to support the final plat and engineering design for Performance Drive Phase 3. This line item incl udes submittal of the prel iminary plat and supporting documents prepared
by others to the City of Orlando.	002	$8,725.00
PRELIMINARY PLAT ME EfflNGS AND PROCESSING - Prepare for and attend meetings associated with the pro,iect preliminary plat
process and process prelimina1y plat through City ofOrlando.	003	$2,500.00
SITE BOUNDARY AND TOPOGRAPHIC SURVEY FOR FINAL PLAT SUBM ITTAL, - Preparation of a site boundary and topographic survey (NAVD88 Datum) for final plat submiltals and final engineering design prepared in accordance with applicable State of Florida Standards of Proctice as set forth by the Board of Professional Surveyors and Mappers, Chapter SJ- 1 7.05, Florida Administrative Code, per Section 472.027, Florida S1alutes. As required by the City of Orlando, the surveys wi II be prepared to incl ude the information
F.\CONTRAC1'P\cp 1 2733.doc

DONALD W. MclNTOSH Associates, Inc. 
220CI PAAI< AVENUE NORTH, WIN1E'R PARK. FLORIDA 32789-2355 • 1407] 84(1-<1058 • FAX (<107] 6<1<1-83 18 

Mr. Jeff Macre
Myrtle Creek lmproveme,rt Di.\·trict
Re:   Performw1ce Drive Phase 3 (±2.500 (I) Survey,  Design,  Rede,\·ig11 of lake  Nona Blvd.
Jmerseaion (±/ 200 IJj and Penni/ling a11d C'onstruclio11 Phase Services (.'South End ofPe,:formance Drive Phase 2 lo Luke Nomi Blvd.)
D WMA Joh No. 171 72.001 - 171 72.0-11
Date: Dece111her I I, 201 7, Revised Der:ember I8, 2017
Page J c?f JO

with in the title certificate provided 10 OWMA for the final plat submittal. If during the preparation process, additional phases or revisions are required due to CLIENT cha nges, additional costs will be incurred that will be contracted separately. (Required for final plat and engineering design submittals.)	(}().J
F FINAL PLAT - Preparation of one record plat for Performance Drive Phase 3 for record ing complete with installation of PRM's and PCP's (one time only) as req uired by state and local regu lation(s); includes submittal of plat and suppo,ting documents (prepared by others) to the
City of Orlando. TI1is line item does not include the platting of any storrnwater ponds or offsite improvements. If during the preparation process, additional phases or revisions are required due to CLIENT changes. additional costs will be i ncurred that will be contracted separately.

FINAL PLAT STAFF AND BOARD M EETINGS - Attendance at staff and board meetings, as wel l as coordination with CLIENT or CLIENT's consultants, regard ing preparation and approval of the final plat for Performance Drive Phase 3.	(106
MISCELLANEOUS LEGAL DESCRIPTIONS AND SKETCHES - Prepare (5) miscellaneous legal descriptions for the following:
o New Parcel 13oundaries
o Stormwater Management Areas
o Drainage Outfalls
o Utilities, and
0 Others as nc.eded
The professional services will be billed on an hourly basis with an estimated fee (1101 to exceed wirhow prior Cl/ENT a11thoriz(lfio11) of
(10 7
LOCATE UN DERGROUND UTILITrES AND SOFT DIG MEASUREMENTS - Locate underground utility lines ' along the project entry at Lake Nona Boulevard associated with the project engineering design as flaggt:d by a utility locating service company retained by CLIENT to facil itate the final design of the entry road including the uti lity connections to the existing water, reuse water and sanitary force main within Lake Nono Boulevard. The underground utility locating Service Company retained by CLIENT will also soR dig each existing underground utility one time at Lake Nona Boulevard
F:ICONT RAC1\Plcp12733,doc

o•l<l

DONALD W. NlclNTOSH Associates, Inc. 
?.lOO PARK IWl:NUE NORTH , WINlER Pl!,RK, FLORID/lo 32789,2355 • 1407) 644-'1068 • FAX (<1071	83 18 

$6,765.00

$1 2.1 50.00

$2,500.00

$5,000.00

Mr. JeffMacre
Myrlie Creek Improvement District
Re:  l'e1/orm,111ce Drive Phose 3 (±2,500 I}} Survey, Design, Redesig11 qf' lake Noll(/ Blvd
/11tersec:tio11 (±/200 {/) and Permitfillg ancl Constrnction Phase Services (South End ufPe1:f'ur111w1ce Drive Phase 2 to Lc1ke Nona Blvd, )
DWMA Job No. 1 71 72. 001 - /71 72. 0./1
Dute: December 11. 20 1 7. Revised December 18, 201 7 l'a;.:e 4 of /0

at Lhe project entry. DWMA will schedule a field appointment with the util ity locating service company retained by CLIENT on a one-Lime basis for the purpose of locating the marked utility lines and the measurements at the so� d ig locations along Lake Nona Boulevard. DWMA will show the approximate locaLion of the underground uti lity lines per the horizontal and vertical markings as exposed and established by the util ity locating service company retained by CLIENT. DWMA will be responsible only for the location of the flags and son dig information as provided by Lhe utility locating service company retained by CLIENT. Digging marked locations for verification and measuring depths by DWMA is not included. Jf it is determined that additional soR digs arc required, additional fees will be required that will be contracted separately, DWMA is not l iable for showing any util ity lines not flagged by the locating company. 008
S TAKE BORINGS - Stake out and obtain existing ground elevalion for± 16 borings required for the engineering design.	009
OFFSITE TOPOGRAPHIC SURVEY - Prepare offsite topographic survey for engineering design of the stormwater management areas and outfall locations.	010
STAK E CENTERLINE CONTROL AND BENCHMARKS FOR CONTRACTOR - Final stake (one ti me) the proposed right-of-way centerline control points (i.e.. PCs. PTs, etc.) and set site benchmarks for the construction ofthe project.	fJ/ I
SUBTOTAL SECTION A PART I

SECTION B - BASIC SERVICES
Final Design Performance Drive Phase 3 (±2500 LP)
Design of Performance Drive Phase J and Lake Nona Boulevard Intersection Improvements
Parcel 9 Stormwater ond Utility Review
Agency Permitting o		Lifl Station Design

F \CONTRACT\P\ap12133 doc

DONALD V\/. Mcl NTOSH Associates, Inc. 
2200 l'AnK AVENUE NO�TH, WINli;R PARK f'I ORIOA 32789-2355 • r,107, 6'1•1-4068 • FAX 14071 644,B31 B

$8,485.00

$3,850.00

$4,325.00

$1,1 00.00
$74,275.00

Mr. .JeJTMncrt!
Myrtle Creel, JmprovemenJ District

ll

Re: Pe1:(or111ance Drive Phase 3 (t 2,500 (I) Survey, Design, Redesign of Lc,lce Nn11n Blvd. f tersec1io11 (±/ 200 (I) and Permitti11g and Co11.vtructio11 Phase Services
(South l!.,nd qfPe1j'ur111,mr.:e Drive Phase 2 w Luke Nvna Blvd. ) DW,vfA Job No. 171 72.001 - 171 72.0-11
Date: December I /, 201 7, Revised December I8. 2017 Pt1ge 5 of/0

PART I - CIVIL ENGINEERlNG

()/]

A. GEOMETRY BASl!MAP - Preparation of a geomelry basemap of Performance Drive Phase J intersection improvements at Lake Nona Boulevard and required stormwater management area for the project.

SITE CONSTRUCrtON DRAWINGS - Design, preparation and submittal of construction drawings and technical specifications for the site geometry, grading, p:iving. drainage, stormwater management and onsite utility services for Performance Drive Phase 3 (±2,500 If). The civil engineering design includes:
review ofconceptual plans for final design:
review and calculations or required stormwater management for the project;
review and calculations of required water, reuse \.\later and sanitary facilities to service the project;
final engineering design for the ±2500 If road project with associ ated uti I itics and offsite stormwaler management pond for this project and the abutting development parcels; and
redesign of Lake Nona Bou levard for the required intersection improvements for Performalii.:e Drive Phase J. (:tl 200 If)

$2,875.00

013	$98,650.00
PLAN PROCF..SSrNG 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).
FINAL DESIGN AND PERMITTING MEETINGS - Representation at staff meetings, negotiat ions, CLI ENT irn d team meetings and public hearings associated with design and permitting.	015
SFWMD ERP APPLICATION - Preparation and submittal of a South Florida Wnter Mnnagemcnt District (SFWMD) permit application for
an Environmental Resource Permit (ERP) for the onsite improvements and stormwater management area.	n/6
ASS ISTANCE WITI I SPWMD DEWATERING PERM IT BY OTHERS - Prov ide assistance to CLIENT'S geotechnical engineer for the preparation and submittal of a South Florida Water Management District ( SFWMD) dewatering permit.	017 
F·\CONTRACT\P\cp 12733 aoc

DONALD W. MclNTOSH Associates, Inc. 
2200 PA11K AVENUE NORTH, WINTER PARK. FLORIDA 32789 2355 • 14071 6tJ4-4069 • FA!< ('107) 64<1-8318

$6.4S0.00

$4,450.00

$9.550.00

$2,000.00

Mr. JeffMacre
Myrlie Creek Jmproveme11J Db,-/ricl

11

Re:  Pe1.'fo' r111c111ce Drive Phase J (±1, 500 (/) Survey, Design, Redesign <?f lake Nmw Blvd.

/

! tersectio11 (±1200 (I) and Permitting and ( '011str11ctfrJ// Phase Services (South End <iPe1jormc111ce Dl'ive f'hus� 2 to Lake Nona Blvd.)
DW!vfA .Joh No. 171 72.00/ - 1 71 72. 041
Date: Decemher I, 20 1 7, Revised Dece111her 18, 2017 Page 6 of JO

FOEP PERMIT APPLICATIONS - Preparation and submittal of r-lorida Department or Environmental Protection (FDEP) permit applications for on�ite water distribution and wastewater collection
systems. FDEP processing is included in Item ·'C".	018
OPINION OF PROBABLE COSTS - Prepare and submit Engineer's Opinion of Probable Costs for both final engineering plan submittal and post co11structio11 cost estimate provision for the City of Orlando req uired bonding amounts.	(J/9

.,

COORDINATE TRArFIC, GEO'fECHN JCAL, LAN DSCAPE AND IRRIGArtON CONSUl TANTS - Coord ination of traffic, geotechnical, landscape and irrigation consultants. The professional services will be billed on an hourly basis with an estimated fee (not lo exceed without prior CLIENT authorization) of	02(/
.I.	OUC CONDUIT AND STREIJT LIGHT CON DU IT  PLANS -
Meetings, coord ination, preparation and permitting of OUC electrical conduit plans.	n21
MASTER STORMWATER MANAGEMENT PLAN UPDATE - Preparation and submittal of the City required master storm water plan update,	nn
MASTER UTILITY PLAN - Prepare and submit the City required updated master util ity plans for water, sewer and reclaimed water services to modi fy the previous approvals. The utility plan update is required to demo11strnlc the impact of this project now and ensure that services are compatible, as compared to the assumptions contained in the. curTent approved Lake Nona Central Utility Master Pla11.	023
lRRlGATION AND ELECTRlC SLEEVE PLANS Prepare irrigation and electric sleeve plans. including meetings, coordination of consultants, plan processing and distribution.	fJU
Note: Telecom conduit construction drawings and processing are not included and if requested will be contracted si:paratcly.
LIFT STATION DESIGN - Oesign, preparation and submittal of construction drawings and technical specifications for the lifl station and force main.
SUBTOTAL SECTION B PART I
F:\CONTRACnPlcp12733 doc
DONALD W. MclNTOSH Associates. Inc. 
22fl0 PARK ll.VENUE NORTH, WINTER PAA!<.. FLORIDA 31?789-2355 • 1•107) 644-<1068 • FAX 1407] 644 8318

$2,455.00

$4,600.00

$5,300.00

$5.700.00

$6, I 50.00

$5,850.00

$2,350.00

$9,600.00
$ I 6S,980.00

i\,fr. .Jef.f'Macre
Myrlie Creelc lmprowm,enl District

DWMA .Joh No. I 7172. 00I -	.171 72.0 /I

1

Re:  Pe1:for111a11r:e Drive Phase J (±2.500 (/) Survey. Design, Redesign of Lake No>w Blvd. h lerseclio11 (±1200 I)) c111d Pen11illi11g a,1d Cons/ruction Phuse Services
(.<iouth End ofP1t1f<m11t111ce Drive l'hC1.'ie 2 to lake Nona JJ/vcl.)
Date: December I I. 201 7, Revised December 18, 2017 Page 7 of /0

SECTION C - BASlC SERVICES
Performance Drive Phase 3 (±2500 I()
PART I - CONSTRUCTION PHASE SERVICES
PRECONSTRUCTION CONFERENCE - CITY - Attendance and coord ination of Ciry of Orlando project preconstruction conference.

026

PRECONSTRUCTION CONFERENCE - OUC - Allendance and coord inat'ion of Orlando	Utilities Commission	(OUC)	project

$835.00

preconstrnction conference.	1127	$750.00
SHOP DRAWING REVIEW - Review (one time) shop drawing information (limited to review for general conformance with the design intent and with information given in conslruction documents). Detailed geometric review along with means, methods, techniques, sequences or procedures of construction and all safety precautions is
not included and remains Contrador's responsibil ity.	028	$6,560.00
CONTRACTOR PAY REQU ESTS - Contractor payment requests, review and approvals ( for construction related to DWMA designs) and pertinent site observation (based 011 an estimated construction schedule
of eight (8) months with one visit per month for eight months).	029	$5,900.00

f

	ITE VIS ITS - Make site visits for observation of materials, construction and testing of the entry road construction for the specific purpose of prov iding certifications l isted below. Visits are to be at discretion of DWMA based on the direction of and on Co11tractor's submit ted construction schedule for various elements. Schedule to be required and kept current by Contractor. Based on in ormation provided by CLIENT to DWMA. it is anticipated the total duration of the construction activiLy for this project will be 8 months. The estimated fee is based 011 the above referenced R month civil construction schedule with approximately 4 site visits per month. If more than 32 site visits are required, each iiddilional site visit will be
billed per our rate schedule. as authorized by CLIENT.	n1n	$1 7,600.00
FDEP CERTIFICATIONS - Provide florida Department of Environmental   Protection   (FDEP)   st811dard   form   certification   of completion for potable water, sanitary sewer and/or re-use water permits. Contractor to provide infonnation and test ing as follows:
F:\CONTRACnP\cpl2733 doc

DONALD W. 1\/l clNTOSH Associates, Inc. 
2200 PARK Alll:NUE NORTH. WINTER PAFlK, FLORIDA 32789.2355 • (40'1) 6•111•406B • FAX 14071 644,83 18 

Mr. Jejflvlac.-re
Myrlie Creel< lmproveme111 Di.vtrict
Re:  Pe1for111ance Drive !'hate 3 (±2.500 W Survey, Oe.\·ig11. Redesign of Lake Nona 13/vd.

-

/11/ersecrio11 (-.t: 1200 (I) and Per111itli11g and ( 'onslruc:lion Phase Services (Sour!, l;ncl()jPerformance Drive Phase 2 10  lake Nona Blvd)
DW1\IIA Joh No. 171 72. V0/	171 72. lJ.II
Dare: December I 1, 201 7, Revised December 18, 20I 7
Page 8 vf /0

o	Water system pressure rest

1111oo

Water system bacteriological testing and reports Reclaimed water system pressure test
Sanitary sewer system leakage testing/lamping/tdev ising
Record drawings, signed by contractor

o	As-built drawings. signed by registered surveyor

03I	$5,520.00

SrWMD CERTIFICATION - Provide cettification as required by lhe South Florida Water Management District {SFWMD) permit conditions. Contractor's record drawings must be furnished to DWMA. If a substantial deviation exists between approved plans and record drawings, an as-built survey may be requ ired (which would be
additional serv ices).	n.n
FINAL PROJECT CERTIFICATION - Provide final project ce,tification to the City of Orlando and coordination of lift station final approval.	033
PROGRESS M EETINGS AND CONSTRUCTION ISSUES ASSISTANCE - Attend progress meetings and assist with construction issues for tile conslruction ofthis portion of Performance Drive and the right-of-way improvements at Lake Nona Boulevard. preparation and maintenance of contractor activity logs, meeting attendance, contractor issues, assistance with bonding, expediting government processes. etc., if required. The pro fessional services will be billed on an hourly basis with au estimated foe (110/ lo exc:eed without prior CLIENT authoriw1io11) of	nJ-1
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 will10 ut prior CLIENT a111horiwtio11) of
CONTRACTOR RPI PROCESSING - Review and respond lo Contractor Requests for  In formation tRFI).   The  professional services will be billed on an hourly basis with au estimated fee (1101 to exceed without prior Cl!ENT au1horizatio11) of	036
COD MATERIALS MANAGEMENT - Assistance with tracking and management of COD-purchased construction materials. The

l':\CONTRACT\Plcp127JJ doc

DONALD W. MclNTOSH Associates, Inc. 
cl200 PARK AVENUE N□Rr�1. WINTER PI\RK, FldRIOI\ 32789-2355 • (40?) 644-4LJl.ll:l • I'll)( [,i07J 6<14,S:3 IS 

$5,1 50.00

$7, 1 00.00

$8,000.00

$2,400.00

$2,200.00

Mr. JeffMll(.:re
M)lrtle Creek lmprove111e111 District
Re:  Performance Drive Nu.1se 3 (±2,500 (() Survey, Design, Redesign of lake Nona Blvd. h1tersec:tio11 (±1200 IJ) mu/ Pe1'111ilti11g ancl Conscrnclion Phase Services
{i�'outh End ofPe1:for111,mce Driw Phase 2 to Lake Nmw Blvd.) DWMA Job No. 171 72.001 - / 7l 72.U4/
Date: Dece111her 11. 2017, Revised December //,, 2017 
Page 9 of 10

professional services will be billed on an hourly basis with 1111 estimated fee (no/ to exceed wit/;011/ prim· CllENT a11thorizotio11) of
037
CONSULTANT COORDINATION - Coordination of geotechn ical, hardscape, landscape and other consultants during construction phase of project. The proressional services will be billed 011 an hourly basis with an estimated fee (not to exceed without prior CLIENT authorization) of	038
RECORD DRAWINGS - Preparation of "Record Drawings·' from contractor furnished as-built su rvey data. The professional services will be billed on an hourly basis with an estimoted fee (not to exceed without prior CLIENT authori:iatio11) of
0. 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 l(J exceed without prior CLIENT

$5,600.00

$2,600.00

$1 2,875.00

authorization) of	0./0	$1 ,850.00
LIM ITED AS-8U ILT M£ASURF.Mf.:NTS - As deemed necessary by the OWMA Construction Observation Engineer, DWMA will survey li mited as-built measurements ofconstructed infrastructure to provide
infonnation to the engineer necessary for the project certifications. (J./ 1	$5,000.00
Note: This proposal does not include assistance with National Pollutant Discharge Elimination System (NPDES) permit which will be processed by the CLIENT or prepared by others. If this item is rc-;quested it will be contracted separately.
SUBTOTAL SECTION C PART I	$89,940.00

TOTAL SECTlONS A, B AND C	$330,1 95.00

This proposal, together with the Engineering Agreement, represents the entire understanding between Myrtle Creek Im provement District and Donald W. McIntosh Associates, Inc. ( Engineer) with regard to the referenced work authorization.
ff you wish to accept this work authorizat ion, please sign where indicat�d and return one complete copy to our office. Upon receipt, we will promptly schedule our services.
F \CONTRACTIP\cp12733,doc

DONALD W. Mc lNTOSH Associates, Inc. 
2200 PARK AVEMUE NORTH. WINTER PARK, FLOAIOA 327M-2355 • 1<107) 644-4068 • FAX (11071 64<1.S:3 18 

Mr. .lejfMacre
Myrtle Creel, lmproveme11I District

11	i1

Re: Pe1jor111ance /)rive Pha.l'e 3 (±2,500 If) Survey. Design, Redesign qf lake Nona Blvd.
J tersectio11 (±1200 lj) c111d Per1 1illi11g G111d Construction P/wse Service,' (South End ofPe,for111a11ce Drive Phase 2 to Lake Nona Blvd)
DWMA Job No. 171 72.001 - 17172.041
Date; December 1 l, 201 7, Revised December I8. 2017 Page 10 rf /{)

Thank you for considerini Donald W. McIntosh Associates, Inc. Sincerely,
DONt) MCINTOSH ASSOC IAl'i'S, INC

/Scott 8. Grossman, PSM
/ Sr. Vice-President

Attachments: Exhibits (:?) 

SF.U/ls

APPROVED AND ACCEPTED

By:

Authorized Representative of Myrtle 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 INDI VIDUALLY LIABLE FOR NEGLIGENCE.

F·\CONTRACTIP\cp1 2733.doc

DONALD W. IVlclNTOSH Associates, Inc. 
2200 PARK AVENUE: NORTH. Wlf\lTER PAAi<. flORIDA 32789·2355 • (407) 844•4068 • PAX (1107) 644 8318

LIFT STATION SERVICE BOUNDARY

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✓
MYRTLE CREEK IMPROVEMENT DISTRICT
Recommendation for Work Authorization / Proposed Services
Project Name:	Performance Drive Phase 3

Brief Description:	Geotechnical Engineering Investigation & Design Recommendations/Roadway

Name of Consultant /Vendor:

-DE-VO-En  gin-ee-rin-g

-----------------

ls this work pursuant to an existing Agreement?	•/	Yes 1f so, name and date of Agreement:	\fert1ltt /19/1/•Prh� Is this project included in the District Capital l mprovement Plan?		Yes
Are the services required contemplated in the Capital Improvement	 	Yes

--- No

No
  /	No

ls this a continuation of prev iously authorized work?

Proposal attached:	L	Yes	No Form of Agreement Utiliz.ed:
Amount of Services:	$	8,440.00 

Recommendation:	✓	Approve	----

_L_ Yes

Deny

---	No

By:

Myrtle Creek Improvement District Construction Committee

Date

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

5500 Alhambra Drive, Orlando, Florkta 32808	E-Mail addrasss: rlevo@d<JvC>llng.coo,
Phone: (407) 291).237 1	Websllo: hllp:/iwww.devoong.com

.No..:

:iJcde:  December 12, 2017	j 9Jwa'o ff,w,jw.	Not Yet Assigned

ta:

......................... .............. ............... ........................ .. ............. .......... ••••••• ..••.......J ............................................. .................... .. .. .. .... .... .............. ...........................

MYRTLE CREEK IMPROVEMENT DISTRICT
12051 Corporate Boulevard
Orlando, Florida 32817
attention:  !MR.   Jdf  M4CRE,   ChAiRM4N 7

!Ref,:

L	�

Proposal For...
0	Geotechnical Engineering Investigation & Design Recommendations,
49	Roadway Underdrain Assessment

1

�...........Dewatering_ Plan.for... ....... ..................................
j_PERFORMANCE_DRIYE PHASE 3_(2,500± LIN.FT) [
Lake Nona, City of Orlando. Florida
Dear Mr. Macre:
This geotechnical engineering services proposal is for the following tasks:
o	geotechnical engineering services for a) the roadway pavement structure {including minimum thicknesses of the pavement components} and b) the lift station structure;
assessment of pavement areas which may require underdrains for high water table control (including underdrain detail for medians); and
@	dewatering plan as required by SFWMD.
Exhibit 1 shows the locations ofthe proposed nine roadway borings (RB-1 to RB-9) along the roadway alignment and the location of a lift station boring (LS-1), the latter location we understand still to be confirmed.
From review of the soil map units in Exhibit 1, there are no wetlands within the right of way which will require special investigation for muck.

Devo Engineertng
Consulting Geotechnical Engineers	Page 1

Exhibit 1.	Proposed test locations for Performance Drive Phase 3 Project (with soils map)
Objectives
The objectives of this investigation are as follows:
cg 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.
cg Estimation of the seasonal high water table for establishing site grades and ensuring adequate vertical separation to the surface infrastructure.
cg  Provide recommendations for excavation/dewatering of the lift station structure pit, preparation of the foundation subgrade, and backfill material, and compaction requirements. Other design inputs include lateral earth pressures acting on the structure, uplift forces due to hydrostatic pressure, and allowable bearing pressure. Soil corrosivity will also be addressed.
cg 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.
cg Prepare a dewatering plan (per SFWMD requirements) for the lift station structure and the roadway elements which will require dewatering.

Devo Engineering
Consulting Geotechnical Engineers	Page 2

Scope Of Work

The following scope of field and laboratory work is proposed:
D		Drill nine (9) hand auger boringsto depths of up to 10 ft along the proposed roadway alignment with penetrometer measurements at 1 ft vertical increments.
D	Install piezometers in all hand auger borings and measure the depth to stabilized water table in each borehole.
O		Drill one (1) 30 ft deep SPT in the footprint of the lift station structure and install a shallow piezometer at this location
D	Perform visual & tactile examination and classification of extracted soil samples.
D	Three (3) fines fraction and natural moisture content tests on representative soil samples D	One (1) soil corrosivity test at the lift station structure
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 NAVO) at the staked test locations.
Schedule

We estimate that we can complete this work within two (2) weeks of field stake out of the test locations, following notice to proceed. 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 and the lift station is $5,740 per the attached detailed itemization in Table 1.
♦	Pavement Underdrain Assessment: $800.00
♦	SFWMD Dewatering Plan: $1,900. {not including permit application fee} The grand total fee estimate for the 3 tasks is: $8,440

Deva Engineering
Consulting Geotechnical Engineers	Page 3

Tfllll f I.  IHMilAJlotl Of FH l·rif' PillfOnt·1t,N(l DHIVI PHA\I 3
DESCRIPTION OF WORK ITEM	UNIT (OST	TOTAL
GEOTECHNICAL FIELD SERVICES

reading stabilizedwater table in plezos, etc	.	:

····································•············································..··············"'························ ······················

····-�-·-··......·--·� ............... ·········	············

Senior  Engineering  Technician  for  field  coordination,	hr	$65_00	6,0	··············$··3·9··0··.·0··0···
..M...o..b.i.l.iz..a..t.io..n..o..f..d..r.il.l..r.i.g..f.o..r..S..P..T.··b·o··r·i·n·g························.	i	sum	l	$500.00	·········1··.0··········· ....	$5.0..0....0.0....
..S..t.a..n.d..a..r.d...P··e·n··e··t·r·a··t·io..n..T..e..s.t..(.S..P..T..)...{O...t.o...5..0..f.t..r.a··n·g··e··}··········11·····..f.t......1i· ·.....$..1..3...0...0........ ........3··0··.0·········· ..············$··3··9·0··.·0··0···
··P·•i·e·z··o··m··e··t·e··r·a··t··l·i·f·t·s··t·a··t·io··n···············································�:······f··t······�: ·-······$··1·3··.5··0····..... ........1..0...0.......... ··············$··1·3··5··.0··0···
Hand auger borings with piezometers: 0 to 50 ft depth	!	fl	!	$1 3.50	90.0	$1,215.00
GEOTECHNICAL LABORATORY TESTING SERVICES
Visual & tactile examination of soil samples	!	hr	!	$50.00	!	2.0	.	$100.00
..S..o..il..c...o.r..r.o.s. .iv..i.ty...t.e..s.t... ...................................... .............�!····e··a·c··h·····-!!·······$·2··5··0··.0··0···......�! ..........1....0.......... fj .·············$··2·5··0··.·0··0··

···························································•·····················'!···········..···�························�······················�···························

DATA INTERPRETATION, ANALYSES, COST ESTIMATES & REPORT PREPARATION
Senior Engineer	.	hr	.	$1 20.00	l	6.0	.	$720.00

Senior-level CADD/GIS	1				(i	$70.00	!	5.0		$350.00hr

··P··r·o··je··c··t··G··e··o·t·e··c··h·n··ic··a··l··E··n·g··i·n··e·e··r···························-··········-!!······h··r··· ··�:·····-·$..·1·0··0··.·0·0········7! ········..8....0..............�..................$..8...0..0...0.0....
ADMINISTRATIVE SUPPORT

hr	$35.00	1.0

Olerical/Technical Secretary
TOTAL FOR ALL TASKS . .............. ....... . ..... '	I
CONTRACT AUTHORIZATION

$35.00
$S,740.00

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.
audia eaiial'tan
Claudia callahan, B.Sc.
Senfor Administrative Assistant

Devo Engineering
Consulting Geotechnical Engineers	Page 4

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 onlywhen signed below otherwise it should be considered a d raft.

Authorization signature:
�.Q.v'o   ).u2..u-J..a.fa rn 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

TABLE A.2: AUTHORIZATION BY CLIENT
Proposal Authorized on this	.................... day of ........... ..................... 2017...............................................
Authorized Signature .......... .
Print Name & Title ............ .
Company name............... .
Company address.. ........... .

Company phone # .. .......... .
Company fax # ............... .
Cellular/mobile phone # ....... .
E-mail add ress ............... .

Devo Engineering
Consulting Geotechnical Engineers

Page 5

TERMS & CONDITIONS OF AGREEMENT

TABLE A.3: SPECIAL TERMS AND CONDITIONS OF AGREEMENT

1
2

TABLE A.4: GENERAL CONDITIONS OF AGREEMENT

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

1	PARTIES AND SCOPE OF WORK: Devo Seereeram Ph. D., P.E. (hereinafter referred to as "Devo") shall be performing the work. "Work" means the specific geotechnical investigations, testing, and engineering or other service performed by Devo as set forth above. "Client" refers to the person or business entity ordering the work to be done by Devo. 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 Devo shall constitute acceptance of the terms of Devo'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 ofcollection of all amounts due and unpaid after 60 days, including court costs, reasonable attorney's fees, filing fees, and ce rtified 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: Devo will perform services under this agreement with professional skill and care. Devo does not guara ntee 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.	

Devo Engineering
Consulting Geotechnical Engineers

Page 6

TABLE A.4: GENERAL CONDITIONS OF AGREEMENT
ACCESS TO SITE: Client grants Deva th e right of entry to the project by Deva, his employees, agents, a nd subcontractors i n order to perform the se rvices u nder this agreement. If the Client does not own the project, Client warra nts and represents to Deva that Client has th e authority a nd permission of the owner a nd occupant of the project site to grant this right of entry to Deva.

Deva shall take reasonable me asu res a nd precautions to minimize damage to t he project site from Deva's activiti es a nd use ofequipment. Client recogn izes that th e performa nce of the se rvices i ncluded i n t his Agree ment may cause alteration or damage to the site. Client accepts the fact that this is i n he rent i n the work a nd will not look to Deva for reimburse ment or hold Deva liable or responsible for a ny alteration or damage required to perform our scope of work. Should the Client not be the owner ofth e property, then Client agrees to notify the owne r of the aforementioned possibilityof u navoidable alteration a nd damage and to idem nify, and defend Deva against a ny 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 i ncluded i n his fee th e cost of restoration of damage which may occur. If Client desires or requires Deva to restore the site to its former co ndition, Deva will, upon written request, perform additional work as is necessary to do so and the Client agrees to pay Deva the cost thereof.
DAMAGE TO EXISTING MAN-MADE OBJ ECTS: d eleted. 
SAMPLE DISPOSAL: Un less otherwise agreed, laboratory test specimens or samples will be disposed immediately upon completion of th e test. All samples or specimens collected from soil borings will be disposed sixty (60) days after submission of Deva's report.
WARRANTYAND LIMITATION OF LIABILITY: Devo's geotechnical engineering services will be performed i n accordance with his proposal a nd with generally accepted pri nciples and practices. I n performing his professional services, Deva will use that d egree of care a nd skill ordin arily exercised u nder similar circumsta nces by reputable membe rs of his profession . This warranty is i n lieu of all oth er warra nties a nd re presentations, eithe r express or implied. Statements made i n Deva's reports are opinions based on engineering judgement and are not to be construed as representations of fact.
INDEMNITY: Subject to the foregoing limitations, Deva agrees to i nd emn ify and hold Client harmless from a nd against a ny a nd all claims, suits, costs, and expenses, i ncluding 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. I n the event that Client or Client's principal shall bri ng a ny suit, cause of action, claim or counterclaim agai nst Deva, the party i n itiati ng such action shall pay to Deva the costs a nd expenses i ncurred by Deva to i nvestigate, a nswer and defend it, i ncluding reaso nable attorney's fees, witness fees, and court costs to the extent that Deva shall prevail i n such a suit.
TH IRD PARTY RELIANCE: The se rvices u nder this Agreement are bei ng performed for a nd on behalf of th e Client for the Client's exclusive use. Deva assumes no responsibility for third party use ofor relia nce on Deva's fi ndings, opinions, conclusions, or recommendations u nless such use or reliance by Thi rd Parti es is authorized i n writi ng by Deva.
ENTIRE AGREEMENT: This Agreement constitutes the entire u nd erstandi ng of the parti es, and there are no re presentations, warranti es, u nd ertaki ngs made other than as set forth herein. This agreement may be modified on ly i n writi ng, signed by each of th e parties hereto.
CANCELLATION: This contract is cancellable by either partyat a ny time for any reason . Work performed to t h e time of notice shall be paid as i nterpolated within a nd d efined by the co ntract. All such work shall become the property of th e Client upon such payment.

Deva Engineering
Consulting Geotechnical Engineers

Page 7

5.,-1,s,, C

MYRTLE CREEK IMPROVEMENT DISTRICT
Recommendation for Work Authorization / Proposed Sei-vices

Project Name:	 Horizontal Utility Locating	_	

Brief Description:	 2D Ground Penetrating Radar (GPR) and Electromagnetic Method	

Name of Consultant /Vendor:	CFL Geolgical Solutions Is this work pursuant to an existing Agi·eemenl?
If so, name and date or 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

----No
If(}

Proposal attached:	 		Yes	 		No

Form of Agreement Utilized:	 	

Amount of Services:	 $	8,735.00 

Recommendation:	 	Approve	 	

Deny

By:

nn, Chai
Myrtle Creek Improvement District Construction Committee

Date

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

<f<

r.L	Services Proposal
Geological Solutions
Date:	12/8/17

Client: Attn:

Myrtle Creek Improvement District, 12051 Corporate Blvd, Orlando, FL 32817 Mr. Jeff Macre, Chairman

E•Mall:	Scott Grossman, Donald W. McIntosh Associates, Inc.	sgrossman@dwma.com Project: Lake Nona - Performance Drive Phase 3, Lake Nona Blvd, Orlando, H
CFL ls providing a Services Proposal based upon scopeof services requested by Scott Grossman of D. W. McIntosh Associates, may be subject to change should the requirements change, Is valid for thirty (30) days from date of proposal, and is Non• Transferrable.
SCOPE OF SERVICES:
Horlzontal Utllity Locating: 20 Ground Penetrating Radar (GPR) and Electromagnetic Method
CFL will horizontally locate underground utilities from 20' west of the west rlght•of•way line to the east edge of pavement on the northbound lanes of Lake Nona Blvd. The locate area Is outlined In red ontheattached Orange County Property Appraiser's Map provided by Scott Grossman. The length of the project Is approxi mately 1,300 feet.
CFL's scope of services does not Include the locating of vacant conduits, gravity sewer, storm lines, or irrigation lines.
CFL will provide a technician's field drawing of the located utilities. See Item Cfor Field Drawing lrtformatlon.
Upon project approval, D.W. McIntosh will provide CFL with a copy of the engineering plans.
Vertical Excavations - Dirt Soft Digs
CFL will verticallyexpose (dirt soft digs) horizontally located utilities within sites to be designated by D,W. McIntosh.
See Item EforSoft Dig Information/Limitations.

COSTS:  WI eekday Daytime Rates

Horizonta   Locating: •············0·······················•·················---················-··•·······•······•·········• ·-•• 	$6,23S.00
Vertical Excavations - Up to 1 Dirt Soft Digs •	•-········-························································•	$2,S00.00•
•soft Digs over 10 WIii be Invoiced at $250.00 perhole.
Executed Proposalor Issued Purchase Order/Contract by client authorizes CFL to perform the number ofsoft digs requested by D. W. McIntosh Associates.
PAYMENT:
A Lump Sum Invoice will be submitted via e·mall to client upon completion of locate work.
Lump sum amount Is due in full with no job retalnage.
Payments not received within 30 days of date of Invoice may result In legal actions.
SCHEDULE: A work start date will be provided upon receivingthe executed Services Proposal or Purchase Order.
AUTHORIZATION:
Signature below or Issued Purchase Order/Contract: Client legally authorizes CFL to proceed with the project.
Slgnoture below or Issued Purchase Order/Contract: Client acknowledges that scope of services, compensation, payment terms, and terms and conditions provided In this Services Proposal are accepted.

AUTHORIZATION TO PROCEED:
E•Mall E><ecuted Services Proposal or Purchase Order/Contract to:  sandy@cfl•inc.com  and contracts @dl•inc.com Myrtle Creek Improvement District	Date:

By:

Authorized Agent's Signature

Printed Name:

Printed Name of Authorized Agent

PROJECT NUMBER:
E•MAIL ADDRESS FOR INVOICE: 	__

Central Florida Locating, Inc.
Associate Member of the Sunshine Stote One Call of Florida Corp  Office (352) 793-4246	Fax (352) 793·8675
South Florida (239) 226·4262
cfI-inc.com

Terms and Conditions of Services Proposal

Geological Solutions	Poge 2
LIMITS OF GPR AND ELECTROMAGNETIC SERVICES: IfServices 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 utllltles/obJects/voids that are undetectable. Therefore, CFL cannot guarantee that all subsurface utllitles/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 llmlted by uneven terrain conditions, bushes, trees, debris, etc.
All vertically stacked utllltles/objects may not be detected since GPR slenals are rellected by the lop most utility/object. Some utllltles/objects may not return a reflected signal to the GPR receiver.
GPR scans cannot be made Immediately next to buildings/objects due to equipment restrictions. Pipes with little or no liquid contentat time of locate work may not be detected with GPR.

owner

ELECTROMAGNETIC LOCATING :
The numberofaccess points within deslgn,lted locate area(s) may be llmlted or non-existent. Utility or property	may restrict or deny theuse of utility access points.
Utility may not adequatelycarry the Imposed curreot from the electromaenetlc locate equipment.
Fiber&other non-metallic lines with noor non-wor�lng tracer wire are untoneable with electromagnetic locate equipment.
DESIGN ENGINEER and CONTRACTORS
Due to locate limitations, the client's/owner's Design Engineer Is expected to gather and Identify existing facllity Information from various prints and underground facility owners/operators to confirm that no other subsurface utilities/o bjects 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 anyprint, survey, field drawingor report that identifies or fails to Identify CFL detected utilitiesor objects. CFL field dr.iwings represent the requested scope of services within designated area(s) as of date ofwork; 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 dr.iftsman; are not drawn to scale arid only depict an approximate location of referenced utllltles/obJects; are not created based on any type of drawing standards; and are for Informational purposes only.
MACHINE DEPTHS: I/Service Is Provided
Machine depths are approximate reading$, 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.
VERTICAL EXCAVATION (DIRT SOFT DIG): Information/Limitations: IfService 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 revel.
Client must obtain/provide CFL with any required soft dig permits before soft dig work Is performed. Client WIil
be responsible for any permitting soft digfines assessed by governing agency.
(Fl CORE BORE WITH VERTICAL EXCAVATION (DIRTSOFT DIG): Information/Limitations:  I/Service Is Provided
A Core Bore Is made In asphalt or concrete to vertically expose a utlHty/object to determine the depth of the utlllty/object fro m the top of the util ity/object to the pavement surface.
Vertical £xcavatlon limits apply (See Item E).
Test hole will be backfilled with like matetlals 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 bythe 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.
DIRECT PUSH SOIL SAMPLING: Information/Limitations: IfService 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.
{H) CERTIFICATE OF INS (COi): New/Revised COi Requests BIiiabie Ins Endorsements WillBe Added to Pro{ect Cost
CFL's SAMPLE COi ls 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.
CentralFlorida Locating, Inc.
Associate Member of the Sunshine State One Call ofFloridQ Corp Office (352) 793-4246 Fax (352) 793-8675
Souch Florida (239) 226-4262
c/1-inc.com

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LOCATE ALL UTILITIES FROM 20' WEST OF THE WEST R/W LINE TO THE EAST EDGE OF PAVEMENT ON THE NORTHBOUND LANES

MYRTLE CREEK IMPROVEMENT DISTRICT

Resolution 2018-02, Election of Officers

RESOLUTION 2018-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MYRTLE CREEK IMPROVEMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the MYRTLE CREEK IMPROVEMENT DISTRICT (hereinafter the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and
WHEREAS, the Board of Supervisors of the District desires to elect the Officers of the District.
NOW,	THEREFORE,	BE	IT	RESOLVED	BY	THE	BOARD	OF SUPERVISORS OF THE MYRTLE CREEK IMPROVEMENT DISTRICT:

Section 1 . 
Section 2 . 

---"'"'Je=f=--f=M=a=cr=-=e, 	is elected Chair.
---=-=-Bo-"--"'b D'-'-'-a S=ilv-'-'-'--a 	is elected Vice Chair.

Section 3 . 

 	J:::.-'
 	J;:...c

i=ll'-'B=u=rn=s_______ is elected Secretary.
e=n=n=ifi=e=--r _,_W'-'a=ld=e=n 	is elected Assistant Secretary.

Section 4 . 

-=D-"'o=n=al=d'"""'T"-'u=b=b-=--s 	is elected Assistant Secretary.
-	-=K'-'-y-=le'-'S=--c=h=o=ll'------ is elected Assistant Secretary.
 		;e..K,=a=mc0...:S=h=e=n=a.!..si  	is elected Assistant Secretary.
---=H=a=nk==F=is=h=kin=d, 	 is elected Treasurer.

Section 5 . 

-	-=Jill'-=-Bu=rn=---s

----- is elected as Assistant Treasurer.

Section 6.

Section 7.

All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 16th DAY of JANUARY, 2018.
MYRTLE CREEK IMPROVEMENT

ATTEST:

Secretary/Assistant Secretary

DISTRICT

ChairNice-Chair

MYRTLE CREEK IMPROVEMENT DISTRICT

Amended & Restated Personnel Leasing Agreement with Tavistock Development Management, LLC

PERSONNEL LEASING AGREEMENT
THIS PERSONNEL LEASING AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of January, 201 8, by and between Tavistock Development Management, LLC, a Florida limited liability company (hereinafter referred to as "Lessor"), and the Myrtle Creek Improvement District, a special-purpose unit of local government established pursuant to Chapter 190, Florida Statutes (hereinafter referred to as "Lessee" or "District").

RECITALS
WHEREAS, the District is responsible for maintaining certain infrastructure improvements within and about the boundaries of the District, which include landscaping and irrigation; and

WHEREAS, pursuant to Chapter 190, Florida Statutes, Fishkind & Associates, Inc. (referred to herein as the "District Manager") is charged with the supervision of the works ofthe District including the hiring or provision of employees and other personnel; and

WHEREAS, this Agreement is intended to replace in its entirety that certain Personnel Leasing Agreement dated January 28, 2008; and
WHEREAS, the District desires to enter into a lease agreement with Lessor to provide certain personnel to assist the District Manager and the district engineer, Donald W. McIntosh Associates, Inc. ("District Engineer"), with the administration of the District's landscape and irrigation maintenance contract(s) ("Maintenance Contract"); and

WHEREAS, Lessor agrees to provide such a person who may work under the direction ofthe District Manager from time to time under such terms as are detailed below.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

RECITALS. The recitals set forth above are true and correct and are hereby incorporated in and made a part of this Agreement.

LEASE OF PERSONNEL. For and in consideration of the compensation described in Section 6 below, Lessee hereby agrees to lease from Lessor, and Lessor hereby agrees to lease to Lessee, an individual, acceptable to Lessee, for whatever sufficient time each week is necessary to complete the work (herein referred to as the "Administrator"). The Administrator's salary and benefits shall be determined and paid by Lessor. At the discretion of Lessor, Lessor may replace the individual or individuals serving as Administrator; in such event, Lessor shall attempt to employ a replacement, acceptable to Lessee, to serve as Administrator and shall notify

1 of 6

Lessee of the replacement in writing. The initial Administrator shall be Stephen Flint and Scott Gasaway, each individually shall be considered an Administrator for purposes herein.

DUTIES. The Administrator shall work for the benefit of the District and shall be responsible for performing such duties related to administration of the Maintenance Contract as directed by the District Manager. Specifically, the Administrator's duties shall include, but not be limited to, reviewing all maintenance performance, field conditions, and pay requests and ensuring that the proper processes are followed and documentation obtained pursuant to the requirements of the Maintenance Contract. The Administrator shall obtain such documentation from contractors and vendors related to payments tendered and work performed, as requested by the District from time to time. Lessor acknowledges the District is subject to certain prompt payment responsibilities required by law. In no event shall the actions or omissions of the Administrator result in a breach by the District of its prompt payment responsibilities.

TERM. The term of this Agreement shall be for a one (1) year renewable period commencing as of the date written above (the "Commencement Date"). This Agreement shall automatically renew each year unless terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving at least thirty (3 0) days written notice to the other party specifying the date the termination is to become effective. Notwithstanding the preceding sentence, Lessee shall have the right to immediately terminate this Agreement upon a breach by Lessor. Any termination of this Agreement shall not release Lessee of its obligation to pay Lessor the compensation due pursuant to Section 6 below for all periods prior to termination.

OFFICE SPACE AND SUPPORT SERVICES. Lessor shall provide the Administrator such supplies or support as shall be reasonably necessary for the Administrator to render services on behalf of Lessee in accordance with this Agreement all at no cost to Lessee.

COMPENSATION.
For and in consideration ofthe lease ofthe services ofthe Administrator to Lessee by Lessor and the office space, supplies, support services and/or other overhead or facilities to be furnished to Lessee by Lessor pursuant to this Agreement, if any, Lessee shall pay Lessor one hundred dollars ($ 1 00.00) per month. Payment shall occur monthly and within thirty days of presentation of an invoice by Lessor. Lessor agrees that it shall be solely responsible for all salary, employee benefits and all payroll-related taxes and charges associated with Lessor's employment of the person serving Lessee as Administrator. In no event shall this Agreement be construed as an employment agreement between the Administrator and Lessee, or between Lessor and Lessee.

The parties agree and covenant that any change in services or compensation under this Agreement shall reference this section of this Agreement in a writing signed by both parties hereto, approved by the District's Board of Supervisors.

2 of 6

CONTROL OF ADMINISTRATOR. All services required to be rendered by the Administrator hereunder shall be rendered subject to the consent, control and direction of Lessee through the offices of the Lessee's District Manager.
RELATIONSHIPS. Lessor and Lessee shall not, by virtue of this Agreement, be construed as joint venturers or partners of each other, and neither shall have the power to bind or obligate the other. Lessor and Lessee acknowledge and agree that the Administrator shall be an employee of Lessor. In furtherance thereof, Lessor shall be responsible for the payment of all compensation, taxes and employee benefits and other charges payable with respect to the Administrator, including, but not limited to, all applicable federal income tax withholding, FICA, FUTA tax, unemployment compensation and any other taxes or charges imposed by law with respect to the Administrator.
PREVAILING PARTY. If it should become necessary for either of the parties to resort to legal action, the non-prevailing party shall pay all reasonable legal fees and other expenses incurred by the prevailing party, including but not limited to attorneys' fees of in-house and outside counsel at all judicial levels.
JURY WAIVER. The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any rights to a trial by jury in respect of any action, proceeding or counter claim based on this Agreement or arising out of, under or in connection with this Agreement or any document or instrument executed in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or action of any party hereto. This provision is a material inducement for the parties entering into the subject Agreement.
FORCE MAJEURE. Each party hereto shall give notice promptly to the other of the nature and extent of any event of force majeure claimed to delay or prevent its performance under this Agreement.
NOTICES. All notices, requests, consents and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Lessor:

If to District:

With a copy to:

Tavistock Development Management, LLC 6900 Tavistock Lakes Boulevard, Suite 200
Orlando, Florida 32827
Myrtle Creek Improvement District 12051 Corporate Boulevard
Orlando, Florida 32817 Attn: District Manager
Hopping Green & Sams, P.A. 119 S. Monroe Street, Suite 300
3 of 6

Tallahassee, Florida 32301 Attn: Tucker F. Mackie
Except as otherwise provided herein, any Notice shall be deemed received only upon actual delivery at the address set forth herein. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the parties may deliver Notice on behalf of the parties. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.
INDEMNIFICATION. Lessor agrees to indemnify and hold the Lessee harmless from and against any and all damages, losses or claims, including but not limited to legal fees and expenses, to the extent that such damages, losses or claims are attributable to actions, omissions or negligence ofthe Administrator.
LIMITATIONS ON LIABILITY PRESERVED. Lessor agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of the District's limitations on liability set forth in Section 768.28, Florida Statutes, and other law.
THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.
FURTHER ACTIONS. Each party shall take such actions to execute, file, record, publish and deliver such additional certificates, instruments, agreements and other documents as the other party may, from time to time, reasonably required in order to accomplish the purposes ofthis Agreement.
CONTROLLING LAW. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.
EFFECTIVE DATE. The Agreement shall be effective after execution by both parties hereto and shall remain in effect unless terminated by either of the parties hereto.
PUBLIC RECORDS. Lessor understands and agrees that all documents of any kind provided to the District or to District Staff in connection with the work contemplated under this Agreement may be public records and will be treated as such in accordance with Florida law.

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WAIVER. No waiver of any breach of any term or condition of this Agreement shall be deemed to be a waiver of any subsequent breach of any term or condition of a like or different nature.
UNENFORCEABILITY. If any provisions of this Agreement shall be held invalid or unenforceable, such invalidity or unenforceability shall not, if possible, affect the validity or enforceability of any other provision of this Agreement, and this Agreement shall, if possible, be construed in all respects as if such invalid or unenforceable provision were omitted.
SURVIVAL OF TERMS. The terms, conditions, obligations and covenants in this Agreement shall survive its execution by the parties hereto and the consummation of the transactions between the parties contemplated herein.
CAPTIONS. The captions used herein are inserted only as a matter of convenience, and are not to be used in the interpretation of any provision hereof.
ENTIRE AGREEMENT; BINDING EFFECT. Except as to modifications made under Section 6(C), above, this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings relating to such subject matter. This Agreement shall inure to the benefit of, and be binding upon and enforceable by, the parties hereto and their respective successors and permitted assigns. Neither party to this Agreement may assign their rights or obligations hereunder without the prior written consent of the other party. Any purported assignment without such prior written consent is void.
EXECUTION IN COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, the parties execute this Agreement the day and year first written above.

Attest:

Secretary/Assistant Secretary

Witness:

MYRTLE CREEK IMPROVEMENT DISTRICT

By: _	 		 	
Its: -------------

TAVISTOCK DEVELOPMENT
MANAGEMENT, LLC, a Florida limited liability company

By:  		 	

Its: -----	-----	--

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MYRTLE CREEK IMPROVEMENT DISTRICT

Ratification of
Operation & Maintenance Expenditures Paid in December 2017 in an amount totaling $81,567 .47

MYRTLE CREEK IMPROVEMENT DISTRICT
DISTRICT OFFICE • 12051 CORPORATE BLVD • ORLANDO, FL 32817 PHONE: (407) 382-3256 • FAX: (407) 382-3254

Operation and Maintenance Expenditures For Board Approval
Attached please find the check register listing Operations and Maintenance expenditures paid from December 1, 2017 through December 31, 20 17. This does not include expenditures previously approved by the Board.

The total items being presented:	$81,567.47

Approval of Expenditures:

Chairman

_

Vice Chairman Assistant Secretary

1/8/1 8	Myrtle Creek Improvement District

9:22:14 AM	AP Check Register (Current by Bank)

Page: 1

Check No.	

Date	

Status	

Vendor ID	(§ck Dates: 1 2/1 /2017 to 1 2/31 /2v
Payee Name	Amount	
BANK ID: SUN - CITY NATIONAL BANK	001 -101 -0000-00-01	
3223	12/13/17	p	ALLEN	Allen E Smith Ranch & Farming	$980.00	
3224	1 2/13/17	p	BVLS	BrightView Landscape Services	$650.75	
3225	1 2/13/17	p	DTUBBS	Donald Maurice Tubbs	$200.00	
3226	12/13/17	p	DONMC	Donald W. McIntosh Associates	$200.00	
3227	1 2/1 3/17	p	FISH	Fishkind & Associates, Inc.	$3,437.29	
3228	12/13/17	p	JMAC RE	Jeff Macre	$200.00	
3229	1 2/13/17	p	KSHENA	Kamalakar Shenai	$200.00	
3230	1 2/13/17	p	KSCHOL	Kyle Scholl	$200.00	
3231	1 2/13/17	p	MLM	Michael's Lighting Main!.	$81 .25	
3232	12/13/17	p	TRUSTE	US Bank as Trustee for Myrtle	Dt b �- :'o( �• V I Ce	-· $21-8;81·5723"-	
3233	1 2/1 3/17	p	BVLS	BrightView Landscape Services	$31,369.49	
3234	1 2/13/17	p	FISH	Fishkind & Associates, Inc.	$5,284.93	
3235	1 2/13/17	p	OCPA	Orange Cnty Property Appraiser	$1 ,432.00	
3236	1 2/19/17	p	AWC	Aquatic Weed Control, Inc.	$325.00	
3237	1 2/19/17	p	BVLS	Brightview Landscape Services	$1 7,923.75	
3238	1 2/19/17	p	GRAU	Grau and Associates	$23.00	
3239	1 2/19/17	p	HGS	Hopping Green & Sams	$1 ,669.39	
3240	12/1 9/1 7	p	ORLSEN	Orlando Sentinel	$200.67	
3241	12/19/17	p	TRUSTE	US Bank as Trustee for Myrtle	().S,	$47';-?i'-2�48·-	
3242	1 2/19/17	p	VENTUR	Venturesln.com		$1 05.00	
					BANK SUN REGISTER TOTAL:	$326,070.23	

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61698°17 

1 28° 23

1 , 957° 27

� , 567 ° 47 _ _

8, 301 °28

+
+
+
*

GRAND TOTAL

$326,070.23

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Check Status Types: "P" - Printed ; "M" - Manual ; "V" - Void ( Void Date ); "A" -Application; "E" • EFT
•• Denotes broken check sequence.

MYRTLE CREEK IMP ROVEM ENT DISTRICT

Payment Authorization #325
1 0/1 3/2017 
Item	
Payee	
Invoice	
General	
Fiscal	
No.		Number	Fund	Year	
1	BrightView Landscape Services	
Hurricane Repair of Trees & Branches Controller #16 Repair	5446478
5446761	$  8,874.00
$	11 0,00	FY 2017
FY 2017	
Controller#4 Repair
Controller#5 Repair	5446765
5446768	$	228,50
$	11 0.25	FY 2017 
FY 2017	
	TOTAL	$ 9,322.75		

�tary/Assistant Secretary	Chairperson

MYRTLE CREEK IMPROVEMENT DISTRICT

�1 ;

Payment Authorization #326
1 0/20/2017 
Item	Payee	Invoice
No.	Number
BrlghtView Landscape Services
October Landscape Maintenance	5460365
Ffshklnd & Associates
OM Fee & Reimbursables: October 2017	21489
Relmbursables: September 201 7	21489

FY 2018 Assessment Administrative Fee	1163	$ 1.432.00	
/4	Supervisor Fees - 1 0/17/2017 Meeting
11 \	Jeff Macre		
$	200.00	
Donald Tubbs	$	200.00
o'd ,	Kyle Scholl	$	200.Q0
Bob daSilva	$	200.00	
	TOTAL		

Orange County Property Appraiser

General	Fiscal
Fund	Year

$ 17,740.00

$  5, 124.33
$	160.60

N

Seckt'ary/Asslstant Secretary	Chairperson

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #327
1 0/27/2017
INteom.

Payee

Invoice	General	Fiscal
Number	Fund	Year

1

� � ·1 � ( 2
/\J D ,J

BrlghtVlew Landscape Services Hurricane Tree Straightening

l !

Donald W McIntosh Associates Engineering Services Through 1 0/06/201 7

SS!er/etary/Asslstant Secretary

5476945	$  1 .420.00	FY 2017

34232	$	300.00	FY 2017

'TOTAL	$ 1 ,720.00

Chairperson

RECEIVED NOV D :J 2nt7

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #328
11 /3/2017 
Item
No.

Payee

Invoice Number

General Fund

Fiscal Year

Aquatic Weed Control
November Waterway SeNice

BrightView Landscape Development
Hurricane Clean Up

Michael's Lighting Maintenance
Night Lighting Check 1 0/28/2017 
ouc
Acct: 4782400001 ; 09/01/2017 - 1 0/02/2017 

1 9666

$	325.00

5484526

$

2,886.74

FY 2017

5147

$

81.25

$

1,702.34

f;y 2017 

5

Scott Randolph; Tax Collector
FY1 8 Non-Ad Valorem Assessment: 7992 LNB

6

Venturesin.com
November Application Hosting

43349

TOTAL

Chairperson

1\   . .. ..	L- .	Jv	r t'... I

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #329
11/10/2017 
Item

Payee

Invoice Number

General Fund

Fiscal Year

ICM201 7-12(2)	$	128.23	FY2017	
ICM2018-01

96869	$ 6,698. 17 

$	

FY 2017	

OSCM336509	
$	253. 17 	

Boggy Creek Improvement District September 2017 (2) ICM Expenses \ October 201 7 ICM Expenses	I

Hopping Green & Sams
General Counsel Through 09/30/2017 

Orlando Sentinel
Legal Advertising Through 1 0/31!2017
us Bank
Trustee Fees

4799352

$ 8, 361 .40

I · ·!,- .

,//

;: I

Secretary/Assistant Secretary

TOTAL

Chairperson

$ 161209,22

if.,     c-.      ,..

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #331
11 /30/2017 
Item	Payee	Invoice
No.	Number

Allen E Smith Ranch & Farming
Hurricane Tree Removal	3369
B rig htView Landscape Services
Controller #7 Repair	5489047
Controller #6 Repair	5489048
Irrigation Repair	5489058
Donald W McIntosh Associates
Engineering SeNices Through 11 /03/2017	34346
Fishkind & Associates
OM Fee & Reimbu rsables: November 2017	21 674
Michael's Lighting Maintenance
Night Lighting Check - 1 1 /25/2017	5317 
Supervisor Fees - 11 /21/201 7 Meeting

General Fund

$	980.00

$	503.75
$	36.75
$	11 0.25

$	200.00

$   3,437.29

$	81 .25

Fiscal Year

FY 2017

' FY 20.1'8 '
FY'W1.S-
Jt2�J1�

���i�'ira¥

:_ ;;:

PY 201'8. -�

�  --F~-Y -2-0-18  ;

/Assistant Secretary	Chairperson

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1\	\ t -

RECEIVED DEC O :, 2017

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #332
12/8/201 7
INteom.

Payee

NInuvmoibceer

General Fund

Aquatic Weed Control
December Waterway Service

20505	$	325.00

BrightView Landscape Services
Clock CAC001 Repair
Hopping Green & Sams

5521913	$	1 83.75

General Counsel Through 1 0/31 /20 17 
Orlando Sentinel
Ad: 5277672 Through 11 /30/2017 

ouc	rd

5	on /, ie	12 !11k::r
Acct: 4782400001 ; Service 1 0/02/1 7 - 11 /01 /1 7
6	Venturesln.com
December Application Hosting

pSecret··a·ry/Assistant Secretary

Q// J /�"

97222	$  1 ,669.39

OSCM3441 11	$	200,67

$   1 ,957.27

43405	$	1 05.00

TOTAL	$ 4,441 .08 

 	
Chairperson

RECEIVED DEC 1 9 2017

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #333
12/1 5/2017 

Item

Payee

Invoice	General
Number	Fund

Boggy Creek Improvement District

November ICM Expenses	17d
BrightView Landscape Services
December Landscape Maintenance
Grau and Associates
Confirmation.com Fee

{}v,/1'(le 

1 2. /,q /t:}	lCM201 8-02	$ 8,301 .28
5535709	$ 1 7,740.00

$	23.00

TOTAL	$ 26,064.28

a	;,/1J)_	 	

_I,,. _1 // /	�
!8-ec/retary/Assistant Secretary	Chairperson

MYRTLE CREEK IMPROVEMENT DISTRICT

Recommendation of
Work Authorizations/Proposed Services
(ifapplicable)

MYRTLE CREEK IMPROVEMENT DISTRICT
Recommendation for Work Authorization / Proposed Services

Project Name: Performance Drive Extension - Phase 3 Brief Description: Lundscape & I rrigation Design

Name of Consultant Ncndor: GAi Consultants - Community Solutions Group

Is this work pursuant to an existing Agreement? If so, name and date ofAgreement:

Yes

No

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:	,/	Yes

---No 

form of Agreement Utilized: __P__ro..._p__o_sa_l 	__

Amount of Services:

Recommendation:

_Y	Approve

_	_Deny

_

By:

Ka fmann, Chairman

I:J  1J

Myrtle Creek Improvement District Construction Committee

c:	Joe Maclaren Jennifer Walden Tucker Mackie Jeffrey Newton

January 9, 2018

CSOOLMUMTUIONNITSY

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GROUP

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GAi Consultants, Inc. 618 East South Street Suite 700
Orlando, Florida 32801
T 407.423.8398
gaiconsultants.com

0 2016GAI CONSULlANTS

Ms. Patrice Ragusa
Tavistock Development Company 6900 Tavistock Lakes Blvd, Suite #200 Orlando, FL 32827

Proposal for Professional Services Lake Nona - Performance Drive PH 3
Myrtle Creek Improvement District Streetscape landscape Architectural Services
Orlando, Florida

Dear Patrice:
Per your email request on December 21, 2017, GAi Consultants, Inc. is submitting this Proposal to Lake Nona, LLC for Landscape Architectural Services for the development of the Myrtle Creek Improvement District Streetscape.

Project Undet'standing
The site is located in the City of Orlando, Florida within the mixed-used district of Lake Nona. Then site includes the Myrtle Creek Improvement District design for Performance Drive PH 3 from Performance Drive PH 2 to Lake Nona Blvd Section 1, refer to attached Exhibit for the project scope limits provided by the Client.
The Scope of Work includes schematic design through construction observation for this portion of the Performance Drive PH 3 Streetscape design, including landscape, hardscape, irrigation and electrical design.
This District funded roadway will be funded by The Myrtle Creek Improvement District (MCID)
The overall site plan is included with roadway design engineering bases to be forthcoming by Donald W. McIntosh Associates (DWMA),
This Scope of Work only includes 2,500 Lir,ear Feet of roadway with parkways and median islands similar to what has been previously constructed areas of Performance Drive Phase 2.
The area also has a lift station closer to the Lake Nona Blvd. tie-in that will require landscape screening and irrigation.
Ties to the existing areas west are important to this design.
The main roadway at the eastern tie-in is Lake Nona Blvd. Section 1, which has parkway landscaping at 7,5' side and a median island of side for most of the roadway. An asphalt trail of 10' wide will occur. Eventual 6' wide sidewalk will be constructed as the adjacent parcels are built out.
There will need 1o be demolition and repair plans for the tie-in and interfaces at Lake Nona Blvd. Section 1.

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Lighting cadence of layout of street lights for OUC, and coordination with the storm drainage inlets and other utilities along with sight line clearances need
to be a part of the design and through CD's.
Irrigation consultant will need to conform to Myrtle Creek Standard utilizing

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the Rainbird materials products and specifications that will be provided at the commencement of the work.
Project Coordination
In addition to the specific services detailed below (the "Scope of Services"), GAi will coordinate our work with the Client's representative and the Client's project team, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress.
Base Data
The Client will provide GA! with the following data that GAi will incorporate into the development of base plans prior to beginning design work. GAi will rely on all information supplied by the Client as accurate and correct. Additional work required due to inaccurate, incorrect, or incomplete information supplied by the Client will be completed as an Additional Service.
Boundary
Topography
Site survey
Tree survey

Subconsultants
Additional Professionals working on the project under contract to GAI include the following. The Client hereby acknowledges and agrees that GAi will assume responsibility for the coordination of work produced by any subconsultants to GAL However, the Client acknowledges and agrees that GAi does not bear any responsibility or liability for the technical accuracy ofwork prepared or services rendered by others including our subconsultants.

Team  Member Cornputerized Design Services Clear Engineering, LLC

Service
Irrigation Design
Electrical Design and Engineering

Task 1 - Schematic Design Refinement Stage (30% CD's}
Schematic Design Options for site landscape planting streetscape layout of the roadway areas.
Provide cross-section sketches of the planting design coordinated with the civil roadway cross sections
Coordination of base refinements and utilities

1

Definition of time with a schedule of what it will take to complete work and anticipated approval processing with an Agency and Owner comments addressed and completed.

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The survey gathering and demolition of the interface existing landscape and m,,11,1 ,11 , ,,  , .,,, ,,...,.	irrigation at Lake Nona Blvd. new intersection will need to be completed in this
0 2016 GAI CONSULTANTS

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phase.
The re-work of the irrigation and new plantings will be identified on a plan right behind this demo plan in the drawing package.
Provide an estimate of the budget of costs for this phase of work for all drawing packages.
Three (3) design and coordination review meetings to discuss base and conflicts of the base and utilities that are needed for design, and all necessary phone conversations needed.

Task 2 - Design Development Refinement Stage (60% CD's)
Overall Site Development and Base Refinement to larger scale in CAD sharable with other consultants - further definition of landscaping, and material selection, & irrigation infrastructure.
Coordination of base with civil plans.
Coordination of base refinements and landscape utilities.
Provide input and irrigation master coordination with civil engineer for POC/POS and all underground sleeving input necessary through parking lots, roadways and under sidewalks.
Provide an estimate of the budget of costs for this phase of work for all d rawing packages.
Four (4) progress review and coordination meetings for this phase with the client. civil engineering design and utility coordination meetings, site lighting design and coordination included, and all necessary phone conversation and coordination needed.
Tasl< 3 - Constl'Uction Documenti:ltion Stage (100% CD's)
Trees, shrLlbS, and ground covers planting plan with details and plant list.
Irrigation plans and details per the prescribed typical materials utilized prior at Lake Nona.
Technical specifications for landscape planting, irrigation, and electrical, etc. to be provided.
Bid document spreadsheet needs to be provided.
Estimate of construction costs on top of bid sheet for bidding comparison.
Consultant to prepare all documents and applications with signed and sealed drawings for submittals, and all necessary for permits to the City of Orlando for Approval.
Consultant must address all comments by the City of Orlando Plan reviewers - resubmittal of drawings may be necessary, and will be managed by the Consultant.

,

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IQ 2016 GAi CONSULTANTS

A total of three (3) Design/coordination meetings should be included in this

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Task
Task 4 - Not to Exceed Bidding Assistance Review (Hourly NTE)
Prepare Bid document spreadsheet to match with estimate of costs for all aspects of the construction work based on the LHI plans.
Client may ask to review contractor bids - to be determined

Taslc 5 - Limited Site Construction Observation (Hourly NTE}
Periodic Site Visits to Observe Construction - Landscape Architect shall visit the site no less than (5) five visits, at intervals appropriate to irrigation mainline install, tree layout prior to planting, and other important intervals of work.
The submittal review process will be included in this scope of work.
Plant material reviews are a part of this task, as well.
Site Visit Reports - Each site visit will be followed up by a report to the Client of know progress and deviations from the contract documents.
Project Completion - the Landscape Architect shall include:
An on-site visit to perform a substantial completion punch walk review with report.

2016 GM CONSULTANTS

Final Project certification to the MCID - District and the City of Orlando.
Site Visit Reports - Each site visit will be followed by a report to the Client of known deviations from the contract documents. However, GAi will not be responsible for the Contractor's failure to perform the work in accordance with the requiremer,ts of the contract documents or the Project schedule.
Project Completion - GAi's work will include:
-		One (1) Substantial Completion site visit One (1) Final Completion site visit
Additional Services
GAi will provide Additional Services as mutually agreed between GAi and the Client. An equitable adjustment to GAi's Scope of Services and Compensation will be made through a Supplement to this Agreement for any Additional Services.
GAi will provide Additional Services as mutually agreed upon between GAi and the Client. These may include but are not limited to:
Revise drawings, specifications or other documents when such revisions are:

1

Inconsistent with approval or instructions previously given bythe Client including revisions made necessary by adjustments in the Client's program or project budget
Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents
Due to changes required as a result of the Client's failure to render decisions in a timely manner

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Due to a phased design approach determined after execution of this Proposal
Landscaping, irrigation, hardscape, and site lighting are excluded for off­ site improvements
Provide services required because of significant changes to the project
(e.g. size, construction budget, quality, complexity, the Client's schedule, method of bidding and negotiating the contracting for construction)
Services necessitated by Client's or Contractor's default
Additional work resulting from bidding, negotiation or construction prior to the completion of Construction Documents
Bid-related activities in additiori to those outllned in the Scope of Services, including:
Post-"lssued for Bid" Drawings Redesign
Prepare Prequalification Package for Potential Bidders
Issue Documents to Potential Bidders
Value Engineering (VE) Redesign in Response to Bids
Receive and Review Bids
Prepare Bid Analysis
Recommendation of Contractor

Schedule
CSG will begin work upon receipt of the executed Agreement provided by the Client. CSG will endeavor to complete its Scope of Services within the timeframe of the Client's schedule to complete the project subject to excused delay occasioned by factors beyond CSG's reasonable control.

Compensation
Compensation for services rendered by CSG will be on a fixed-fee basis or hourly basis as described in the scope headings and chart below. Direct expenses will be billed in addition to the fees, not to exceed $500. CSG will invoice for services according to the following Task breakdown:

Task 1	Schematic Design	Fixed Fee	$ 3,500	
Task 2/3	Construction Documentation	Fixed Fee	$ 8,500	
Task 4/5	Construction Phase Services	Hourly NTE	$ 4,500	
	Total Fee not including direct expenses		$16,500	

Cl Wl6 GAi CONSULTANTS

Payment
Unless otherwise specified in the GA! Standard Terms and Conditions for Professional Services, GAi will prepare invoices monthly and payment will be due
within thirty (30) days of the date of the invoice. All other payment terms will be

in accordance with the GAJ's existing Master Services Agreement.

Assumptions and Understandings
CSG's Scope of Services, Schedule, and Compensation as set forth above have been prepared on the basis of the following assumptions and understandings:
Client acknowledges and understands that Community Solutions Group is a GAi Consulta nts, Inc. Services Group. Any reference to Community Solutions Group or CSG in the Proposal for Professional Services and the Standard Terms and Conditions also refers to GAi Consultants, Inc It is further acknowledged and understood that this agreement is between the CLIENT and GAi Consultants, Inc.
Access to the project site(s) or other land upon which GAi is to conduct any field work will be available to GA[ personnel in a timelymanner.
All exploration locations will be marked and cleared by the Client for the existence of buried utility/piping structures.
Client has provided all its requirements for GAi's scope of services and all criteria and/or specifications that GAi should utilize at the time this Proposal is authorized, This includes any requirement for any statement of professional opinion or certification.
Client has provided all available information pertinent to GAi's scope of services, including previous reports/drawings; utility information; topo information, etc. at the time this Proposal is authorized. Unless otherwise noted, GAi may rely upon such information.
Client will give GA! prompt notice whenever it observes or otherwise becomes aware of any development that affects the scope or timing of GAJ's performance.
Client will examine and provide comments and/or decisions with respect to any GAi interim or final deliverables within a period mutually agreedupon.
Any of Client's other consultant(s)/contractor(s) will cooperate and coordinate with GA! in a timely and efficient manner.
GAi's proposed compensation and schedule are based on receipt of authorization to proceed within thirty (30) calendar days of the date of this Proposal. GAI reserves the right to adjust its compensation if authorization to proceed is not received within thi rty (30) calendar days.
Please do not hesitate to contact me at 407.256.5905 if you have any questions or wish to discuss this Proposal. If this Proposal is acceptable, please sign where indicated below and return one copy for our file. This also will serve as authorization for CSG to proceed.

02016 Ci/If CONSULTANTS

Sincerely,
Community Solutions Group, a GAi Consultants, Inc.
Service Group

Director
Landscape Architecture

REQUESTED AND AUTHORIZED BY:
LNLP, LLC

BY:

PRINTED NAME:

TITLE:

DATE:

© 2016 GA[ CONSULTANTS

EXHIBIT A
Myrtle C reek Improvement District Streetscape Scope Map

0 2016 GAi CONSULTANTS

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MYRTLE CREEK IMPROVEMENT DISTRICT
Rccommendntion for Work Authorization / Proposed Services

Project Name: Performance Drive Extension - Phase3

BriefDescription: T, .,.r.::.a,.,_ff,..1c...A_._...,1rn...,ly.,..�is,._s	_

Name of Consultant /Vendor: Kittelson & Associates		
Is this work pursuant to an existing Agreement? Ifso name and date of A reement:	
✓	
Yes	
 	No	

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

Are the services req uired contemplated in the Capital Improvement Plan?	✓	
Yes	
___No	

Is this a continuation of previously authorized work?

Proposal attached:	V Yes

 	No

 	_Yes	✓	No

form of Agreement Utilized:   P_ro eo..:.._a_l  	_

Amount ofServices:

Recommendation:

V Approve

___;Deny

mann, Chairman

I 13 'IJ

Myrtle Creek Improvement District Construction Committee

c:		Joe MncLuren Jennifer Walden Tucker Mackie Jeffrey Newton

January 11, 2018

Myrtle Creek Improvement District c/o Jeffrey J. Newton, P.E.
Donald W. McIntosh Associates, Inc. 2200 Park Avenue North
Winter Park, Florida 32789

225 I: �OBIN<:ON STRl">'t "I /11F 35� Ol�LANDO, Il 32t!OI
,107,5,10 0�,55	<107 5J0.0550

Project #: 22386P

RE: Performance Drive Extension Traffic Analysis
Dear Jeffrey:
Attached is a proposal for traffic engineering and planning services associated with the extension of Performance Drive to Lake Nona Boulevard. Part "A" identifies our proposed services for the project in accordance with the terms and conditions outlined in Part "B". This scope was developed based on our discussions with you, our review of the proposed development plan, and our familiarity with the City and the Lake Nona DRI.
We propose to conduct the services (detailed in Part "A" herein) on a time & materials basis for
$19,500 (detailed in Table 1 of the attached Part "B"). This proposal (scope of work, budget, and timeline) is effective for sixty days.
I, Adam Burghdoff, will serve as the Project Manager and Laurence Lewis will serve as the Project Principal providing senior review and quality assurance. Any questions of a technical or contractual nature can be directed to either of us.
Please review this proposal at your earliest convenience. If the attached Professional Services Agreement is satisfactory, please return a signed copy electronically. A fully executed copy will be returned for your records. Thcrnk you for the opportunity to propose on this project. If you have any questions please call us at (407) 373-1116.
Sincerely,
KITTELSON & ASSOCIATES, INC.

Adam Burghdoff, P.E.
FL Business Development Leader

r1lfNN-1f: DOC/JMENTJ

RE: Performance Drive Extension Traffic Analysis

PROFESSIONAL SERVICES AGREEMENT

Project#: 22386P
Page: 2 ofB

January 11, 2018
Kittelson & Associates, Inc.
225 E Robinson Street, Suite 355
Orlando, FL 32801
407.540.0555 ( P}
503 .273.8169 (F)

Myrtle Creek Improvement District with an office at 2200 Park Avenue North, Winter Park Florida 32789, hereby enters into this Professional Services Agreement (this "Agreement") with Kittelson & Associates, Inc. to perform the services as described in this Agreement's Part "A" - Scope of Work (the "Services") for the Performance Drive Extension (the "Project"), subject to all the provisions described in Part "B" Terms and Conditions.

PART A - SCOPE OF WORK 

TASK 1 - DATA COLLECTION 
Through a sub-consultant, KAI will obtain existing AM and PM pea k hour turning movement counts at the intersection of La ke Nona Bouleva rd & James Bay Drive.
The counts will be obtained on a Tuesday, Wednesday, or Thu rsday while Ora nge County schools a re in session.
Tavistock will provide Kittelson with a detailed land use plan that includes the proposed development progra m north of Lake Nona Boulevard.

Project trip distribution and driveway assignment will be determined based upon a select zone analysis from the latest version of the Orlando Urban Area Transportation Model version 4. For the pu rposes of the model run, Kittelson will util ize the travel demand model developed on behalf of the Boggy Creek Improvement District for the buildout of Lake Nona Town Center.

TASK 2 - TRAFFIC MODEL UPDATE
Task 2.1 - Trip Generation

KAI will evaluate the trip end generation potential for the unbuilt development Lake Nona development plans north of Lake Nona Boulevard.
Task 2.2 - Travel Demand Model Update

Kittelson will mod ify the model network to include Performance Drive/Wellspring Drive.
Kittelson  & Associates, Inc.	Orlando, Florida

RE: Performance Drive Extension Traffic Analysis

Project#: 22386P
Page: 3 o/8

Kittelson will also prepa re up to th ree (3) model run scena rios showing a con nection between Heintzelman Drive and Lake Nona Boulevard/Performance Drive.
Kittelson will p repare up to six select-zone model runs to identify travel patterns to/from zones (or groups of zones) within the Lake Nona DRI north of Lake Nona Boulevard.

TASK 3 - INTE RSECTION ANALYSIS
It is not yet known how ma ny intersections or project access points will be constructed along Performance Drive between its present te rminus and Lake Nona Boulevard. Therefore, this scope of services will include volume forecasts and future-year analyses of the inte rsection of Performance Drive & La ke Nona Boulevard as well as up to two (2) additional intersections along Performa nce Drive.
Intersection analyses will be based u pon buildout of the Lake Nona DRI. 

KAI will assign estimated future traffic volume projections to Performance Drive and Lake Nona Boulevard using the trip distribution established in Task 2. Recommended roadway and intersection geometrics will be determined based upon a nalysis softwa re implementing the Highway Capacity Manual methodologies, FOOT Quality/Level of Service standards, and engineering judgment. AM and PM peak hour traffic forecasts will be completed as part of this task. It is anticipated that three scenarios will be presented as pa rt of this task potentially including the following:
Without Heintzelman connector;
With Heintzelman connection to Performance Drive
With Heintzelman connection to Lake Nona Boulevard

Based upon the results of the review, KAI will provide bubble diagrams indicating recommendations for each intersections approach geometry including the number of lanes and turn lanes, required queue storage (based upon 95th percentile queues), intersection control (i.e., signalized, stop-control), and roadway cross sections for street segments between intersections. For the purposes of this task, proposed geometrics will be developed for up to three (3) intersections.

TASK 4- SUM MARY MEMORAN DA AN D ME ETINGS 
The results ofthe analyses in Tasks 1-3 will be summarized in a DRAFT summa ry memorandum and submitted to the Client for review. Subsequent to Client review, Kittelson will address any Client comments in a revised, FI NAL report for Client use and submittal to the City of Orlando. In the event that the Client's comments result in additional analyses above and beyond those noted in Tasks 1 through 4, then those out of scope analyses will be conducted as additional services. At the Client's request, Kittelson will prepare for up and attend up to three (3) in-person project related meeting to discuss the study results and conclusions.

Kittelson & Associates, Inc.	Orlando, Florida

RE: Performance Drive Extension Traffic Analysis

Project#: 22386P
Page: 4 ofB

This scope does not include preparatory time (graphics and handouts) or attendance time for any public hearings or meetings. All client requests for presentations and meetings of this nature will be accommodated on a time-and-materials basis and will be considered additional services.

Kittelson & Associates, Inc.	Orlando, Florido

RE: Performance Drive Extension Traffic Analysis

PART B - TERMS AND CON DITIONS

Project#: 22386P
Page: 5 of B

I. 

II. 

111. 

IV.

V.

VI.

GENERAL: The terms and conditions set forth he rein shall govern all services subseq uently performed on behalf of CLI ENT unless changed by a written agreement signed by KITTELSON & ASSOCIATES, INC. In case any one or more of the p rovisions contained in this Agreement shall be held illega l, the enforceability of the remaining p rovisions contained herein shall not be impaired thereby.

LIMITATION OF LIABILITY: CLI ENT AG REES THAT IN RECOGNITION OF TH E RELATIVE RISKS AND BENEFITS OF TH E PROJ ECT, KITTE LSON & ASSOCIATES, INC'S AGGREGATE JOINT, SEVERAL AN D INDIVI DUAL LIABILITY, WHETH ER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PROFESSIONAL MALPRACTICE, STRICT LIABI LITY, OR ANY OTH ER LEGAL OR EQUITABLE TH EO RY OF RECOVERY SHALL BE LI MITED TO AN AMOUNT NO GR EATER THAN THREE TIM ES TH E TOTAL CO MPENSATION RECEIVED BY KITTELSON & ASSOCIATES, INC. UNDER TH IS
AG REEM ENT. THIS PROVISION SHALL SURVIVE TH E TERMINATION OR EXPI RATION OF THIS AG REEM ENT.
LIMITATION OF REMEDY: CLI ENT COVENANTS THAT IT WILL NOT, UNDER ANY CI RCU MSTANCES, BRING A LAWSUIT OR CLAIM AGAI NST KITTE LSON & ASSOCIATES, INc.'S INDIVI DUAL EMPLOYEES, OFFICERS, DIRECTO RS OR SHAREHOLDERS AND THAT CLI ENT'S SOLE REMEDY SHALL BE AGAI NST KITTELSON & ASSOCIATES, INC.

WAIVER OF CONSEQUENTIAL DAMAGES: NEITHER KITTELSON & ASSOCIATES, INC. NOR ANY OF ITS OFFICERS, DIRE CTO RS, EM PLOYEES OR AG ENTS SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR EXEM PLARY DAMAG ES OF ANY NATU RE, INCLUDING, BUT NOT LIMITED TO FIN ES, PENALTIES AND LOST PROFITS, WHETH ER SAID CLAIM IS BASED UPON
CO NTRACT, WARRANTY, TORT (INCLU DING NEGLIG ENCE AND STRICT LIABILITY) OR ANY OTH ER LEGAL OR EQU ITABLE THEORY OF RECOVERY.

INDEMNITY: To the maximum extent allowed by law, CLI ENT and KITTE LSON & ASSOCIATES, INC. shall indemnify, reimburse, and hold harmless each other and the indemnified party's employees, officers, directors and agents from, for and again st all claims, losses, costs and expenses resulting from their bodily inju ry or property da mage, but only to the extent caused by the indemnifying party's negligence.
OWNERSHIP OF DOCUMENTS: KITTE LSON & ASSOCIATES, INC is deemed the author and owner of its documents and other instruments of service, and will retain all common law, statutory, a nd other reserved rights, including copyrights. So long as CLI ENT complies with all terms of this Agreement, including but not limited to terms of payment, KITTE LSON & ASSOCIATES, INC. gra nts CLI ENT a nonexclusive license to use instruments of p rofessional service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by CLI ENT, without KITTELSON & ASSOCIATES, INc. 's written permission, sha ll be at CLI ENT's own sole risk and CLIENT agrees to defend, indemnify, reimbu rse and hold harmless KITTELSO N & ASSOCIATES, INC. from all claims, liabilities, losses, costs, damages and expenses,

Kittelson & Associates, Inc.	Orlando, Florida

RE: Performance Drive Extension Traffic Analysis

Project #: 22386P
Page: 6 ofB

including attorney's fees and expert's fees, related to the reuse by CLIENT or others acting through CLI ENT.
ELECTRONIC DOCU MENTS: If KITTE LSON & ASSOCIATES, INC. provides CLIENT any documents or other instruments of service in electro nic form ("Electronic Documents"), acceptance and use of the electronic documents by CLIENT shall be at CLIENT's sole risk and CLIENT shall:
Waive and covenant notto sue KITTELSO N & ASSOCIATES, INC. or its employees alleging any inaccuracy or defect of the Electronic Documents.
Agree that KITTELSO N & ASSOCIATES, INC. makes no representation with regard to the compatibility of the Electronic Documents with any software or hardware or that the data is fit for any specific use.
Indemn ify, hold harmless, reimburse and defend KITTELSO N & ASSOCIATES, INC. from, for and against any claim, da mage, liability, loss, expense or cost, including attorneys' fees and expert's fees, that may arise from CLI ENT'S use of the Electronic Documents or any subsequent modification of the Electronic Documents by any person or entity.
CLIENT agrees that prior to use of the Electronic Documents on any project other than the Project, CLIENT shall reta in the services of a licensed professional as necessary to review and revise the Electronic Documents for compliance with the local laws, practices and standards of the place where the Project will be located.
DISPUTE RESOLUTION/VENUEAND CHOICE OF LAW: After first attem pting to resolve disputes through good fa ith negotiations, CLI ENT agrees that any claim or dispute arising out of this Agreement or the Services shall be submitted to non-binding mediation. If the dispute cannot be resolved by mediation, the parties agree to submit their dispute to binding arbitration before a single arbitrator. The arbitration shall be held in Multnomah County, Oregon and shall conform substantially with the rules of the American Arbitration Association. The parties shall endeavor to mutually agree upon a neutral and unbiased arbitrator. If the parties are unable to agree on an arbitrator within 15 days of the filing of a demand for arbitration, the presiding judge ofthe Multnomah County Circuit Court shall designate an arbitrator. KITTELSO N & ASSOCIATES, INC. agrees that so long as the parties are making good-faith efforts to resolve their dispute, it shall continue diligently with the performance of the Services under this Agreement.
The rights and liabilities of the parties to this Agreement shall be governed by the laws of the State of Oregon.
TIME BARTO LEGAL ACTION: All lega l actions by either pa rty against the other arising out of or in any way connected with this Agreement or the services to be performed hereunder shall be barred and under no circumstances shall any such legal action be initiated by either party after the earlier of three (3) years or the State's applicable statute of limitations, both of which shall commence to run the earlier of the date the Services are completed or this Agreement is terminated.

Kittelson & Associates, Inc.	Orlando, Florida

RE: Performance Drive Extension Traffic Analysis

Project  #: 22386P
Page: 7 of8 

X.

XI.

XII. 

DIRECT EXPENSES: KITTELSO N & ASSOCIATES, INC's Direct Expenses shall be those costs incurred on or directly for the Project, including but not limited to necessary transportation costs incl uding mileage at the current I RS-a llowed rates, meals and lodging. Reimbursement for automobiles, meals and lodging, and any other expenses furnished by commercial sources shall be on the basis of actual charges plus a 10% ma rku p.

All communication fees including, but not limited to computer services, telephone, faxes, postage, overnight deliveries, and in-house copies, printing, and binding cha rges shall be billed on the basis of a per direct labor hour fee when furnished by KI TTELSON & ASSOCIATES, INC.

PROFESSIONAL SERVICES: KITTELSON & ASSOCIATES, INC. staff is defined as all permanent and tempora ry employees, as well as any and all contract labor of KITTELSON & ASSOCIATES, INC. All KITTE LSON & ASSOCIATES, INC., staff time spent working on the Project will be billed as applicable per Ta ble 1. 

COST ESTIMATE: Any cost estimates p rovided by KITTELSON & ASSOCIATES, INC. as pa rt of the Services will be on a basis of experience and judgment, but because it has no control over market conditions or bidding procedures KITTELSO N & ASSOCIATES, INC. cannot warrant that bids, construction or other Project costs will not vary from these cost estimates.

TERMINATION FOR CONVENIENCE: In addition to other rights of termination, either CLIENT or KITTELSO N & ASSOCIATES, INC. may terminate this Agreement for its convenience by giving 30 days written notice to the other party. In such event, CLI ENT shall forthwith pay KITTELSO N & ASSOCIATES, INC. in full for all work previously authorized and pe rformed prior to effective date of termination as well as all unavoidable expenses incurred prior to termination.

PAYMENT TO KITTELSON & ASSOCIATES, INC.: Monthly invoices will be issued by KITTELSON & ASSOCIATES, INC. fo r all services perfo rmed under the terms of this Agreeme nt, and reimbursement of direct expenses. A retainer, if applica ble, will be required in advance of start of services and will be credited to the final invoice(s) of the Project. Invoices a re due and payable within 30 days of receipt. The CLIENT must notify the KI TTELSON & ASSOCIATES, INc.'s Project Manager or Project Accountant, in writing, within said time frame if there a re any disputed amounts. CLIENT must still pay undisputed invoiced amounts. Remainder will be due once disputed amount is resolved and agreed upon. I nterest at the rate of 1.5 percent per month will be charged on all past due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. Interest cha rges a re in addition to the fixed ceiling for the contract. CLIENT'S fa ilure to ma ke payments to KITTELSON & ASSOCIATES, INC. before invoice is 90 days past due shall constitute a material breach of this Agreement and KITTELSO N & ASSOCIATES, INC. shall have the option to withhold services until paid, or to terminate this Agreement. Lega l a ction will be taken on unpaid invoices that a re over 120 days overdue.
ADDITIONAL INSURED: KITTELSON & ASSOCIATES, INC. shall cause its general liability insure rs to name CLI ENT as an additional insured.

Kittelson & Associates, Inc.	Orlando, Florida

RE: Performance Drive Extension Traffic Analysis

Project #: 22386P
Page: B ofB

PROFESSIONAL STANDARDS: KITTELSON & ASSOCIATES, INC. shall be responsible for performing the Services to the level of competency currently maintained by other practicing professional engineers perfo rming the same type of services in CLI ENT'S community. KITTELSO N & ASSOCIATES, INC. makes no warranty, guaranty or assurance, express or implied, that the Services will yield or accomplish a perfect or particular outcome for the P roject.
ENTIRE AGREEMENT: This Agreement constitutes the entire, legally-binding contract between the parties regarding its subject matter and supersede a ny and all prior or contemporaneous understa ndings, agreements, or representations, whether oral or written. Amendments to this Agreement will be governed by this Agreement and must be in writing and signed by both the CLI ENT and KITTELSON & ASSOCIATES, INC.
.		NO THIRD PARTY RIGHTS: To the fu llest extent permitted by law, no pa rty has any third pa rty beneficiary or other rights arising from or related to the Services.
AUTHORIZATION TO PROCEED: Signing this form shall constitute agreement with all terms and conditions of this Agreement and authorization by CLIENT for KITTE LSON & ASSOCIATES, INC. to proceed with performance of the Services.
Table 1 : 

Accepted for:	Approved fo r:
MYRTLE CREEK IMPROVEMENT DISTRICT	KITTELSON & ASSOCIATES, INC.

Signature	Signature

Print Name	Print Name

Title	Title

Date	Date

Kittelson  & Associates, Inc.	Orlando, Florida

I�
KITTELSON & ASSOCIATES, INC. BlLLINC RATE SCHEDULE
Effective January 1, 2018
The current billing rates for Kittelson & Associates, lnc.1  staffare as follows and are subject to change:

Staff
Principal / Senior Principal Associate Engineer/Planner Senior Engineer/Planner Engi neer/Planner Transportation Analyst Associate Technician Senior Technician Technician 11 
Technician I Office Support

Service & Other Direct Costs Communication Fee
Mileage
Travel

Billing Rate
$225 - $3 15 
$190 - $220
$ 160 - $ l 85
$1 40 - $ 1 60
$1 25 - $ 1 35
$1 50 - $1 75
$1 40 - $1 45
$1 25 - $1 35
$105 - $1 20
$60 - $90

Billing Rate
$8.00 /Hr.
$.545/mile
At Cost

11 All communication costs including, but not limited to compute,· services, tele1,honc, faxes, postage, overnight del iveries, and in-house copies, printing, and binding charges shall be on the basis ofa single per direct labor hour communication fee when furnished by Kf'rfELSON & ASSOC(A'I'ES, INC.

MYRTLE CREEK IMPROVEMENT DISTRICT

Review of District' s Financial Position and Budget to Actual YTD

Myrtle Creek Improvement District

Statement of Financial Position As of 1 2/31 /201 7

General Fund	Debt Service	Capital Projects	General Long-	Total	
		Fund	Term Debt		

Current Assets		Assets		
General Checking Account	$597,81 0.56							$597,81 0.56	
Money Market Account	41 6,740. 19 							41 6,740. 19 	
State Board ofAdministration	3,788.32							3,788.32	
US Bank Savings-Pond Reserve	1 0,430.23							10,430.23	
US Bank Savings-Road Reserve	1 0,430.23							1 0,430.23	
US Bank Savings-Cap. Reserve	1 02,533.30							1 02,533.30	
Deposits	4,300.00							4,300.00	
Infrastructure Capital Reserve	30,568.83							30,568.83	
Interchange Maintenance Reserve	7,095.93							7,095.93	
Due From Other Funds		$360,075.83						360,075.83	
Debt Service Reserve A2 Bond		334,780.08						334,780.08	
Revenue A2 Bond		838,714.87						838,71 4.87	
Prepayment A2 Bond		125. 16 						125.16 	
Acquisition/Construction A2 Bond				$424,265.85				424,265.85	
Total Current Assets	$1,1 83,697.59	$1,533,695.94		$424,265.85		$0.00		$3, 141 ,659.38	

Investments

Amount Available in Debt Service Funds							$1,173,620. 11 		$1,173,620. 11 	
Amount To Be Provided							18,226,379.89		18,226,379.89	
Total Investments	$0.00		$0.00		$0.00		$1 9,400,000.00		$1 9,400,000.00	

 	  	 

Total Assets

$1,1 83,697.59	$1,533,695.94	$424,265.85

$1 9,400,000.00	$22,541,659.38

Current Liabilities
Accounts  Payable
Due To Other Governmental Units Accounts Payable

Liabilities and Net Assets

$384,833.74
7,006.91

$24,817.47

$384,833.74 7,006.91
24,817.47

Total Current Liabilities

Long Term Liabilities

 	 
$391,840.65	$0.00	$24,817.47

$0.00	$41 6,658. 12 

Revenue Bonds Payable - Long-Term							$1 9,400,000.00		$1 9,400,000.00	
Total Long Term Liabilities	$0.00		$0.00		$0.00		$1 9,400,000.00		$1 9,400,000.00	
Total Liabilities	$391 ,840.65		$0.00		$24,817.47		$1 9,400,000.00		$19,816,658. 12 	

Net Assets										
Net Assets, Unrestricted	$1 ,287, 126.00								$1 ,287, 126.00	
Net Assets - General Government	(703,731.53)								(703,731.53)	
Current Year Net Assets - General Government	208,462.47								208,462.47	
Net Assets, Unrestricted			$1,125,828.24						1,1 25,828.24	
Current Year Net Assets, Unrestricted			407,867.70						407,867.70	
Net Assets, Unrestricted					($417,951.06)				(417,951 .06)	
Net Assets, Unrestricted					81 8,424.35				81 8,424.35	
Current Year Net Assets, Unrestricted					(1 ,024.91 )				(1 ,024.91)	
Total Net Assets	$791,856.94		$1,533,695.94		$399,448.38		$0.00		$2,725, 001 .26	
										
Total Liabilities and Net Assets	$1,1 83,697.59		$1,533,695.94		$424,265.85		$1 9,400,000.00		$22,541 ,659.38	

Myrtle Creek Improvement District
Statement of Activities As of 1 2/3 1 /20 17 

General Fund	Debt Service	Capital	General Long-	Total	
		P rojects Fund	Term Debt		

Revenues

On-Roll Assessments	$346,483.76								$346,483.76	
On-Roll Assessments			$738,033.72						738,033.72	
Total Revenues	$346,483.76		$738,033.72		$0.00		$0.00		$1,084,517.48	

Expenses

Supervisor Fees	$2,600.00					$2,600.00	
Public Officials' Liability Insurance	3,250.00					3,250.00	
Trustee Services	8,361 .40					8,361 .40	
Management	9,999.99					9,999.99	
Engineering	3,280.00					3,280.00	
Property Appraiser	1 ,432.00					1 ,432.00	
District Counsel	1 ,669.39					1,669.39	
Assessment Administration	2,500.00					2,500.00	
Audit	23.00					23.00	
Travel and Per Diem	26.82					26.82	
Telephone	73 .14 					73. 14 	
Postage & Shipping	9.58					9.58	
Copies	99.00					99.00	
Legal Advertising	728.84					728.84	
Miscellaneous	1, 791 .00					1,791 .00	
Property Taxes	123.22					123.22	
Web Site Maintenance	333.00					333.00	
Dues, Licenses, and Fees	1 75.00					175.00	
Electric	129.84					129.84	
Entry Lighting	26.75					26.75	
Water Reclaimed	2,366.02					2,366.02	
Aquatic Contract	975.00					975.00	
General Liability Insurance	3,723.00					3,723.00	
Irrigation	834.50					834.50	
Landscaping Maintenance & Material	53,220.00					53,220.00	
Tree Trimming	17,000.00					17,000.00	
IME - Aquatics Maintenance	789.09					789.09	
IME - I rrigation	1 ,603.1 1					1 ,603. 11 	
IME - Landscaping	19 ,305.42					19,305.42	
IME - Lighting	303.74					303.74	
IME - Water Reclaimed	5.00					5.00	
Streetlights	1 ,539.50					1, 539.50	
Interest Payments - A1 Bond		$331 ,200.00				331 ,200.00	
Engineering			$1,100.75			1, 1 00.75	
District Counsel			141 .00			141 .00	
Legal Advertising			239.98			239.98	
Total Expenses	$1 38,296.35	$331 ,200.00	$1 ,481 .73		$0.00	
$470,978.08	

Other Reve nues {Expenses} & Gains {Losses}

Interest Income	$275.06							$275.06	
Interest Income			$1 ,033.98					1 ,033.98	
Interest Income					$456.82			456.82	
Total Other Revenues (Expenses) & Gains (Losses)	$275.06		$1,033.98		$456.82		$0.00	
$1 ,765.86	
Change In Net Assets	$208,462.47		$407,867.70		($ 1,024.91)		$0.00	$615,305.26	
Net Assets At Beginning Of Year	$583,394.47		$1,1 25,828.24		$400,473.29		$0.00	$2,1 09,696.00	

Net Assets At End Of Year	
$791 ,856.94		
$1,533,695.94		
$399,448.38		
$0.00	
$2,725,001 .26	

Myrtle C reek Improvement District
Budget to Actual
For the Month Ending 1 2/31 /2017 

YTD Actual	YTD Budget	YTD Variance	FY 201 8
Adopted Budget

Revenues
On-Roll Assessments	$	346,483.76	$	123,1 79.04	$	223,304.72	$ 492,71 6. 16 	
Money Market Reserve		65,089.36	(65,089.36)	260,357.44	
Carry Forward Revenue (accrued)		7,500.00	(7,500.00)	30,000.00	
Net Reven ues	$	346,483.76	$	195,768.40	$	150,715.36	$ 783,073.60	

Supervisor Fees	$	2,600.00	$	3,000.00	$	(400.00)	$	12,000.00	
Financial & Administrative
Public Officials' Liability Insurance	3,250.00		893.75		2,356.25	3,575.00	
Trustee Services	8,361 .40		500.00		7,861 .40	2,000.00	
Management	9, 999.99		1 0,000.00		(0.01 )	40,000.00	
Engineering	600.00		1, 250.00		(650.00)	5,000.00	
Engineering (Public Facilities Report)	2,680.00				2,680.00		
Dissemination Agent			1 ,250.00		(1 ,250.00)	5,000.00	
Property Appraiser	1 ,432.00		750.00		682.00	3, 000.00	
District Counsel	1 ,669.39		5,000.00		(3,330.61) 	20,000.00	
Assessment Administration	2,500.00		1 ,875.00		625.00	7,500.00	
Audit	23.00				(970.75)	3, 975.00	
Arbitrage Calculation			225.00		(225.00)	900.00	
Travel and Per Diem	26.82		1 25.00		(98. 1 8)	500.00	
Telephone	73.14 		1 25.00		(51 .86)	500.00	
Postage & Shipping	9.58		125.00		(1 1 5.42)	500.00	
Copies	99.00		500.00		(401 .00)	2,000.00	
Legal Advertising	728.84		1 ,250.00		(521.1 6)	5,000.00	
Bank Fees			12.50		(12.50)	50.00	
Miscellaneous	1 ,791 .00		1 ,249.98		54 1 .02	5,000.00	
Property Taxes	123.22		1 8.75		1 04.47	75.00	
Web Sile Maintenance	333.00		31 2.50		20.50	1 ,250.00	
Dues, Licenses, and Fees	1 75.00		43.75		131 .25	1 75.00	
Total General & Administratiw Expenses	$	36,475.38		$	29,499.98		$	6,975.40	$ 11 8,000.00	

General & Administrative Ex11enses Legislative

Page 1 of 2

Myrtle Creek Improvement District
Budget to Actual
For the Month Ending 1 2/31 /201 7

YTD Actual	YTD Budget	YTD Variance	FY 201 8
Adopted Budget

Field Operations Electric Utility Services
Electric	$	129.84	$	250.00	$	(120. 1 6)	$	1 ,000.00
Entry Lighting	26.75	1 25.00	(98.25)	500.00

Water-Sewer Combination Services
Water Reclaimed	2,366.02	6,250.00	(3,883.98)	25,000.00	
Stormwater Control					
Mitigation Area		1 ,250.00	(1 ,250.00)	5,000.00	
Aquatic Contract	975.00	1 ,290.00	(31 5.00)	5,1 60.00	
Lake/Pond Repair Reserve		2,500.00	(2,500.00)	10,000.00	
Other Physical Environment
Equipment Rental		
1 ,250.00	
(1 ,250.00)	
5,000.00	
General Liability Insurance	3,723.00	1 ,250.00	2,473.00	5,000.00	
Property & Casualty Insurance		375.00	(375.00)	1 ,500.00	
Auto Insurance		1 87.50	(1 87.50)	750.00	
Irrigation	834.50	2,500.00	(1 ,665.50)	10,000.00	
Landscaping Maintenance & Material	53,220.00	54,687.50	(1 ,467.50)	21 8,750.00	
Tree Trimming	1 7,000.00	5,000.00	12,000.00	20,000.00	
Flower & Plant Replacement		8,750.00	(8,750.00)	35,000.00	
Contingency		8,551 .58	(8,551 .58)	34,206.31	
Interchange Maintenance Expenses					
IME - Aquatics Maintenance	789.09	834.75	(45.66)	3,339.00	
IME - Irrigation	1 ,603. 11 	7,875.00	(6,271.89)	31 ,500.00	
IME - Landscaping	1 9,305.42	1 9,305.41	0.01	77,221 .62	
IME - Lighting	303.74	590.63	(286.89)	2,362.50	
IME - Miscellaneous	
	1 96.88	(1 96.88)	787.50	
IME - Water Reclaimed	5.00	787.50	(782.50)	3,1 50.00	
New Operational Field Expenses					
Trail Benches	10,000.00	(1 0,000.00)	40,000.00	
Crosswalk Improvements	25,000.00	(25,000.00)	1 00,000.00	
Road & Street Facilities
Entry and Wall Maintenance		
3,000.00	
(3,000.00)	
12,000.00	
Streetlights	1 ,539.50	1 ,250.00	289.50	5,000.00	

Parks & Recreation
Personnel Leasing Agreement	330.00	(330.00)	1 ,320.00

Reserves
Infrastructure Capital Reserve			2,541 .67		(2,541 .67)		10,166.67	
Interchange Maintenance Reserve			590.00		(590.00)		2,360.00	
Total General & Admin istrative Expenses	$	101 ,820.97		$	166,51 8.42		$	(64,697.45)		$ 666,073.60	
Total Expenses	$	138!296.35	$	196,01 8.40	$	{57,722.05)	$ 784,073.60	
Income (Loss) from Operations	$	208,1 87.41	$	(250.00)	$	208,437.41	$	(1 ,000.00)	
Other Income {Expense)

Interest Income	
$	275.06		$	250.00		$	25.06		$	1 ,000.00	
Total Other Income (Expense)	$	275.06		$	250.00		$	25.06		$	1,000.00	
Net Income (Loss)	$	208,462.47		$		$	208 ,462.47		$	

Page 2 of 2

Myrtle Creek Improvement District
Budget to Actual

For the Month Ending 1 2/31 /2017 

Oct-1 7	Nov-1 7	Dec-1 7	YTD Actual

Revenues
On-Roll Assessments Money Market Reserve	$		$ 31 ,096. 15 		$ 31 5,387.61		$ 346,483.76	
Carryforward Revenue	20,848.97		(20,848.97)					
Net Revenues	$ 20,848.97		$ 1 0,247.18 		$ 31 5,387.61		$ 346,483.76	
General & Administrative Expenses Legislative
Supervisor Fees	$	800.00	$	800.00	$	1 ,000.00	$	2,600.00

3, 333.33

3,333.33

Financial & Administrative
Public Officials' Liability Insurance	3,250.00						3,250.00	
Trustee Services			8,361 .40				8,361 .40	
Management			3,333.33				9,999.99	
Engineering			200.00		400.00		600.00	
Engineering (Public Facilities Report)					2,680.00		2,680.00	
Dissemination Agent
Property Appraiser	
1 ,432.00						
1 ,432.00	
District Counsel					1 ,669.39		1,669.39	
Assessment Administration	2,500.00						2,500.00	
Audit
Arbitrage Calculation					23.00		23.00	
Travel and Per Diem			1 3.41		13.41		26.82	
Telephone			45.21		27.93		73. 14 	
Postage & Shipping			1.84		7.74		9.58	
Copies			43.50		55.50		99.00	
Legal Advertising
Bank Fees Miscellaneous	275.00

1,791 .00		253. 17 		200.67		728.84

1 ,791.00	
Property Taxes			123.22				1 23.22	
Web Site Maintenance	123.00		1 05.00		1 05.00		333.00	
Dues, Licenses, and Fees	1 75.00						1 75.00	
Total General & Administrative Expenses	$ 13,679.33		$ 13,280.08		$	9,51 5.97		$ 36,475.38	

Field Operations
Electric Utility Services
Electric	$	$	62.43	$	67.41	$	129.84	
Entry Lighting	1 3.27	1 3.48	26.75	
Water-Sewer Combination Services				
Water Reclaimed
Stormwater Control		1 ,058.14 	1 ,307.88	2,366.02	
Mitigation Area
Aquatic Contract	
325.00	
325.00	
325.00	
975.00	
Lake/Pond Repair Reserve					

Page 1 of 2

Myrtle Creek Improvement District
Budget to Actual

Oct-1 7

Nov-17

Dec-17

YTD Actual

3,723.00

17, 740.00

650.75
1 7,740.00

1 83.75
17,740.00
17,000.00

-
3,723.00
-
-
834.50
53,220.00
17,000.00
-
-

263.03

6,435.14 

263.03
1 ,603. 11 
6,435. 14 

263.03

6,435.14 
303.74

5.00

789.09
1 , 603.1 1
1 9, 305.42
303.74
-
5.00

731 .00

808.50

-
-

-
1, 539.50

-

For the Month Ending 1 2/31 /2017 

Other Physical Environment
Equipment Rental General Liability Insurance
Property & Casualty Insurance Auto Insurance
Irrigation
Landscaping Maintenance & Material Tree Trimming
Flower & Plant Replacement Contingency
Interchange Maintenance Expenses
IME - Aquatics Maintenance IME - Irrigation
IME - Landscaping IME - Lighting
IME - Miscellaneous IME - Water Reclaimed
New Operational Field Expenses
Trail Benches
Crosswalk Improvements
Road & Street Facilities
Entry and Wall Maintenance Streeilights
Parks & Recreation
Personnel Leasing Agreement
Contingency
Infrastructure Capital Reserve Interchange Maintenance Reserve							-
-	
Total Field Operations Expenses	$ 28,486.1 7		$ 28,881.87		$ 44,452 .93		$ 101 ,820.97	
Total Expenses	$ 42,165.50		$ 42,161 .95		$ 53,968.90		    $ 138 296.35	
Income (Loss) from Operations	$ (21 ,31 6.53)		$ (31 ,914.77)		$ 261 ,41 8.71		$ 208,1 87.41	
Other Income (Expense)
Interest Income	
$	51 .16 		
$	48.55		
$	1 75.35		
$	275.06	
Total Other Income (Expense)	$	51.16 		$	48.55		$	1 75.35		$	275.06	
Net Income (Loss)	$ (21 ,265.37)		$ (31 ,866.22)		$ 261 ,594.06		$ 208,462.47	

Page 2 of 2