GREENEWAY IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Greeneway Improvement District was called to order on Tuesday, November 21, 2017 at 3:00 p.m. at 6900 Tavistock Lakes Blvd, Suite 200, Orlando, Florida 32827. Members listed below constituted a quorum.

Richard Levey Damon Ventura Cristyann Courtney

Also attending:

Joe MacLaren Jennifer Walden Brad Reed JeffNewton Larry Kaufmann Tucker Mackie John Florio

SECOND ORDER OF BUSINESS

Chair
Assistant Secretary Assistant Secretary

Fishkind & Associates Fishkind & Associates Fishkind & Associates
Donald W. McIntosh Associates Construction Supervisor	(via phone) Hopping Green & Sams	(via phone) Donald W. McIntosh Associates (via phone)

Public Comment Period

Mr. Levey explained that this is the public comment period for any matters related to the agenda. There were no public comments at this time.

THIRD ORDER OF BUSINESS		Consideration of Minutes of the October 17, 2017 Board of Supervisors' Meeting

Board Members reviewed the minutes from the October 17, 2017 Board of Supervisors' Meeting.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the minutes of the October 17, 2017 Board of Supervisors' Meeting, as presented.

1

FOURTH ORDER OF BUSINESS

Mr. Levey explained this item will be deferred to the next meeting.

FIFTH ORDER OF BUSINESS

Consideration of Amended and Restated Engineer's Report for Capital Improvements

Consideration	of Authorization to Bid Centerline Drive (flrn Hartwell Road Extension)

Ms. Mackie explained that at a previous meeting the Board approved work authorizations relating to the design of this roadway and the District will be in a position to go out for an invitation to bid on the same. She noted that there are components of this project that will be the responsibility of the Developer. The District cunently has a Cost Share Agreement with the Developer to provide for the total funding of this roadway until such time as it is incorporated into the Engineer's Report which will be in front of the Board at the December meeting. Ms. Mackie mentioned that the Developer will be responsible for funding the cost of construction until it is incorporated. There also is a portion that the District will construct which will be the Developer's responsibility outright. She stated Mr. Newton has that delineation in addition to the graphic that appears in the agenda package and the invitation to bid is included as well. As with previous construction contracts, staffis proposing to provide the same to the list of prequalified Contractors. Ms. Mackie noted that during her staff report she will bring up an additional item the Board may want to consider including in the bid instructions but for this item she is looking for a motion to authorize District staff to proceed with advertising the invitation to bid and preparing the construction materials that will be part of the bid package. Mr. Levey asked if this was in the Capital Plan. Ms. Mackie answered that it was not currently, but it was in the portion of the Capital Plan that was to be amended so it will come before the Board in December. The District has a Developer Funding Agreement that provides that in the interim the District will proceed with design and construction until such time as its included within the Engineer's Report and then it can be properly requisitioned from bond funds. Ms. Courtney asked if there was an estimate of what the cost will be that the District will be sharing. Mr. Florio stated that he has not finished it up yet and it will be in the report that has not been published yet.

On Motion by Mr. Ventura, second by Ms. Cmutney, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved authorizing the Advertisement to Bid Centerline Drive, as presented.

2

SIXTH ORDER OF BUSINESS		Ratification of Operation and	Maintenance Expenditures Paid in October 2017 in an amount totaling $94,721.32

Board Members reviewed the Operation and Maintenance expenditures paid in October 2017 in an amount totaling $94,721.32.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors for the Greeneway Improvement District ratified the Operation and Maintenance Expenditures paid in October 2017 in an amount totaling $94,721.32.

SEVENTH ORDER OF BUSINESS		Ratification of Requisition Nos. 484 - 498 Approved in October 2017 in an amount totaling $79,616.27

Board Members reviewed Requisition Nos. 484 - 498 approved in October in an amount totaling
$79,616.27.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors for the Greeneway Improvement District ratified Requisition Nos. 484 - 498 approved in October in an amount totaling $79,616.27.

EIGHTH ORDER OF BUSINESS		Recommendation of Work Authorizations/Proposed Services

Mr. Kaufmann stated that there are two Work Authorizations. The first Work Authorization is from Donald W. McIntosh & Associates (Minutes Exhibit A) in the amount of $2,600.00 for the survey work and legal descriptions required for the landscape easement in Nemours Parkway Phase 6. He noted this is for the Weller Boulevard Road extension, that is being renamed to Nemours Parkway, and the area adjacent to the roadway before it crosses the wetland and into the

3

two sides of the wetland crossing. There are easements required if the District is to maintain those areas of landscaping.

On Motion by Mr. Ventura, second by Ms. Cominey, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the Work Authorization for Lake Nona South Nemours Parkway Phase 6 for Donald W. McIntosh Associates, Inc. in the amount of $2,600.00.

The second Work Authorization (Minutes Exhibit B) is for AECOM for the investigation of Nemours Parkway Phase 6 for existing or previous gopher tmioises in the amount of $2,900.00. Mr. Kaufmann stated that this is a requirement of the District before any construction is stmied.

On Motion by Mr. Ventura, second by Ms. Cominey. with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the Work Authorization for Nemours Parkway Phase 6 Gopher Tmtoise Surveys to AECOM Technical Services in the amount of $2,900.00.

Mr. Levey noted that there was a blank Work Authorization for Lake Nona Kellogg Avenue Extension. Ms. Mackie explained that was prepm·ed thinking that a requisition needed to be done for the invitation to bid but it is e1Toneous and can be discarded.

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

Board Members reviewed the District's statement of financial position. Mr. MacLaren noted that through the end of October the District had incmTed $20,000.00 in total expenses vs. a budget of
$62,000.00. So, the District is under budget for the first month of the District's fiscal year. There was no action required.

TENTH ORDER OF BUSINESS	Staff Reports

District Counsel - Ms. Mackie discussed a letter received from Jr. Davis' Counsel (Minutes Exhibit C) in response to a letter sent by the District Engineer following the last Board meeting. She explained the letter relates to Nemours Parkway Phase 4 and a Change Order that was received from Jr. Davis for certain

4

stabilization efforts related to the median. This letter was received approximately nine months delayed in terms of the District's perspective. Ms. Mackie noted that the Board reviewed that letter and authorized the District Engineer to proceed with transmitting the letter in the hopes that Jr. Davis would favorably respond to the same. Ms. Mackie stated that the District received a letter from Jr. Davis' Counsel indicating that they believe that the dispute is null and the request from Jr. Davis was reasonable and compmis with the District contract for the improvements. Ms. Mackie stated she reviewed the letter received from Kirwin Norris which is Jr. Davis' Counsel. She noted that she takes issue with some of the language related to the work change directive and the ability for the District Engineer to have asserted certain requirements that they respond within 30 days to that directive to which they did not and they waited nine months to send a Change Order request. The thought from staff was to bring this back before the Board and seek some direction prior to responding or proceeding. Ms. Mackie thinks that the District has some fitm footing but would like to discuss this with the Board.

Mr. Levey asked if the District agrees that what they were doing was issuing a work change directive. Ms. Mackie noted that by definition in the contract, what the District Engineer did was submit revised plans based upon a discussion had by the Landscape Contractor, and the General Contractor as to what materials would be needed to comply with the stabilization requirement. What was added to that change directive was a statement that if it is going to be the basis of a Change Order that one should be submitted within 30 days of the directive. She explained the timeline provided by the District Engineer is that the District did not receive anything until nine months after that date, requesting a Change Order. She wondered if the $30,000.00 is feasible for the effmi and doesn't !mow if the District would be having this discussion if it was submitted within 30 days. Mr. Levey asked if the Work Change directive was done by written statement to the Contractor. Mr. Florio confirmed that was the case. He noted that when the construction plans were revised prior to acceptance by the City a notice of construction plan revision was issued which included verbiage stating this isn't a Change Order but if you want to use it in suppmi of one then you must provide the Change Order within 30 days. Mr. Florio added that the nine-month period was from the date the District issued the revised construction

5

plans. It then took the Contractor almost four months to agree with his Landscape Contractor who the District required they both execute a cooperation agreement for these reasons to resolve exactly what it was they were going to do to comply with the requirement, which was on the construction drawings from the beginning of the project. He noted that he has little compassion for this issue compounded by the fact that the delivery of this road is 260 days late. Mr. Kaufmann added that they did do the work for this. Mr. Levey asked if Jr. Davis would have been paid if they had submitted the Change Order within the 30 days. Mr. Florio stated that they probably would have been paid. Mr. Levey asked if the Work Change directive is a form. Ms. Mackie stated it is not a form. She explained it describes any document that would be a change to the plans that were originally prepared and compiled when the contract was signed. Mr. Florio added that the District is still in discussions over the direct owner purchase which is another $25,000.00. Ms. Mackie noted that it is for an unrelated contract but it is with the Greeneway Improvement District. Ms. Mackie noted that at the last meeting when this issue was raised, one reason to caveat the discussion during the invitation to bid was whether the Board wants to allow itself the ability to consider some other factors in addition to price. This was in connection with the invitation to bid just approved to consider factors relating to past performance by Contractors for District work and or involved in an active dispute. Mr. Levey thinks that the District should consider active disputes as a factor. Ms. Mackie stated that staff is happy to include that in the invitation to bid and will look to add that language to the package. A discussion of opinions took place among the Board Members.

Mr. Kaufmann stated that he is not opposed to putting something in the bid invitation. Mr. Levey said that evaluation criteria is in the package for a reason and the District will see what the circumstances are at the time. He noted that it is not directed any one Contractor and it should be a general business practice of the Board that the District should not be doing business with people they are having disputes with. Ms. Mackie pointed out that it is provided by case law and Florida Law that the District has the ability to consider those types of factors in an invitation to bid regardless of whether the District puts the language in invitation to bid. She stated she thinks it goes to two purposes for adding it. The first purpose is that it puts any contractor on notice. The second purpose is, that to the extent

6

the District has had difficulty with certain contractors in the past over contract language, she thinks the District needs to be as clear as possible in the invitation to bid that it is something that the District might consider even though they have the ability to do so regardless. The Board was in agreement.

Mr. Levey stated he supports agreeing to settle this and pay the late Change Order to resolve this. He asked if it would close this contract out. Mr. Florio noted that after the District gets final completion from the City it would close this contract out. He did note that there is one project where the Landscape Contractor cannot finish because the home builders keep putting dumpsters on the right-of-way which are prohibiting him from getting his work done. He will check on which project that is. Mr. Florio asked if the District will be asking the Contractors to provide infonnation on disputes. Ms. Mackie said no and clarified that it would just put the contractors on notice that when presented with a list of deficiencies of a certain contractor with past performance that the Board can consider that when it comes to awarding the work. Ms. Mackie said that it doesn't need to go in the invitation but it needs to go in the instructions. She stated she will get them from Barbara to mark up and get them back to Mr. Florio's office.

On Motion by Mr. Ventura, second by Ms. Courtney. with all in favor, the Board of Supervisors for the Greeneway Improvement District authorized the settlement of this Change Order dispute conditioned upon Jr. Davis fulfilling its obligation to receive final approval and acceptance of the improvements by the City.

Mr. MacLaren asked Ms. Mackie if she will be handling negotiations. Ms. Mackie stated that she and Donald W. McIntosh Associates can handle negotiations.

Ms. Mackie noted that she was happy to see a response from Loomis. They have provided the reimbursement for the damages in connection to Oak Trees and landscaping in the right-of-way that they were responsible for damaging with one of their trucks. Ms. MacLaren stated that the damages were over $19,000.00 and Ms.

7

District Manager -

District Engineer -

Mackie sent them a letter regarding the damages and payment and they complied.

Mr. MacLaren stated that the December Board meeting as it is currently scheduled is going to be a problem as there is another function at the offices where the meeting is held. Mr. MacLaren proposed moving the meeting to Monday, December 18, 2017 at the same time and location. The Board did not have any objections to moving the meeting so Mr. MacLaren will send out an updated meeting invite.

Mr. Newton circulated the Construction Contract Status Memorandum (Minutes Exhibit D). Mr. Florio stated that there is Change Order No. 2 for Laureate Boulevard pavement replacement to add maintenance bonds to the contract in the amount of $556.60. For Nemours Parkway Phase 4 there are no changes pending. For Nemours Parkway Phase 5, there is a Change Order No. 3 which is to add nine calendar days to the contract as a result of Hurricane Irma with the new substantial completion date of January 27, 2018 and no additional costs. For Nemours Parkway Phase 6, it has been given a notice of award and as soon as the District gets the permit issued he will pull the permit and be given a notice to proceed.

On Motion by Mr. Ventura, second by Ms. Cominey. with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the Construction Status Memorandum dated November 21, 2017.

Construction Supervisor - No Report

ELEVENTH ORDER OF BUSINESS

There was no other business to discuss.

Supervisor and Audience Comments & Adjournment

8

On Motion by Mr. Ventura, second by Ms. Comtney, with all in favor, the November 21, 2017 Meeting of the Bom-d of Supervisors for the Greeneway Improvement District was adjourned.

ChairNice Chair

9

GREENEWAY IMPROVEMENT DISTRICT
Recommendation for Work Authorization/ Proposed Services

Project Name_:,

____,L"'a'-'k"'e'---'N=on"'a"---"'S-"o-=u=th'-----N=e.m...o,_.u,r.s_ P_..a..rk-cwccaY::.l_c_P..h=as"'e'----6 	­

Brief Description:   Proposal includes additional surveying services for the preparation ofsketches
ofdescriptions oflandscape areas that will be incorporated into easement documents prepared oy others.

Name ofConsultantNendor:	Donald W. McIntosh Associates

Is this work pursuant to an existing Agreement?	Yes	No

-- Yes

No

Yes

__No

If so, name and date of Agreement:	 	

Is this project included in the DistrictCapital Improvement Plan?

Are the services required contemplated in theCapital Improvement Plan? Is this a continuation of previously authorized work?
Proposal attached:	X  Yes	No

Form of Agreement Utilized:	_ � Amount of Services:	$ 2,600.00

Yes	No

Recommendation:	Approve	 		Deny

Larry Kaufmann,Chairman
BoggyCreek Improvement DistrictConstructionCommittee

c:		Joe MacLaren Jennifer Walden Tucker Mackie John Florio

Elecia Mitchell
From:
Sent:
To:
Cc:

Subject: Attachments:

Lynn Sweetman <lsweetman@dwma.com> Friday, November 3, 2017 10:40 AM
Larry Kaufmann
Elecia Mitchell; Richard Levey; Abigail Berrios; Desiree Coleman; Dorothy Torres; Scott E. Grossman, PSM; Beverly P. Robinson
New DWMA Proposal 14052.036 Lake Nona South 14052.036 Lake Nona South 11-2-17.pdf

Please find attached our proposal for Lake Nona South - Nemours Parkway Phase 6 as requested, for your review and approval. Please sign and return one copy to our office (executed electronic scanned copies are acceptable). Upon receipt we will promptly schedule our services. Thank you for your consideration.

Lynn Sweetman
DONALD W. MCINTOSH ASSOCIATES, INC.
2200 Park Avenue North ~ Winter Park, Florida 32789-2355 ~ Phone: 407-644-4068 ~ Fax: 407-644-3369 ~ Email: lsweetman@dwma.com

data is subject to change at the discretion of DWMA. DWMA is not responsible to the recipient for compaUbility with the recipient's hardware and/or software. ft is imperative that user check thisdata for virus

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1

DONALD w. MCINTOSH
AssoclATEs, INc. Mr. Richard Levey, Chairman
Board of Supervisors
Greeneway lmp.-ovement District
1 2051 Corporate Boulevard
Orlando, FL 328 17 

November 2, 2017 

CNIL ENGINEERS

LANO  PLANNERS

SURVEYORS

Subject:	Lake Nona South - Nemours Parkway Phase 6 (Sta. 77+30± to Sta. 99+05±)
Sketches of Descriptions for Landscape Easements DWMA Job No. 14052.036
Dear Mr. Levey:
Donald W. McIntosh Associates, Inc. (DWMA) is pleased to submit for your consideration this additional work authorization to provide professional surveying services to Greeneway Improvement District ("CLIENT") for Nemours Parkway Phase 6 ("Project"). The scope ofthis proposal includes additional surveying services for the preparation ofsketches ofdescriptions of landscape areas that will be incorporated into easement documents being prepared by others. All terms and conditions will remain as set forth in the Agreement for Services dated August 1 1 , 2003.
Additional Services:
PART I - PROFESSIONAL SURVEYING & MAPPING
A. SKETCHES OF DESCRIPTIONS  FOR LANDSCAPE EASEMENTS - Preparation of four sketches of descriptions of landscape areas that will be incorporated into easement documents

being prepared by others.	036
TOTAL

$2,600.00
$2,600.00

V

2200 Park Ave. North

Winter Park. FL

32789-2355

Fax 407-644-8318 

407-644-4068

http://www. dwma. com

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

CINTOSH ASSOCIATES, INC.

cott E. Grossman, PSM Sr. Vice President
c: emitchell@tavistock.com Attachment: Drawing

F:\CONTRACT\Plcp1 2673.doc

Mr. Richard Levey
Greeneway Improvement District - Lake Nona South
Nemours Parkway Phase 6
Preparation of Sketches of Descriptions for Landscape Easements DWMA Job No.  14052.036
November 2, 20 17 
Page 2 of 2

APPROVED AND ACCEPTED

By: ------------
Authorized Representative of Greeneway Improvement District

Date: 	_

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

22Dq:	(407) 644-8318 

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R��rt\�QljlllJ!61Y!WfR PARK,  FLORIDA 32789-2355 • (407) 644-4068 • FAX

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GREENEWAY IM  ROVEMENT DIST  ICT

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KEYMAP - EXHIBIT PROPOSED
NEMOURS PARKWAY PHASE 6 LANDSCAPE EASEMENTS TO GREENEWAY IM PROVEMENT DISTRICT
lHIS  IS  NOT  A  SUR\/£Y	OCTOBER 31, 201 7
 	 DONALD w. MclNTOSH ASSOCIATES, INC. 

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ENGINEERS	PLANNERS	SURVEYORS
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GREENEWAY IMPROVEMENT DISTRICT
Recommendation for Work Authorization / Proposed Services

Brief Description: Conduct gopher tortoise survey within the right-of-way ofNemours

Name ofConsultantNendor: AECOM Technical Services

Is this work pursuant to an existing Agreement?

_	Yes

No

Project Name:   -- "N_,_,e:'.-'m,.,o"-u=rs_,P---'a'-'r'-'k=wac,;_y_,P--'h-"a""s"-e--"6'-'G"'---'-T---'S'-'u'-'r=vey,_,s,______	_

If so, name and date of Agreement:	 	

Yes	__	No

-

Yes

No

Is this project included in the DistrictCapital Improvement Plan?	 	

Are the services required contemplated in theCapital Improvement Plan? Is this a continuation of previously authorized work?

Proposal attached:	X  Yes	No

Yes	No

Form of Agreement Utilized:	 		_

Amount of Services:	$ 2,900.00

Recommendation:	_Approve	Deny

By:	 	
Lany Kaufmann,Chairman
BoggyCreek Improvement DistrictConstructionCommittee

c:	Joe MacLaren Jennifer Walden Tucker Mackie John Florio

Elecia Mitchell
From: Sent: To:
Cc: Subject:

Larry Kaufmann
Friday, November 17, 2017 2:24 PM Elecia Mitchell
Jennifer Walden Uenniferw@fishkind.com}; bdemmer@dwma.com FW: Nemours Phase 6

Attachments:	Revised proposal to GID

Please prepare the attached proposal for the GID Board meeting on 11/21/17.

KOS
Kaufmann Development Services, LLC Larry Kaufmann, PE
(407) 448-6592
LKaufmann@tavistock.com

From: Jason Good
Sent: Friday, November 17, 2017 10:57 AM
To: Larry Kaufmann <lkaufmann@tavistock.com>
Subject: RE: Nemours Phase 6

Correct, you and Lance were copied on it. It needs to get processed through GID.

JASON GOOD, P.E. P: (407) 888-6 505 
C: (32 1) 228-22 1 5 

From: Larry Kaufmann
Sent: Friday, November 17, 2017 9:10 AM To: Jason Good <jgood@tavistock. com> Subject: Nemours Phase 6

Randy told me this AM that he sent you a proposal to check for Gopher Tortoise's. He does not think there are any, but we should paper the investigation for them.

KOS
Kaufmann Development Services, LLC Larry Kaufmann, PE
(407) 448-6592
LKaufmann@tavistock. com

1

Elecia Mitchell

From:
Sent:
To:
Cc: Subject:
Attachments:

Mejeur, Randy < Randy.Mejeur@aecom.com> Monday, November 6, 2017 12:22 PM
Jason Good
Larry Kaufmann; Lance Jackson Revised proposal to GID

AECOM_GID_NemoursPrkway GTSurvey.pdf

Jason - attached is the revised proposal addressed to the GID. Please let me know if you have any questions on this. Randy

1

AECOM

Greenaway lmpr01ement District Nemours Parkway Phase 6 GTSurvey­
November 6, 2017
WORK ORDER #GID-1 1-06-17
Environmental Services

AECOM Project

No:	   TBD		Work Order Date:	No-vember 6�, 2-01-7  -

  Inc. (AECOM)		 	

Project Name:	 Nemours Parkway Phase 6 GTSurveys	

Consultant:

AECOM Technical Services,

Client:	Greeneway Improvement District

Address:

150 N. Orange A1.enue
  Orlando, Florida 32801	

6900 Tavistock Lakes Blw
Address:	Orlando, FL 32827

Scope of Services
AECOM is hereby directed to perform the Scope of Services as outlined in Section 2.0 ofthe Master Services Agreement dated October9, 2008, and as further indicated below. All services shall be accomplished in accordance with the Master Services Agreement into which this Work Order is hereby incorporated.
Project Description

Conduct gophertortoise (Gopherus po/yphemus) survey within the right-ofway of Nemours Parkway Phase 6

Subconsultants
The following professional shall be subconsultants to AECOM, and their fees are included in the fees listed herein: N/A
Environmental Planning and Monitoring Services (included if checked)

X

P roject Coordination
Subconsultant Coordination
Conservation Area Monitoring
Mgml./Maintenance Coordination
Listed Species Survey
Gopher Tortoise Relocation
7 Wetland Delineation
Functional and Hydroperiod Analysis
SFWMD ERP Perm�ting

2. 1 O ACEP Permitting/Mitigation
2. 11 City ofOrlando Permitting
2. 12 FFWCC Permitting
2. 13 USFWS Permitting
2.14 Em,ironmental Planning
2. 15 Environmental Permitting Support to Other Disciplines
2. 16 Third Party DeveloperSupport
2. 17 Construction Monitoring
2. 18 Other Services

Description ofWork Order Scope and Deliverables for Environmental Planning and Monitoring Services:

Task 001 - Nemours Pa rkway Phase 6 GT Survey - AECOM will survey for gophertortoise burrows within the Nemours Parkway Phase 6 right-of-way . AECOM will conduct a 100% survey of the potentially suitable habitat for gopher tortoises within the Phase 6 boundary consistent with FFWCC guidelines. The project site is estimated to include no gopher tortoises based on previous surveys ofthe property. AECOM will prepare a summary memo to the Client with the results ofthe survey. If gopher tortoises and/or their burrows are observed on the site during the survey, permitting with the FFWCC and relocation of gopher tortoises will be conducted as an Additional Service.

WO#GID-l l-06-17	Page I of2

A=COM
Compensation

Greeneway lmpro.,,ement District Nemours Parkway Phase 6 GTSurvey
Novemba-6, 2017

exceeded without Client authorization:

All services shall be provided on a lump sum, including di rect expenses. These budgets will not be
Environmental Planning and Monitoring Services:

001	P	P	6

l

Task #	Task Descriotion
Nemours arl<way	hase GT Surwv

Agreed To and Accepted By:
Greeneway lmpro1.ement District
By: _ 		 Name

Compensation

$ 1 2,900.00

<J

AECOM Technical Services, Inc. By:	·/%Ra�ndy Mejeur

Its: __

Title	_

Its: -�A�s�soc=iat=�V�ic�e'"' P��res=id�e�nt�---

Date:  	

WO #GID-1 1-06-17

Date: _    ,N-"0"'1.e

m.,.b"'e"-r.,,6.,_,.2

1-'-'7'-----

Page 2 of2

,,-� � KI RWI N
��              .:	NORRIS
One Firm. One Focus. Construction Law.

November 3, 2017

Via Email and U.S. Certified Mail-Return Receipt Requested
#7014 0150 0001 1368 4933

Jolm M. Florio, P.E.
Donald W. McIntosh Associates, Inc. 2200 Park Ave. North
Winter Park, Florida 32789-2355
Re:	G1·eenway Improvement District Nemours Parkway Phase 4
Stabilized Median Request for Change Order

Dear Mr. Florio,
Our firm represents Jr. Davis Construction Company, Inc. ("Jr. Davis") regarding the above-referenced matter. As you know my client submitted a Change Order request on September 29, 2017 related to the installation of the Stabilized Median-StalockFiber.  I have reviewed your denial letter dated October 26, 2017 and hereby submit this Claim on behalf of Jr. Davis pursuant to Article 10.05 of the Contract, Standard General Conditions.

As you know the Change Order is for the costs incurred by Jr. Davis forthe installation of the additional stabilization that was mandated by OFD. McIntosh clearly agreed with OFD's requirement for the additional stabilization and acknowledged it was required when it issued a Notice of Revision to Contract Drawings to provide alternatives for stabilization. McIntosh was also aware that there would be a cost associated with providing this additional material. Despite this knowledge, McIntosh improperly denied Jr. Davis' request based upon the arbitrary time limitation it included in the Notice of Revision to Contract Drawings. As will be outlined below, McIntosh's reliance on the Notice of Revision to Contract Drawings language is misplaced.

The Contract at issue was entered in to between Greenway Improvement District and Jr. Davis Construction Company, Inc. McIntosh is not a signatory to the agreement. Article 9 of the Prime Agreement outlines all of the Contract Documents and 'Revision to Contract Drawings' is not included in that list. Article 9(c) further states that "[t]here are no Contract Documents other than those listed above in this A1iicle 9" thus establishing that the document generated by McIntosh regarding the additional stabilization is not a Contract Document and its terms have no legally binding effect on my client. Moreover, the Change Order procedure outlined in the General Conditions does not include a time limitation for the submission of Change Orders. The Contract Documents do include a potential exhibit called a "Work Change Directive". A Work Change Directive is defined in the Contract Documents as "[a] written statement to Contractor issued on

Orlando

Ft.	15 W. Church Street, Suite 301 • Orlando, Florida 32801 • Phone 407-740-6600 • Fax 407-740-6363

Lauderdale 11 O E. Broward Blvd., Suite 1570 • Ft. Lauderdale, Florida 33301 • Phone 954-759-0026 • Fax 954-759-0028
kirwinnorris.com

John M. Floria, P.E. November 3, 2017
Page 2 of 2
or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion or revision in the Work...A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a  Work  Change  Directive will be  incorporated  into  a  subsequently issued Change Order." (emphasis added). Therefore, at best, the Revision to Contract Drawings issued by McIntosh was a Work Change Directive that anticipated a subsequent Change Order. Given that the contract.does not provide any time limitations for a Change Order, Jr. Davis' Change Order for the additional stabilization was timely served in accordance with the Contract Documents.
There is no disagreement that Jr. Davis incurred costs associated with providing the additional stabilization. There is also no dispute over the reasonableness of the amount being sought in the Change Order. It would be patently unfair to refuse to reimburse Jr. Davis for the cost of installing materials to the Project that were required by OFD and the Engineer of Record and for which the Owner has clearly benefitted.
McIntosh's continued denial of my client's timely and valid claim will leave them no choice but to invoke the dispute resolution procedures provided for in the Contract. Should this course of action be necessary Jr. Davis will seek to recover the prevailing party attorney's fees associated with any future litigation, the costs of which will invariably exceed the current Claim.
Please do not hesitate to contact me with any questions or concerns.

Sincerely,

BPK/at
cc:	Jr. Davis Construction Company

4837-4263-3043, V. 1

�
Brian P. Kirwin

Nemours Parkway Phase 4 Stabilized Median - Stalok Fiber

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

Quote To:

Contact: Phone: HCSS#
John Florio P.E.

Jimbo Bjorkland 407-870-0066 JIMB01842-3

Proposal Date:

3/13/2017 

Donald W. McIntosh Associates,Inc. 2200 ParkAvenue North
Winter Park, Florida 32789

Plan Date:

1 1/22/16 

ITEM

DESCRIPTION

 	100 Stabilized Median - Stalok Fiber
GRAND TOTAL

QUANTITY	UNlT	UNIT PRICE	AMOUNT 2,697.00		SY		11 .16		30,098.52
$30,098.52

NOTES:

This unit price utilizes the installation of the alternative 1Stalok Fiber Pavement System' Plans dated l1/22/16.

Page 1 of 1

I

CloNALD W. MclNTDSH

DATE:

November 21, 20 17 

MEMORANDUM

 t1 D

AssoclATEs, lruc.

TO: FROM: RE:

Greeneway Improvement District Board of Supervisors
Donald W. McIntosh Associates, Inc. District Engineer
ConstructionContract Status

Dear Board Members,
Please accept this correspondence as a current summary of our construction contract status. Listed below by project is a brief summary of recent contract activity. Copies of the latest Change Order logs are attached.

CIVIL ENGINEERS

LAND PLANNERS

SURVEYORS

2200 Park Ave. North Winter Park, FL 32788-2355
Fax 407-644-83 18 

407-644-4068

http://www dwma.com

Laureate Boulevard Distressed Pavement Replacement - Jr. Davis Construction, Inc.
Construction Status: Project is complete. City is requiring a 2 year maintenance bond.
This project will be completed and closed-out by next meeting so this subject project will be removedfromfuture reports.
Change Order (C.O.) Status:	Change Order No. 2 in the amount of $556.60 to . add maintenance bond amount to contract.
Recommended Motion: Approve Change No. 2 in the amount of $556.60 and authorize District Engineer to executeChange Order.

Nemours Parkway Phase 4 - Jr. Davis Construction, Inc. / Yellowstone Landscape Group
Construction Status: The final project ce1tification package was submitted to the City of Orlando  on  July  7,  2017.   Acceptance  letters  from  the City Water Reclamation Division (formerly the Wastewater Division) were received by District Staff on August 7, 2017 confirming that the permit closeout requirements for the reclaimed water and wastewater systems have been met.
Jr. DavisConstructionChange Order (C.O.) Status: None at this time.
Recommended Motion: None at this time.
YellowstoneChange Order (C.O.) Status: None at this time.
Recommended Motion: None at this time.

F:\Proj2003\232 1 6\ENGadmin\C\ec1 157.docx

I

lvfemorandum
Re:		Greeneway Improvement District Construction Contract Status
November 21, 2017
Page 2

Nemours Parkway Phase 5 - Jr. Davis Construction, Inc. / BrightView
Construction Status: Notice to Proceed was issued to Jr. DavisConstruction effective July 12, 2017. Awaiting Manager of Maintenance's summary of direct owner purchase landscape materials to deduct from contract. TheCity of Orlando preconstruction meeting was held on Wednesday, May 31, 2017 at 11 :00 a.m. The OUC Water preconstruction meeting was held on site on August 9, 201 7.  TheContractor has completed the installation of the underground pmtion of the drainage system and the sanitary sewer system. Installation of the water mains and services, and the reclaimed mains is complete within the limits of phase one. Pressure testing of the phase one reclaimed water mains is in process. The contractor has also completed the stabilized subgrade and roadway base course within phase one and is in the process of completing the median underdrain installation within phase one. The District Manager of Maintenance has determined that no landscape material will be owner purchased.
Change Order (C.O.) Status: Change Order No. 3 to add 9 calendar days to the contract as a result of Hurricane Irma with the New Substantial Completion Date Januaiy 27, 2018 and no additional cost.
Recommended Motion: ApproveChange Order No. 3 to add 9 calendar days to the contract changing theCompletion Date to January 27, 2018 and authorize District Engineer to execute Change Order when finalized.

Nemours Parkway Phase 6- Jr. Davis Construction, Inc. / BrightView
Construction Status: Notice of Award was issued to Jr. Davis Construction on August 1 7, 201 7.   Bonds have been recorded.   Notice to Proceed to be issued pending permit issuance. TheCity of Orlando preconstruction conference was held on October 31, 2017. 
Change Order (C.O.) Status: None at this time.
Recommended Motion: None at this.time.
Should there be any questions, please advise. Thank you.
End ofmemorandum.

c:	Mr. Larry Kaufmann Jason Good, P.E. Ms. Patrice Ragusa
JamesC. Nugent, P.E.

F,1rwj20o312f3'e)N'A<i!!i!!)CW'.57M!:: INTOSH  Associates,

Inc.

2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789-2355 • (407) 644-4068 • FAX (407} 644-8318 

LAKE NONA SOUTH
Greeneway Improvement District Laureate Boulevard Pavement Reconstruction

I

!

I

Change Order Log Jr. Davis

C0 1	2/7/2016 I	Option #3 w GeoGrid	
0	$	83,251.44 I Approved	$	289,759.44	2/21/2016	2/21/2016		
CO2	11/16/2017	Asphalt Repair Maintenance Bond		$	556.00I Pending	$	290,315.44	11/21/2017			

									

									

F:\FORMS\Construction\Logs\CDD LOGS

CO Laureate Blvd Pavement Rehab

11/17/2017	Page 1

LAKE NONA SOUTH
Greeneway Improvement District Nemours Parkway Phase 4 Change Order Log

C0#1	10/28/2016 Utility service relocation

C0 #2

3/16/2017     Shgeneatg2e1a1npdlaSntsrirpeinvgisRedevoisne3d/7-/B17ased off
I   4/13/2017    IrDeeplleatceeNwoitnh-DReecgourlaattiorveyRDeegcuolaratotrivyeSSigignsnsand I

0

0

0

$

$

I $ 

16,072.95      Approved    I $
1,100.00     Approved   I  $
2.2sa.1s 1  Approved I $  

(1 ,879,38)1    Approved   I $
30,oss.s2 I Approved

614,640,95 l

s1s.14o.ss I

11/15/2016

2/21/2017

4/18/2017

5/16/2017

9/15/2017

I

I

C0#3

s1s.oos.10 I

616,129.72  1
s4s,22s.24  I

I

11/15/2016

2/21/2017

4/18/2017

I

5/16/2017

I

I

Hold for further discussion.

Jr. Davis

C0#4	5/2/2017	bDeehleindte Gcurrabsssing within R/VV and Sod 2'	0	
$	

C0#5	8/1/2017	Stabilized Median - Stalok Fiber	0	
$	

F:\FORMS\Construction\Logs\CDD LOGS

CO Nemours 4 Greenway

11 /16/2017	Page 3

LAKE NONA SOUTH
Greeneway Improvement District Nemours Parkway Phase 5 Change Order Log

I

I

j

I

(:�2,480.60)1   Approved   1  $
19,374.95 ] Approved

I Pending

2·510,SSS.4S I A8M/1O5/U2N01T7/TROEV9/I1S9E/D17 1

2.s30.040.40 I

2,s3o.o4o.4o  I

10/17/2017

11 /21/2017

I

9/19/2017

10/17/2017

Jr. Davis

1	I	
rect tOi wner Purchase - Materials	0	$	
	8/3/2017     ISDteodrumcRoensvisions: DM-9 to Ex. DM-45
modified per revised plans dated 6/16/1 7;			
,:	9/26/2017    1spisltrsauenseedtdL9aigt/e1h4dti1n61g7/1C6in/oc1nl7ud;duLeitdaan; ddSdsigecnadappgeeeRr&reevSvisistrioiepndings
Revisions issued 9-25-17 included	0		
�	11 /10/2016   !CSuobnstrtaacnttiCalaCleonmdaprledtaioynsDeaxte JsaionunaNryew27,
2018.	9	J $ 	

F:\FORMS\Construction\logs\CDD LOGS

CO Nemours 5 Greenway (2)

11/16/2017	Page 4

LAKE NONA SOUTH

Jr. Davis

Greeneway Improvement District Nemours Parkway Phase 6 Change Order Log

F:\FORMS\Construction\Logs\CDD LOGS

CO Nemours 6 Greenway (3)

11/16/2017

Page 5