Midtown Improvement District
3501 Quadrangle Boulevard, Suite 270, Orlando, FL 32817; Phone: 407-723-5900

The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Midtown Improvement District (“District”), scheduled to be held at 4:30 p.m. on Tuesday, September 21, 2021 at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

District Staff, please use the following information to join via the computer or the conference line: Phone: 1-844-621-3956	Computer: pfmgroup.webex.com Participant Code: 796 580 192#

BOARD OF SUPERVISORS’ MEETING AGENDA

Organizational Matters
Roll Call to Confirm Quorum
Public Comment Period
Swearing in Newly Elected Supervisors
Consideration of the Minutes of the August 17, 2021 Landowners’ Election Meeting
Consideration of the Minutes of the August 17, 2021 Board of Supervisors’ Meeting
Consideration of Resolution 2021-32, Designating Registered Agent
Consideration of Resolution 2021-33, Designating Primary Administrative Office and Local Records Office

Business Matters
Consideration of Statement of Qualifications for the Position of District Engineer
Consideration of Acquisition and Advanced Funding Agreement
Consideration of Landscape Agreements with Cepra
Agreement for Landscape and Irrigation Maintenance Services (Sections 1-3)
Cepra Unit Pricing Reqeust
Consideration of Berman Agreement (provided under separate cover)
Public Hearing on the Adoption of the District’s Fiscal Year 2021 Annual Budget
Public Comments and Testimony
Board Comments
Consideration of Resolution 2021-34, Adopting the Fiscal Year 2021 Budget and Appropriating Funds
Public Hearing on the Adoption of the District’s Fiscal Year 2022 Annual Budget
Public Comments and Testimony
Board Comments
Consideration of Resolution 2021-35, Adopting the Fiscal Year 2022 Budget and Appropriating Funds
Consideration of Fiscal Year 2021/2022 Budget Funding Agreement
Public Hearing on the District’s Use of the Uniform Method of Levying, Collection and Enforcing Non Ad-Valorem Assessments

Public Comments and Testimony
Board Comments
Consideration of Resolution 2021-36, Adopting the Uniform Method
Public Hearing on the Adoption of the District’s Rules of Procedure
Presentation of the Rules of Procedure
Public Comments and Testimony
Board Comments
Consideration of Resolution 2021-37, Adopting Rules of Procedure
Ratification of Payment Authorization Nos. 001 – 008
Recommendation of Work Authorization/Proposed Services (if applicable)
Review of District’s Financials

Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Construction Supervisor
Landscape Supervisor
Irrigation Supervisor
Supervisor Requests

Adjournment

Midtown Improvement District

Oath of Office

MIDTOWN IMPROVEMENT DISTRICT BOARD OF SUPERVISORS

OATH OF OFFICE

I,	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF MIDTOWN IMPROVEMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

Board Supervisor
ACKNOWLEDGMENT OF OATH BEING TAKEN STATE OF FLORIDA
COUNTY OF ORANGE

The foregoing oath was administered before me this	day of	, 2021, by	, who personally appeared before me,
and is personally known to me or has produced	as
identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of Midtown Improvement District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

Notary Public, State of Florida

Print Name:  	

Midtown Improvement District

Minutes of the August 17, 2021 Landowners’ Election Meeting

Midtown
Improvement District
The Landowners’ Meeting of the Midtown Improvement District was held on Tuesday, August 17, 2021 at 2:45 p.m. at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827.

Drew Dawson	Proxyholder
Jennifer Walden	PFM
Tucker Mackie	Hopping, Green & Sams

FIRST ORDER OF BUSINESS	Call to Order

Ms. Walden called the meeting to order at 2:46 p.m.

SECOND ORDER OF BUSINESS	Appointment	of Chairperson for the Purpose of Conducting the Landowners’ Meeting

Ms. Walden acted as the Chairperson for the meeting.

THIRD ORDER OF BUSINESS	Determination of Number of Voting Units Represented or Assigned by Proxy

Ms. Walden noted that Mr. Dawson presented the appropriate documents that show he was appointed the proxyholder for Lake Nona Land Company, LLC which designated that he is authorized to cast 338 votes.

FOURTH ORDER OF BUSINESS	Acceptance of Nominations for the Board of Supervisors

Ms. Walden called for nominations. Mr. Dawson nominated Richard Levey to Seat 1, Damon Ventura to Seat 2, Rob Adams to Seat 3, Julie Salvo to Seat 4, and Brent Schademan to Seat 5.

FIFTH ORDER OF BUSINESS	Casting of Ballots

The ballots were cast as follows:
Richard Levey to Seat 1 with 100 votes
Damon Ventura to Seat 2 with 100 votes

Rob Adams to Seat 3 with 46 votes
Julie Salvo to Seat 4 with 46 votes
Brent Schademan to Seat 5 with 46 votes

SIXTH ORDER OF BUSINESS	Ballot Tabulations and Announcement of Election Results

Ms. Walden noted that Richard Levey and Damon Ventura will each serve a 4-year term and Rob Adams, Julie Salvo, and Brent Schademan will each serve a 2-year term.

SEVENTH ORDER OF BUSINESS	Adjournment

Ms. Walden adjourned the Landowners’ Meeting.

Secretary/Assistant Secretary	Chairman/Vice Chairman

Midtown Improvement District

Minutes of the August 17, 2021 Board of Supervisors’ Meeting

MIDTOWN IMPROVEMENT DISTRICT BOARD OF SUPERVISORS’ MEETING MINUTES

FIRST ORDER OF BUSINESS	Roll Call to Confirm a Quorum

The Board of Supervisors’ Meeting for the Midtown Improvement District was called to order on Tuesday, August 17, 2021, at 4:30 p.m. at the Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd, Orlando, FL 32827.

Present:

Richard Levey	Chairman		
Rob Adams	Vice-Chairman		
Brent Schademan	Assistant Secretary		
Also attending:			
Jennifer Walden	PFM		
Amanda Lane	PFM	(via phone)	
Tucker Mackie	Hopping Green & Sams		
Jeff Newton	Donald W. McIntosh Associates, Inc.		
Larry Kaufmann	Construction Supervisor & Construction Committee Member
(via phone)
Scott Thacker	District Landscape Supervisor
Chris Wilson	Construction Committee Member
Matt McDermott	Construction Committee Member

SECOND ORDER OF BUSINESS	Public Comment Period

Dr. Levey called for public comments. There were no public comments at this time.

THIRD ORDER OF BUSINESS	Swearing in Newly Elected Board Members

Ms. Walden noted for the record that Dr. Levey, Mr. Adams, and Mr. Schademan were administered the oath of office before the start of the meeting.

FOURTH ORDER OF BUSINESS	Consideration of the Minutes of the July 7, 2021, Organizational Board of Supervisors’ Meeting

Dr. Levey noted the District has a consent agenda. Ms. Walden noted a consent agenda is generally routine and may be approved en masse by a single motion. She noted the annual meeting schedule will be updated to 3:30 p.m. and for Resolution 2021-30 the Purchasing Agent mentioned in the Resolution will be the District Engineer.

FIFTH ORDER OF BUSINESS	Consideration of the Minutes	
of the July 20, 2021, Board of	
Supervisors’ Meeting	

SIXTH ORDER OF BUSINESS	
Consideration	
of Resolution	
	2021-28,	Canvassing	and	
Certifying the Results of the	
Landowners’ Election	

SEVENTH ORDER OF BUSINESS	
Consideration of Resolution	
2021-29, Approving an Annual	
Meeting Schedule for Fiscal	
	Year 2022				

EIGHTH ORDER OF BUSINESS	
Consideration	
of Resolution	
	2021-30,	Authorizing	the	
	District	to	Purchase	
Construction Materials	
Dr. Levey requested approval of the entire consent agenda.	

On Motion by Mr. Adams, second by Mr. Schademan, with all in favor, the Board of Supervisors for the Midtown Improvement District approved all of the items within the consent agenda, with the changes noted.

NINTH ORDER OF BUSINESS	Consideration of Resolution 2021-31, Election of Officers

Ms. Walden recommended keeping the current slate of officers the same and adding in Mr. Schademan as an Assistant Secretary.

On Motion by Mr. Adams, second by Mr. Schademan, with all in favor, the Board of Supervisors for the Midtown Improvement District approved Resolution 2021-31, Election of Officers.

TENTH ORDER OF BUSINESS	Consideration of Construction Committee Recommendations for Request for Qualifications from Contractors Interested in Providing	Construction Services for Master Infrastructure Improvements

Mr. Kaufmann noted a memo is attached to the agenda package of the recommendations of the Construction Committee for the RFQ that was sent out for all five Lake Nona Districts. The Districts received 10 responses to the RFQ. It is the recommendation of the Construction Committee that all 10 be prequalified

for Master Infrastructure Services with the condition that Garney Companies, Inc. be limited to utility work and Phillips & Jordan, Inc. be limited to earthwork since their experience, as documented in their responses to the RFQ, are primarily in those areas. The Construction Committee deemed several minor deficiencies as waivable, and there were other deficiencies found in responses related to surety letters and insurance certificates which District staff will work to resolve with the Contractors.

On Motion by Mr. Schademan, second by Mr. Adams, with all in favor, the Board of Supervisors for the Midtown Improvement District accepted the Construction Committee’s recommendation to prequalify for Master Infrastructure Improvements all 10 Contractors with the condition that Garney Companies, Inc be prequalified only for utilities and Phillips & Jordan, Inc only be prequalified for earthwork, waiving minor deficiencies and subject to District Staff contacting Contractors to resolve deficiencies.

ELEVENTH ORDER OF BUSINESS	Request to Advertise Invitation to Bid for Centerline Drive Segments B, C & D

Mr. Newton explained this is a portion of Centerline Drive running from Tavistock Lakes Boulevard down to Kellogg Avenue. The District is at the point in design and permitting where it makes sense to put it out to bid.

On Motion by Mr. Adams, second by Mr. Schademan with all in favor, the Board of Supervisors for the Midtown Improvement District authorized District Staff to Advertise Invitation to Bid for Centerline Drive Segments B, C & D.

TWELFTH ORDER OF BUSINESS	Consideration of Acquisition of Right-of-Way for Centerline Drive Segments B, C, & D

Dr. Levey asked if the Board could take this item and the next item together. Ms. Mackie responded that they could.

THIRTEENTH ORDER OF BUSINESS	Consideration of Acquisition of Right-of-Way for Centerline Drive Segment F

Ms. Mackie explained that, in anticipation of platting, the District anticipates being requested by the Developer to acquire Parcels B, C, D, & F, which are noted on the same map just reviewed for the invitation to bid. She recommended approving the acquisition at a not-to-exceed amount of $170,000.00 for Segment B, $35,000.00 for Segment C, $170,000.00 for Segment D and $160,000.00 for Segment F.

On Motion by Mr. Adams, second by Mr. Schademan with all in favor, the Board of Supervisors for the Midtown Improvement District approved the Acquisition of Right-of-Way for Centerline Drive Segments B, C, D, & F in a not-to-exceed amount of $170,000 for Segment B, $35,000 for Segment C, $170,000 for Segment D and $160,000 for Segment F.

FOURTEENTH ORDER OF BUSINESS	Recommendation Authorization/Prop Services	of osed	Work	
Mr. Kaufmann noted there were no Work Authorizations for this District.	

FIFTEENTH ORDER OF BUSINESS	
Review Financials	
of	
Distri	
ct’s	

The Board reviewed the District Financial Statements through July 31, 2021. No action is required by the Board.

SIXTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel –	Ms. Mackie noted the Board accepted an assignment of the Cost Share
Agreement for Centerline Drive at the last meeting. She explained it is anticipated that Consultant Agreements for the design of that segment will be drafted in between meetings. She asked the Board to authorize the Chair to review and approve those Assignments which will be brought back for ratification.

On Motion by Mr. Schademan, second by Mr. Adams, with all in favor, the Board of Supervisors for the Midtown ID Improvement District authorized the Chair to execute Assignments of Consultant Agreements for the design of Centerline Drive.

District Manager –	No Report	

District Engineer –	
Mr. Newton presented the Construction Contract Status Memorandum (Minutes Exhibit A). He noted the only project currently under construction is Centerline Drive Segment F. He issued a memo to the Contractor directing them to limit their work to erosion control, clearing and grubbing, and embankment grading pending resolution of OUC’s electric redesign.	

Construction Supervisor –	
No Report	

District Landscape Supervisor- No Report Irrigation Supervisor-	No Report

SEVENTEENTH ORDER OF BUSINESS	Supervisor	Requests	& Adjournment

There were no Supervisor requests, so Dr. Levey requested a motion to adjourn.

On Motion by Mr. Adams, second by Mr. Schademan, with all in favor, the August 17, 2021, meeting of the Board of Supervisors for the Midtown Improvement District was adjourned.

 	_ 		 	_ 	
Secretary/Assistant Secretary	Chairman/Vice Chairman

MEMORANDUM

DATE:	August 17, 2021

TO:	Midtown Improvement District Board of Supervisors

FROM:	Donald W. McIntosh Associates, Inc.
District Engineer

RE:	Construction Contract Status

Dear Board Members,

Please accept this correspondence as a current summary of our construction contract status. Listed below by project is a brief summary of recent contract activity.

Centerline Drive Segment F – Jr. Davis Construction Company, Inc.:
(Note: this construction project is being managed by Poitras East CDD)

Construction Status: The contractor has been notified to limit their work on Centerline Drive to only erosion control, clearing, grubbing and embankment grading pending resolution with OUC of the electrical system redesign. Contractor has mobilized and started installation of the silt fence in preparation of clearing and grubbing.

Change Order (C.O.) Status: None

Recommended Motion: None

Centerline Drive Segments B, C & D:

Construction Status: The final engineering plans are in permitting and the project is ready for bidding.

Change Order (C.O.) Status: None

Recommended Motion: None

Should there be any questions, please do not hesitate to call. Thank you.
End of memorandum. c:	Larry Kaufmann
Matt McDermott Chris Wilson Dan Young Tarek Fahmy

F:\Proj2021\21505\ENGadmin\C\ec003 Construction Memo 8-17-21.docx

Midtown Improvement District

Resolution 2021-32, Designating Registered Agent

RESOLUTION 2021-32

A RESOLUTION OF THE BOARD OF SUPERVISORS OF MIDTOWN IMPROVEMENT DISTRICT DESIGNATING A REGISTERED AGENT AND REGISTERED OFFICE OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Midtown Improvement District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Florida; and

WHEREAS, the District is statutorily required to designate a registered agent and a registered office location for the purposes of accepting any process, notice, or demand required or permitting by law to be served upon the District in accordance with Section 189.014(1), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF MIDTOWN IMPROVEMENT DISTRICT:

Section 1. Ms. Jennifer Walden is hereby designated as Registered Agent for the Midtown Improvement District.

Section 2. The District's Registered Office shall be located at 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida 32817.

Section 3. In accordance with Section 189.014, Florida Statutes, the District’s Secretary is hereby directed to file certified copies of this resolution with Orange County and the Florida Department of Economic Opportunity.

Section 4. This Resolution shall become effective immediately upon adoption.

PASSED AND ADOPTED this 21st day of September, 2021.

ATTEST:	MIDTOWN IMPROVEMENT DISTRICT

Secretary/Assistant Secretary	Chairperson

Midtown Improvement District

Resolution 2021-33,
Designating Primary Administrative Office and Local Records Office

RESOLUTION 2021-33

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT DESIGNATING THE PRIMARY ADMINISTRATIVE OFFICE AND PRINCIPAL HEADQUARTERS OF THE DISTRICT; DESIGNATING THE LOCATION OF THE LOCAL DISTRICT RECORDS OFFICE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Midtown Improvement District (the “District”) is a local unit of special- purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Florida; and

WHEREAS, the District desires to designate its primary administrative office as the location where the District’s public records are routinely created, sent, received, maintained, and requested, for the purposes of prominently posting the contact information of the District’s Record’s Custodian in order to provide citizens with the ability to access the District’s records and ensure that the public is informed of the activities of the District in accordance with Chapter 119, Florida Statutes; and

WHEREAS, the District also desires to specify the location of the District’s principal headquarters for the purpose of establishing proper venue under the common law home venue privilege applicable to the District; and

WHEREAS, the District is statutorily required to designate a local district records office location for the purposes of affording citizens the ability to access the District’s records, promoting the disclosure of matters undertaken by the District, and ensuring that the public is informed of the activities of the District in accordance with Chapter 119 and Section 190.006(7), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT:

SECTION 1. The District’s primary administrative office for purposes of Chapter 119, Florida Statutes, shall be located at 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida 32817.

SECTION 2. The District’s principal headquarters for purposes of establishing proper venue shall be located at 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida 32817, within Orange County, Florida.

SECTION 3. The District’s local records office shall be located at 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida 32817.

SECTION 4.	This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 21st day of September, 2021.

ATTEST:	MIDTOWN IMPROVEMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Midtown Improvement District

Statement of Qualifications
for the Position of District Engineer

..

DONALD W. MCINTOSH AsSOCIATES, INC.

PFM Group Consulting, LLC
Attn: Jennifer Walden, District Manager 3501 Quadrangle Boulevard, Suite 270
Orlando, Florida 32817

August 25, 2021
Via UPS

CIVIL ENGINEERS

LAND PLANNERS

SURVEYORS

2200 Park Ave. North

Winter Park, FL

32789-2355

Fax 407-644-831 8

407-644-4068

Re:		Request for Qualifications for Engineering Services Midtown Improvement District
Orlando, Florida Dear Ms. Walden:
We are pleased to enclose eight copies of the statement of qualifications and past experience for Donald W. McIntosh Associates, Inc. on U.S. General Service Administration's "Architect-Engineer Qualifications, Standard Form No. 330" and pertinent supporting data pursuant to your legal advertisement for the subject services. Specifically, the following items are enclosed:
U.S. General Service Administration's "Architect-Engineer Qualifications, Standard Form No. 330"
Certificate of Florida Incorporation
Florida Registry for Professional Engineering Company
Florida Professional Surveyor and Mapper Business License
Organizational Chart of Proposed Team
By way of introduction, Donald W. McIntosh Associates, Inc. was formed in 1957 in Miami Shores, Florida, and incorporated in Florida in 1966. The Firm consists of civil engineering, surveying and construction phase services departments with a staff of 60 professionals, technicians and support personnel. All personnel are permanently located and operate from our corporate office in Winter Park, Florida.
Our Engineering Department consists of a team of professionals functioning in roles as project managers, project engineers, design/CADD technicians and administrative assistants. The Engineering Department operates as a group of individual teams, each headed by a project manager who is a Professional Engineer registered in Florida. Each design team is qualified for complete project design, from conceptual through final design and permitting, utilizing this project team approach. The grading, stormwater, utility and paving elements of each project are interrelated and developed by the design team as an integral work effort. During the construction phase of a project, a registered professional engineer is responsible for performing and/or coordinating construction observation services and the design team remains available throughout the construction of the project for assisting with issues that may arise in the field.
Our Survey Department also operates as a group of individual teams, each headed by a project manager who is a Professional Surveyor and Mapper registered in Florida. Survey services include boundary, topographic, tree and environmental line/wetland surveys, construction staking, as-built surveys, cartography and platting. The Survey Department has five field crews, all equipped with state-of-the-art survey equipment. Each field crew is headed by an experienced crew chief with five to twenty years of experience in that capacity. Our Survey Department employs the latest technologies, including GPS and drone survey technology.

mk226 MID ltr

http://www.dwma.com

PFM Consulting Group, LLC

Attn: Jennifer Walden, District Manager
August 25, 2021
Page2

Donald W. McIntosh Associates, Inc. has performed work throughout Florida, as well as in North Carolina, the Bahamas, the U. S. Virgin Islands, Puerto Rico and Central America. The firm's versatility and past performance are demonstrated by its successful completion of countless single family, multifamily, hotel/resort, golf course, retail, office, civic, institutional, industrial and infrastructure projects over the past 60 years. The Firm and our professional staff also have substantial experience in eminent domain assistance, expert witness testimony and special districts, currently serving as the District Engineer for seven active community development districts and having served in varying capacities for numerous other special districts in the past. Our long list of satisfied clients, many of whom we have served for decades, is testament to our willingness and ability to provide the highest quality of professional services on time and within budget. Our extensive experience in the City of Orlando, having been the primary engineering and surveying firm in the Lake Nona community for over 20 years, and the high regard held for our firm by City staff will provide the District with a great advantage as it implements its Capital Improvement Program in the years to come.
Donald W. McIntosh Associates, Inc. has been involved in one capacity or another with the Lake Nona PD for over 20 years. We are currently honored to be the Interim District Engineer for the Midtown Improvement District as well as the project surveyor and civil engineer for numerous infrastructure improvement projects within the Lake Nona PD property. Our current and projected workloads already include all of the currently planned infrastructure improvements within the District, which were contracted by the Greeneway Improvement District prior to the establishment of the Midtown Improvement District. Our extensive knowledge of this project will greatly assist the District in their future endeavors.   As you will see from review of the client list included in our Architect-Engineer Qualifications, Standard Form No. 330, Donald
W. McIntosh Associates, Inc. serves several Community Development Districts as well as a wide variety of other clients with professional services that are directly related to the services required by this District. Services performed include preparation of master Community Development District documents; assistance with master stormwater and utility systems development; roadway, utility and drainage engineering and permitting; project management and coordination; construction administration; and professional testimony.
We look forward to serving the Midtown Improvement District as its District Engineer. Should you require a personal interview or wish to discuss these qualifications further, please do not hesitate to call. Additional information can be provided upon request.
Yours truly,
JJN/lt	 Enclosures

F:\Marketing\M\mk226 MID !tr.doc
DONALD W. MclNTOSH Associates, Inc.
2200 PARK AVENUE NORTH, WINTER PARK, FLORIOA 32788-2355 • (407] 644-4068 • FAX [407] 644-8318
http:/ /www.dwma.com

ARCHITECT-ENGINEER QUALIFICATIONS

PART I -CONTRACT-SPECIFIC QUALIFICATIONS

CONTRACT INFORMATION

TITLE AND LOCATION (City and State)
Engineering Services for the Midtown Improvement District ("District") located in the City of Orlando, Florida
PUBLIC NOTICE DATE	3. SOLICITATION OR PROJECT NUMBER
08/10/2021	N/A
ARCHITECT-ENGINEER POINT OF CONTACT

NAME AND TITLE
Jeffrey J. Newton, P.E. - President
NAME OF FIRM
Donald W. McIntosh Associates, Inc.

6. TELEPHONE NUMBER
407-644-4068

7. FAX NUMBER
407-644-8318

PROPOSED TEAM
(Complete this section for the prime contractor and all key subcontractors.)
	(Check)	

9. FIRM NAME	

10. ADDRESS	
11. ROLE IN THIS CONTRACT	
	w
a::
Q.	ffi
f-				
		D.'
l,o:::	ci. g:				

a.				Donald W. McIntosh Associates, Inc.

□CHECK IF BRANCH OFFICE	2200 Park Avenue North Winter Park, FL 32789	District Engineer	

b.				
□CHECK IF BRANCH OFFICE			

c.				
□CHECK IF BRANCH OFFICE			

d.				
□CHECK IF BRANCH OFFICE			

e.				
□CHECK IF BRANCH OFFICE			

f.				
□CHECK IF BRANCH OFFICE			
ORGANIZATIONAL CHART OF PROPOSED TEAM	[Z] (Attached)

AUTHORIZED FOR LOCAL REPRODUCTION	STANDARD FORM 330 (REV. 8/2016)

RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

Jeffrey J. Newton, P.E.	13. ROLE IN THIS CONTRACT

Principal-in-Charge	14. YEARS EXPERIENCE	
		a. TOTAL	lb. WITH CURRENT FIRM
37	13	

FIRM NAME AND LOCATION (City and State)
Donald W. McIntosh Associates, Inc., Winter Park, Florida
EDUCATION (Degree and Specialization)
Bachelor of Mechanical Engineering
The Johns Hopkins University, Baltimore, MD

CURRENT PROFESSIONAL REGISTRATION (State and Discipline)
Registered Engineer, State of Florida #55033

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
Member - National Society of Professional Engineers	Qualified Stormwater Management Inspector #1144 Member - American Society of Civil Engineers
Member - Florida Engineering Society
RELEVANT PROJECTS

a.	(1) TITLE AND LOCATION (City and State)

Midtown Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESICONSTRUCTION (If applicable)
Ongoing	N/A	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z]Check if project performed with current firm
Interim District Engineer
Involved in the creation, implementation and ongoing operations of the ±389-acre Midtown Improvement District. The currently contemplated Development Program includes both residential and non-residential uses as well as community
amenities and recreational facilities.	

b.	(1) TITLE AND LOCATION (City and State)

Poitras East Community Development District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES,CONSTRUCTION (If applicable)
Onaoina	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
District Engineer
Involved in the creation, funding, implementation and ongoing operation of the Poitras East COD, which encompasses
±1,060 acres of land containing both residential and non-residential uses as well as a school, community park and fire station.	

C.	(1) TITLE AND LOCATION (City and State)

Boggy Creek Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESICONSTRUCTION (If applicable)
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z]Check if project performed with current firm
District Engineer
Involved in the funding, implementation and ongoing operation of the Boggy Creek ID, which encompasses ±1,126 ares of land containing a variety of uses including retail, hospital/office, research and development, hotel rooms, restaurants
and civic/community facilities.	
	(1) TITLE AND LOCATION (City and State)

Greeneway Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES,CONSTRUCTION (If applicable)
Ongoing	NIA	

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
d. District Engineer
	Involved in the funding, implementation and ongoing operation of the Greeneway ID, which encompasses ±817 acres of
land containing retail/commercial uses, office uses, civic/community facilities and both single family and multi-family dwelling units.	

e.	(1) TITLE AND LOCATION (City and State)

Myrtle Creek Improvement District	(2) YEAR COMPLETED
PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)	
		
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
District Engineer
Involved in the implementation and ongoing operation of the Myrtle Creek ID, which encompasses ±1,087 acres of land containing a variety of uses including retail, hotel rooms, sports/recreational facilities, civic/community facilities and
residential dwelling units.	
STANDARD FORM 330 (REV. 8/2016) PAGE 2

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

Scott E. Grossman, PSM	13. ROLE IN THIS CONTRACT

Survey Project Manager	14. YEARS EXPERIENCE	
		a. TOTAL	lb. WITH CURRENT FIRM
39	39	
15. FIRM NAME AND LOCATION (City and State)

16. EDUCATION (Degree and Specialization)

17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)

Professional Surveyor and Mapper, State of Florida #5048

Donald W. McIntosh Associates, Inc., Winter Park, Florida
OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

Member, Florida Surveying and Mapping Society
Member, Central Florida Chapter of the Florida Surveying and Mapping Society

RELEVANT PROJECTS

a.	(1) TITLE AND LOCATION (City and State)

Midtown Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	N/A	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[{]   Check if project performed with current firm

Project Surveyor
Provides land surveying services supporting infrastructure development within the ±389-acre Midtown Improvement District. Also provides surveying services related to development within the District.	

b.	(1) TITLE AND LOCATION (City and State)

Poitras East Community Development District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[{]   Check if project performed with current firm

Project Surveyor
Provides land surveying services supporting infrastructure development within the ±1,060- acre Poitras East CDD. Also provides surveying services related to development within the District.	

C.	(1) TITLE AND LOCATION (City and State)

Boggy Creek Improvement District, Orlando, FL	(2) YEAIR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[{]   Check if project performed with current firm

Project Surveyor
Provides land surveying services for and within the Boggy Creek Improvement District which encompasses ±1,126 acres of land. Work performed includes boundary surveys, topographical surveys, platting, sketches of description, etc.	

d.	(1) TITLE AND LOCATION (City and State)

Greeneway Improvement District, Orlando, FL	(2) YEAIR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	N/A	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[{]   Check if project performed with current firm
Project Surveyor
Provides land surveying services for and within the Greeneway Improvement District which encompasses ±817 acres of land. Work performed includes boundary surveys, topographical surveys, platting, sketches of description, etc.	

e.	(1) TITLE AND LOCATION (City and State)

Myrtle Creek Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[{]   Check if project performed with current firm

Project Surveyor
Provides  land surveying services  for and within the Myrtle Creek Improvement  District which encompasses  ±1,087 acres of land. Work performed includes boundary surveys, topographical surveys, platting, sketches of description, etc.	

I

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

Kirby L. White, P.E.	13. ROLE IN THIS CONTRACT

Engineering Project Manager	14. YEARS EXPERIENCE	
		a. TOTAL	lb. WITH CURRENT FIRM
39	35	
15. FIRM NAME AND LOCATION (City and State)

16. EDUCATION (Degree and Specialization)

17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)

Bachelor of Science in Civil Engineering Technology Southern Technical Institute, Marietta, GA

Registered Engineer, State of Florida No. 44802

Donald W. McIntosh Associates, Inc., Winter Park, Florida
OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

RELEVANT PROJECTS

a.	(1) TITLE AND LOCATION (City and State)
Poitras East Community Development District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Project Manager/ Engineer of Record for multiple infrastructure improvement projects as part of the Poitras East CDD's Capital Improvement Program. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, etc.	

b.	(1) TITLE AND LOCATION (City and State)

Boggy Creek Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
2019	2020	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Project Manager/ Engineer of Record for multiple infrastructure improvement projects as part of the Boggy Creek Improvement District's Capital Improvement Program. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, etc.	

C.	(1) TITLE AND LOCATION (City and State)

Greeneway Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESICONSTRUCTION (ff applicable)
2019	2020	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Project Manager/ Engineer of Record for multiple infrastructure improvement projects as part of the Greeneway Improvement District's Capital Improvement Program. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, etc.	

d.	(1) TITLE AND LOCATION (City and State)

Myrtle Creek Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESI  CONSTRUCTION (ff applicable)
2016	2018	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z]Check if project performed with current firm
Project Manager/ Engineer of Record for multiple infrastructure improvement projects as part of the Myrtle Creek Improvement District's Capital Improvement Program. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, etc.	

e.	(1) TITLE AND LOCATION (City and State)

Lake Nona, Orlando, FL	(2) YEAR COMPLETED
PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)	
		
Ongoing	NIA	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Project Manager/Engineer of Record for numerous residential and and non-residential development projects within the Lake Nona community. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, stormwater management facilities, flood plain determinations, etc.	

I

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

James C. Nugent, P.E.	13. ROLE IN THIS CONTRACT

Engineering Project Manager	14. YEARS EXPERIENCE	
		a. TOTAL	lb. WITH CURRENT FIRM
44	21	
15. FIRM NAME AND LOCATION  (City and State)

16. EDUCATION (Degree and Specialization)

17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)

Bachelor of Science in Civil Engineering University of Central Florida

Registered Engineer, State of Florida #57553

Donald W. McIntosh Associates, Inc., Winter Park, Florida
OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

Licensed Water Well Contractor - State of Florida Environmental Protection License No. 2407

RELEVANT PROJECTS

a.	(1) TITLE AND LOCATION (City and State)
Boggy Creek Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES,CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	IZ] Check if project performed with current firm
Construction Services Engineer responsible for provision of construction phase services related to final certificates of project completion to regulatory agencies.	

b.	(1) TITLE AND LOCATION (City and State)

Greeneway Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
2019	2020	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	IZ]Check if project performed with current firm
Construction Services Engineer responsible for provision of construction phase services related to final certificates of project completion to regulatory agencies.	

C.	(1) TITLE AND LOCATION (City and State)

Midtown Improvement District, Orlando, FL	(2) YEAIR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	N/A	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	IZ]Check if project performed with current firm
Project Manager and Engineer of Record for infrastructure improvement projects as part of the Midtown Improvement District's Capital Improvement Program. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, etc.	

d.	(1) TITLE AND LOCATION (City and State)

Bonnet Creek Resort Community Development District, Orange Co., FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	IZ]Check if project performed with current firm
Project Manager, Engineer of Record and Construction Services Engineer responsible for provision of project management, civil engineering design, regulatory permitting and construction phase services related to various District projects.	

e.	(1) TITLE AND LOCATION (City and State)

Lake Nona, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	IZ] Check if project performed with current firm
Project Manager, Engineer of Record and/or Construction Services Engineer responsible for certifying numerous development projects within Lake Nona. Services include project management, project design and regulatory permitting for roadways, utility systems, drainage systems, stormwater management facilities, floodplain determinations, etc.	

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

Tarek Fahmy, P.E., CGC	13. ROLE IN THIS CONTRACT

Construction Services Engineer	14. YEARS EXPERIENCE	
		a. TOTAL
36	

FIRM NAME AND LOCATION (City and State)
Donald W. McIntosh Associates, Inc., Winter Park, Florida
EDUCATION (Degree and Specialization)

Doctor of Philosophy in Civil Engineering, UCF
Master of Science in Civil Engineering, ND State University Bachelor of Science in Construction Engineering, Lawrence Tech University

CURRENT PROFESSIONAL REGISTRATION (State and Discipline)

Registered Engineer, State of Florida #64351

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

Certified General Contractor, State of Florida #1513666

RELEVANT PROJECTS

a.	(1) TITLE AND LOCATION (City and State)
Latitude at Daytona Beach, Daytona Beach, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Construction Services Engineer responsible for provision of construction phase services related to final certificates of project completion to regulatory agencies.	

b.	(1) TITLE AND LOCATION (City and State)

Greeneway Improvement District, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
2019	2020	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Construction Services Engineer responsible for provision of construction phase services related to final certificates of project completion to regulatory agencies.	

C.	(1) TITLE ANO LOCATION (City and State)

Poitras East Community Development District, Orlando, FL	(2) YEARI COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z] Check if project performed with current firm
Construction Services Engineer responsible for provision of construction phase services related to final certificates of project completion to regulatory agencies.	

d.	(1) TITLE AND LOCATION (City and State)

Bonnet Creek Resort Community Development District, Orange Co., FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) ANO SPECIFIC ROLE	[Z] Check if project performed with current firm
Construction Services Engineer responsible for provision of construction phase services related to final certificates of project completion to regulatory agencies.	

e.	(1) TITLE AND LOCATION (City and State)

Lake Nona, Orlando, FL	PROFESSIONAL SERVICEI
(2) YEAR COMPLETED
S CONSTRUCTION (If applicable)	
		
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	[Z]Check if project performed with current firm
Construction Services Engineer responsible for certifying numerous residential and non-residential development projects within Lake Nona related to final certifications of project completion to regulatory agencies.	

I

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
1	
21. TITLE AND LOCATION (City and State)

Midtown Improvement District	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
Ongoing	N/A	
PROJECT OWNER'S INFORMATION

PROJECT OWNER
Midtown Improvement District

POINT OF CONTACT NAME
Richard L. Levey, Ph.D., AICP, Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 408-4442

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)
Donald W. McIntosh Associates, Inc. is currently serving as Interim District Engineer for the ±389-acre Midtown Improvement District. The currently contemplated Development Program includes both residential and non-residential uses. Donald W. McIntosh Associates, Inc. provided technical assistance during the process of establishing the District. As the Interim District Engineer, Donald W. McIntosh Associates, Inc. has been engaged to prepare the Engineer's Report and Capital Improvement Program for the District as required in preparation for District financing. Prior to establishment of the Midtown Improvement District, Donald W. McIntosh Associates, Inc. was engaged by the Greeneway Improvement District to provide professional surveying, engineering and construction phase services related to significant roadway, drainage and utility infrastructure improvements within the Midtown District. These services are ongoing at this time.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3)ROLE	
STANDARD FORM 330 (REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
2	
21. TITLE AND LOCATION (City and State)

Poitras East Community Development District, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
Ongoing	NIA	

PROJECT OWNER
Poitras East CDD

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Richard L. Levev. Ph.D.. AICP, Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 408-4442

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has served for over 3 years as the District Engineer for the ±1,060-acre Poitras East CDD. The currently contemplated Development Program includes both residential and non-residential uses as well as a school, community park and fire station. Donald W. McIntosh Associates, Inc. provided technical assistance during the process of establishing and funding the District, including preparation of the Engineer's Report and Capital Improvement Program. Donald W. McIntosh Associates, Inc. has been engaged to provide professional surveying, engineering and construction phase services related to significant roadway, drainage and utility infrastructure improvements within the Poitras East District. These services are ongoing at this time.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

c.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
3	
21. TITLE AND LOCATION (City and State)

Boggy Creek Improvement District, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
Ongoing	N/A	

PROJECT OWNER
Booov Creek Improvement District

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Richard L. Levev. Ph.D.. AICP. Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 408-4442

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has served for over 18 years as the District Engineer for the Boggy Creek Improvement District, ±1,126 acres of land containing a variety of uses including retail, hospital/office, research and development,  hotel rooms, restaurants  and civic/community facilities.   During that time, Donald W. McIntosh  Associates, Inc. has provided to the District professional services associated with over $40 million in capital infrastructure improvements, including preparation of the original Engineer's Report and Capital Improvement Program and subsequent updates; assistance with obtaining financing for the proposed infrastructure improvements; design management services; surveying services; engineering and permitting services; construction management services; close coordination with District staff in implementing the Capital Improvement Program; assisting with both capital and operations & maintenance budgets; and serving the other needs of the District.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
4	
21. TITLE AND LOCATION (City and State)

Greeneway Improvement District, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (ff applicable)
Ongoing	N/A	

PROJECT OWNER
Greenewav Improvement District

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Chad Tinetti. Chairman

POINT OF CONTACT TELEPHONE NUMBER
D  (407) 313-8573

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has served for over 18 years as the District Engineer for the Greeneway Improvement District, ±817 acres of land containing retail/commercial uses, office uses, civic/community facilities and both single family and multi-family dwelling units. During that time, Donald W. McIntosh Associates, Inc. has provided to the District professional services associated with nearly $50 million in capital infrastructure improvements, including preparation of the original Engineer's Report and Capital Improvement Program and subsequent updates; assistance with obtaining financing for the proposed infrastructure improvements;  design management  services;  surveying services; engineering  and permitting services; construction management services; close coordination with District staff in implementing the Capital Improvement Program; assisting with both capital and operations & maintenance budgets; and serving the other needs of the District.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
5	
21. TITLE AND LOCATION (City and State)

Myrtle Creek Improvement District, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
Ongoing	NIA	

PROJECT OWNER
Mvrtle Creek Improvement District

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Bob da Silva. Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 865-0027

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has served for over 18 years as the District Engineer for the Myrtle Creek Improvement District, ±1,087 acres of land containing a variety of uses including retail, hotel rooms, sports/recreational facilities, civic/community facilities and residential dwelling units.  During that time, Donald W. McIntosh Associates, Inc. has provided to the District professional services associated with over $50 million in capital infrastructure improvements, including preparation of the original Engineer's Report and Capital Improvement Program and subsequent updates; assistance with obtaining financing for the proposed infrastructure improvements; design management services; surveying services; engineering and permitting services; construction management services; close coordination with District staff in implementing the Capital Improvement Program; assisting with both capital and operations & maintenance budgets; and serving the other needs of the District.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
6	
21. TITLE AND LOCATION (City and State)

Bonnet Creek Resort Community Development District, Orange County, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
ongoing	NIA	
PROJECT OWNER'S INFORMATION

PROJECT OWNER
Bonnet Creek Resort CDD

POINT OF CONTACT NAME
Bob Gaul. Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 238-3520

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has served for over 21 years as the District Engineer for the Bonnet Creek Resort Community Development District, ±482 acres of land containing a variety of uses including hotel rooms, a conference center, timeshare units, retail/commercial and a golf course. During that time, Donald W. McIntosh Associates, Inc. has provided to the District professional services associated with over $36 million in capital infrastructure improvements, including preparation of the original Engineer's Report and Capital Improvement Program and supplemental reports; assistance with obtaining financing for the proposed infrastructure improvements; design management services; surveying services; engineering and permitting services; construction management services; close coordination with District staff in implementing the Capital Improvement Program; assisting with both capital and operations & maintenance budgets; and serving the other needs of the District.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3)ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F.  EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
7	
21. TITLE AND LOCATION (City and State)

Nemours Parkway, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
2019	2020	

PROJECT OWNER
Greenewav Improvement District

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Chad Tinetti. Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 313-8573

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT   (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has surveyed, designed, permitted and provided construction administrative services for nearly two miles of Nemours Parkway, a two-lane and four-lane roadway, both divided and undivided, constructed in seven phases and lying within two community development districts. The roadway lies primarily within the Greeneway Improvement District, but also lies partially within the Boggy Creek Improvement District. Professional  surveying, engineering and construction phase services were provided to both districts.

Land surveying services included boundary surveys, topographical surveys, platting, and sketches of description. Engineering services included preparation of construction drawings and calculations for paving, grading, drainage, utility improvements, wetland crossings and a wastewater lift station as well as regulatory permitting for the improvements.
Coordination with geotechnical, environmental and landscape architectural consultants as well as multiple regulatory agencies was required. Construction administration services were also provided, including cost estimating, bid tabulation, shop drawing review and approval, contractor requests for information, periodic construction observation, and certifications of completion.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

c.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
8	
21. TITLE AND LOCATION (City and State)

Lake Nona Boulevard, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
2015	2015	

PROJECT OWNER
Lake Nona Land Company. LLC

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Dan Youno. Vice President

POINT OF CONTACT TELEPHONE NUMBER
11   (407) 313-8584	II

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has surveyed, designed, permitted and provided construction administrative services for approximately six miles of Lake Nona Boulevard, a 4-lane and 6-lane divided roadway extending from Boggy Creek Road to Narcoossee Road, constructed in three phases and lying within two community development  districts.  The roadway lies within the Boggy Creek Improvement District and the Myrtle Creek Improvement District. Professional surveying, engineering and construction phase services were provided to both districts and to the developer, Lake Nona Land Company, LLC.

Land surveying services included boundary surveys, topographical surveys, platting, and sketches of description. Engineering services included preparation of construction drawings and calculations for paving, grading, drainage, stormwater management, utility improvements, wetland crossings and coordination with the design and construction of a new interchange at SR-417 as well as regulatory permitting for the improvements. Coordination with geotechnical, environmental, landscape architectural and interchange design consultants as well as multiple regulatory agencies was required. Construction administration services were also provided, including cost estimating, bid tabulation, shop drawing review and approval, contractor requests for information, periodic construction observation, and certifications of completion.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
9	
21. TITLE AND LOCATION (City and State)

Laureate Park, Orlando, FL	22. YEAR COMPLETED
PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
Ongoing	Ongoing	

PROJECT OWNER
Lake Nona Land Companv. LLC

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Robert Adams. Vice President

POINT OF CONTACT TELEPHONE NUMBER
11   (407) 816-6595	II

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates has surveyed, designed, permitted and provided construction administrative services for the master infrastructure serving nearly 2,000 residential homes in Laureate Park at Lake Nona, including the master stormwater management system, secondary drainage systems, water and reclaimed water distribution systems, wastewater collection and transmission systems, and the roadway network.

Land surveying services included boundary surveys, topographical surveys, platting, and sketches of description. Engineering services included preparation of construction drawings and calculations for paving, grading, drainage, stormwater management, utility improvements and regulatory permitting for the improvements. Coordination with geotechnical, environmental, landscape architectural and other consultants as well as multiple regulatory agencies was required. Construction administration services were also provided, including cost estimating, shop drawing review and approval, contractor requests for information, periodic construction observation, and certifications of completion.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
10	
21. TITLE AND LOCATION (City and State)

Nemours Parkway West and Lift Station No. 10, Orlando, FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES    CONSTRUCTION (If applicable)
2019	2019	

PROJECT OWNER
Booov Creek Improvement District

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Richard L. Levev. Ph.D.. AICP. Chairman

POINT OF CONTACT TELEPHONE NUMBER
(407) 408-4442

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Donald W. McIntosh Associates, Inc. has surveyed, designed, permitted and provided construction administrative services for over a mile of two-lane divided and undivided roadway with associated infrastructure, including a master wastewater lift station, nearly a half-mile of wastewater force main that required the crossing of SR-417, and the stabilized access road along the wastewater force main route.

Land surveying services included boundary surveys, topographical surveys, platting, and sketches of description. Engineering services included preparation of construction drawings and calculations for paving, grading, drainage, utility improvements, and the master lift station. Coordination with geotechnical, environmental and landscape architectural consultants as well as multiple regulatory agencies was required. Construction administration services were provided, including cost estimating, bid tabulation, shop drawing review and approval, contractor requests for information, periodic construction observation, and certifications of completion.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

c.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS

26. NAMES OF KEY PERSONNEL
(From Section E, Block 12)	27. ROLE IN THIS CONTRACT
(From Section E, Block 13)	28. EXAMPLE PROJECTS LISTED IN SECTION F
(Fill in "Example Projects Key" section below before completing table.
Place "X" under project key number for participation in same or similar role.)	
		1	2	3	4	5	6	7	8	9	10	

Jeffrey J. Newton, P.E.	Principal-in-Charge, Engineering	X	X	X	X	X		X		X	X	

Scott Grossman, PSM	Principal-in-Charge, Surveying	X	X	X	X	X	X	X	X	X	X	

Kirby L. White, P.E.	Senior Engineering Project Manager		X	X	X	X		X	X	X	X	

James C. Nugent, P.E.	
Engineering Project Manager	X	X	X	X	X	X	X	X	X		

Tarek Fahmy, P.E., CGC	Construction Services Engineer		X	X	X	X	X	X		X	X	

												

												

												

												

												
EXAMPLE PROJECTS KEY

UMBER	TITLE OF EXAMPLE PROJECT /From Section Fl	NUMBER	TITLE OF EXAMPLE PROJECT (From Section F)	
1	Midtown Improvement District	6	Bonnet Creek Resort Community Development District	
2	Poitras East Community Development District	7	Nemours Parkway	
3	Boggy Creek Improvement District	8	Lake Nona Boulevard	
4	Greeneway Improvement District	9	Laureate Park	
5	Myrtle Creek Improvement District	10	Nemours Parkway West and Lift Station No. 10	

N

H. ADDITIONAL INFORMATION

PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.

AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.
31. SIGNATURE	132. DATE

33. NAME AND TITLE

1. SOLICITATION NUMBER (If any)

ARCHITECT-ENGINEER QUALIFICATIONS

PART II - GENERAL QUALIFICATIONS
(If a firm has branch offices, complete for each specific branch office seeking work.)
2a. FIRM (or Branch Office) NAME
Donald W. McIntosh Associates, Inc.	3. YEAR ESTABLISHEDl4. UNIQUE ENTITY IDENTIFIER
1966	F591151358	
2b. STREET	 		5. OWNERSHIP		
2200 Park Avenue North	a. TYPE	
2c. CITY	12d. STATE 12e. ZIP CODE	 
Winter Park	FL	32789	Corporation	
b. SMALL BUSINESS STATUS	
6a. POINT OF CONTACT NAME AND TITLE		
Jeffrey J. Newton, P.E. - President		
	7. NAME OF FIRM (If Block 2a is a Branch Office)	
6b. TELEPHONE NUMBER	I6c.  EMAIL ADDRESS
(407) 644-4068	jjnewton@dwma.com		
8a. FORMER FIRM NAME(S) (If any)	8b. YEAR ESTABLISHED	8c. UNIQUE ENTITY IDENTIFIER	
			
9. EMPLOYEES BY DISCIPLINE	10. PROFILE OF FIRM'S EXPERIENCE
AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS	
a. Function Code	b. Discipline	- Number of Employees	a. Profile Code	b. Experience	c.1-<evenue1naex
Number
(see below)	
		(1)FIRM	(2)BRANCH				
02	Administrative	11		C10	Commercial Building, Shopping Ctr	3	
08	CADD Technician	12		C15	Construction Mgmt (Inspection)	3	
12	Civil Engineer	16		C18	Cost Estimating	3	
15	Construction Inspector	2		H07	Highways, Streets, Airfields, Prkng	6	
38	Land Surveyor	4		H11	Housing residential, multi-family)	7	
29	GIS Specialist	1		106	Irrigation, Drainage	3	
	Survey Field Crew	13		001	Office Buildings, Industrial Parks	4	
	Information Technology	1		P04	Pipelines (cross-country-liquid,gas)	2	
				P05	Planning	l community,  regional, st)	2	
				P06	Planning	l site, installation and proj)	4	
				R04	Recreation Facilities (pks, marinas)	2	
				S04	Sewage Collection, Trtmt, Disposal	5	
				S10	Surveying, Platting, Maooing, Flood	6	
				S13	Stormwater Handling and Facilities	6	
				W01	Warehouses and Depots	3	
				W02	Water Resources, Hydrology, Grnd	4	
				W03	Water Suoolv, Treatment, Dist	5	
				201	Zoning, Land Use Studies	3	

	Other Employees						
Total	60					
11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM
FOR LAST 3 YEARS
(Insert revenue index number shown at right)	PROFESSIONAL SERVICES REVENUE INDEX NUMBER
Less than $100,000	6.	$2 million to less than $5 million
$100,000 to less than $250,000	7.	$5 million to less than $10 million
$250,000 to less than $500,000	8.	$10 million to less than $25 million
$500,000 to less than $1 million	9.	$25 million to less than $50 million
$1 million to less than $2 million	10. $50 million or greater	
a. Federal Work			
b. Non-Federal Work			
c. Total Work			

a. SIGNATURE

c. NAME AND TITLE
Jeffrey J. Newton, P.E. - President

12. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.

State of Florida
Department of State

I certify from the records of this office that DONALD W. MCINTOSH ASSOCIATES INC is a corporation organized under the laws of the State of Florida, filed on August 19, 1966.

The document number of this corporation is 308322.

I further certify that said corporation has paid all fees due this office through December 31, 2018, that its most recent annual report/uniform business report was filed on January 30, 2018, and that its status is active.

I further certify that said corporation has not filed Articles of Dissolution.

Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirtieth day of January, 2018

 	{)
Secretary of State

Tracking Number: CCl 782251417

To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displ yed.

https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication

ltBII  

Licensee
Name: Rank:
Primary Status:

DONALD W. MCINTOSH ASSOCIATES, INC.
Registry Current

License Number:

License Expiration Date: Original License Date:

68

05/10/1977

Related License Information

License Number 55033

Status
Current, Active

Relationship Relation

Related Party

Type	Effective Date
NEWTON, JEFFREY J Registry	09/18/2017

Rank
Professional Engineer

Expiration Date 02/28/2023

Florida Department of Agriculture and Consumer Services
·	Division of Consumer Services	License No.: LB68
Board of Professional Surveyors and Mappers
2005 Apalachee Pkway Tallahassee, Florida 32399-6500	Expiration pate	February 28, 2023
('

Professional Surveyor and Mapper Business License
Under the provisions of Chapter 472, Florida Statutes

DONALD W MCINTOSH ASSOCS INC 2200 N PARK AVE
WINTER PARK, FL 32789-2388

NICOLE "NIKKI" FRIED COMMISSIONER OF AGRICULTURE

This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes.

MIDTOWN IMPROVEMENT DISTRICT

PRINCIPAL-IN-CHARGE

Jeffrey J. Newton, P.E., President Donald W. McIntosh Associates, Inc.

ENGINEERING PROJECT MANAGER

SURVEY PROJECT MANAGER

CONSTRUCTION SERVICES ENGINEER

James C. Nugent, P.E., VP Donald W. McIntosh Associates, Inc.

Scott E. Grossman, PSM, Executive VP Donald W. McIntosh Associates, Inc.

Tarek Fahmy, P.E., CGC, Director of Construction Services
Donald W. McIntosh Associates, Inc.

Engineering Support Staff Donald W. McIntosh Associates, Inc.

Project Engineers Design Technicians Administrative

Survey Support Staff
Donald W. McIntosh Associates, Inc.

Project Surveyors Survey Technicians Administrative

Construction Services Support Staff Donald W. McIntosh Associates, Inc.

Construction Inspectors Administrative

F:\Marketing\M\mk226 MID org chart.doc

MIDTOWN IMPROVEMENT DISTRICT
RE SPONSE TO REQUEST FOR QUA LIFICATIONS
FOR ENGINEERING SERVICES FOR THE MIDTOWN IMPROVEMENT DISTRICT CITY OF ORLANDO, FLORIDA

SUBMITTED BY: ATWE LL, LLC

130 SO UTH ORANGE AVE. SUITE 2008 I ORLANDO, FLORIDA 32801 LARRY RAY, PE
407.399.9615

SEPTEMBER 7, 2021

ENGINEERING, CONSULTING, AND CONSTRUCTION SERVICES

ATWELL

CONSULTING. ENGINEERING. CONSTRUCTION.

September 7, 2021
PFM Group Consulting LLC District Managers Office
3501 Quadrangle Blvd. Suite 270
Orlando, Florida, 32817

RE:		Atwell, LLC Qualifications District Engineering Services
Midtown Improvement District, Orlando, Florida

Dear Ms. Walden:
In response to your Request for Qualifications, Atwell, LLC ("Atwell") is pleased to submit our qualifications to be considered for District Engineering Services for the Midtown Improvement District located within the Lake Nona Planned Development ("PD") in Orlando, Florida.

Atwell has assembled a team of experienced engineers, planners and landscape architects with many years of experience working on land development projects in City of Orlando and surrounding the Lake Nona PD. The team includes Atwell engineers and RVi Planning + Landscape Architecture (RVi) planners and landscape architects.

The team will be led by Larry T. Ray, P.E., who has been part of the growth of the Southeast portion of Orlando over the past 40-plus years. His experience includes planning/zoning, design, permitting, construction phase services and serving as CDD Engineer on the following projects:
Orlando International Airport
Airport International Park at Orlando
Meadow Woods Residential PD
Jetport Industrial Park
East Park Mixed Use PD/CDD (Served as CDD Engineer)

Larry will have the full support of a team of Design Engineers with over 40 years of design, permitting and construction experience  within the Orlando area. He will also be supported by Senior Project Manager Charles Millar, who brings more than 38 years  of  experience  that include the establishment  of multiple CDDs in the State of Florida. Charles currently serves on the Palm Beach County Land Development Review Advisory Board/ Commission.

Ryan Seacrist, PLA, will support the team with all planning and landscape architecture design and permitting tasks. Ryan has more than 11 years of working on projects in Orlando, within the Lake Nona PD, and is a current member of the City of Orlando's Municipal Planning Board. His projects include:
Laureate Park at Lake Nona
The Gathering at Lake Nona
Meridian Parks a Master Planned Community
Lake Lorna Doone Park in downtown Orlando
'	)	• Orlando Soccer Club Training Facility in Lake Nona

Page 2

We (Atwell) have assembled a team of engineers, planners and landscape architects with the expertise and experience to assist the Midtown Improvement District through the process of establishing the District, providing documents required to  sell the municipal  bonds, design, permitting, construction  phase  services and represent­ ing the District at Board meetings or other meetings to assist the District Manager.

Atwell thanks you for the opportunity to work with you and your team. We have the staff available and are prepared to begin immediately if selected, and look forward to being a valued member of your team. Please do not hesitate to contact me at 407.399.9615 if you have any questions.

ATWELL

Larry Ray, PE
Senior Project Manager Phone: 407.399.9615
lray@atwell-group.com

REAL ESTATE & LAND DEVELOPMENT OVERVIEW
As economic, social and community drivers change, so do the needs of real estate and development professionals.
Atwell provides clients with the technical expertise, local knowledge and focused teams to add value to the real estate due diligence, planning, design, development and permitting process. Most often applied to residential and commercial development  projects, our real estate division also supports  development  efforts undertaken by institutional clients, municipalities and non-profit organizations.

RESIDENTIAL:
Single-family development
Multi-family  development
Master-planned communities
Urban infill
Senior living

COMMERCIAL:
Retail development
Office buildings
Mixed-use projects
Industrial facilities
Healthcare

COMMUNITY:
Institutional
Hospitality
K-12
Higher Education
Sports Facilities

LOCAL PRESENCE

Atwell prides itself in not only  our  ability  to  bring our client's project to fruition but  in understanding that the relationship and our responsiveness to that relationship comes first. Your local project team of Atwell and RVi will be comprised of a leader with long-term presence in the market  and support  staff of professionals who are engaged and responsive.

Valued Relationships. As an organization, Atwell values the relationships we build with our clients and strives to make the working relationship an open, communicative one. Our Orlando land development group includes 20  engineers  and designers  who have been a part of over 250 projects in the Orlando/Lake Nona communities.

Central Florida
Atwell Office Locations
Orlando {+RVi)
Palm Beach Gardens

I
..J

GENERAL CONTRACTOR'S QUALIFICATIONS

PART 1- CONTRACT-SPECIFIC QUALIFICATIONS

CONTRACT INFORMATION·

TITLE AND LOCATION (City and State)
Engineering Services for the Midtown Improvement District, Orlando, Florida

PUBLIC NOTICE DATE	3. SOLICITATION OR PROJECT NUMBER
2021-08-10	N/A

GENERAL CONTRACTOR POINT OF CONTACT

NAME AND TITLE
Larry Ray, PE, Senior Project Manager

NAME OF FIRM
Atwell, LLC
6. TELEPHONE NUMBER
407.399.9615	7. FAX NUMBER
770.423.1262	8. E-MAIL ADDRESS
lray@atwell-group.com	
PROPOSED TEAM
(Complete this section for the prime contractor and all key subcontractors.)

a.	(Check)	

9. FIRM NAME	

10. ADDRESS	

11. ROLE IN THIS CONTRACT	
	w	!
a'.: i I
-,
Q.	•	z
0
:::>				
		'Cl)				
	
X			
Atwell,LLC

rxlcHECK IF BRANCH OFFICE	
130 S Orange Avenue Suite 200B
Orlando, Florida 32801	

Prime Consultant	

b.			

X	RVi Planning+ Landscape Architecture

l])cHECK IF BRANCH OFFICE	130 S Orange Avenue Suite 200B
Orlando, Florida 32801	
Planning and Landscape Architecture	

c.				

ncHECK IF BRANCH OFFICE			

d.				

ncHECK IF BRANCH OFFICE			

e.				

DcHECK IF BRANCH OFFICE			

f.				

DcHECK IF BRANCH OFFICE			

AUTHORIZED FOR LOCAL REPRODECTION MANDATORY USE DATE OF FORM 6/2004

STANDARD FORM 330 (REV. 8/2016) PAGE 1

ORGANIZATIONAL CHART	(Attached)

)

RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
Larry Ray, PE	13. ROLE IN THIS CONTRACT
CDD Lead Engineer	 	14. YEARS EXPERIENCE	
a.    TOTAL	,b. WITH CURRENT FIRM
40	< 1	
15. FIRM NAME AND LOCATION (City and State)
Atwell, LLC, 130 S. Orange Avenue, Suite 2008, Orlando FL 32801

16. EDUCATION (DEGREE AND SPECIALIZATION)	17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)	
Bachelor of Science	Professional Engineer: Florida #32032	
Civil Engineering		
University of Florida		
OTHER PROFESSIONAL QUALIFICATIONS (Publ/catlons, Organizations, Training, Awards, etc.)

RELEVANT PROJECTS

 	(2) YEAR COMPLETED	

PROFESSIONAL SERVICES
2020
Check ifproject performed with current firm

icONSTRUCTION (If applicable)
2020

(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

a.		Prepared, submitted, and processed all planning and construction documents and permit applications for development of 400+/- acre project. Prepared and certified all development costs to allow approval and sale of all COD bonds. Provided construction phase services to the COD reviewing construction process and approval of all pay applications for processing and payment. Prepared for and attended monthly board meetings. Role: Lead Civil Engineer/COD Enaineer Cost:$ N/A
(2) YEAR COMPLETED

PROFESSIONAL SERVICES
Ongoing

I CONSTRUCTION (ff appJ;cable)

Ongoing

(1) TITLE AND LOCATION (City and State)
South Terminal Complex DRI Orlando lnt'I Airport, Orlando, FL

(1)  TITLE AND LOCATION (City and State)
East Park PD/CDD, Orlando, FL

b. (3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	lJcheck if project performed with current firm
	Lead Civil Engineer for the Environmental Permitting elements (i.e., EA, ORI, ERP) associated with the South
Terminal Complex Development, planned for over one hundred new gates. Role: Lead Civil Engineer Cost:$ 3+ Billion (est)	
	(1) TITLE AND LOCATION (City and State)
Airport International Park at Orlando, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES I CONSTRUCTION (If applicable)
Onaoina	Ongoing	
c. (3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

e. (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

I

	Civil Engineering Director for the environmental planning/permitting, engineering design and permit coordination
for the 2,100+ acre Industrial Project including roadway, utilities and site development. Role: Civil Engineer  Cost:
$ N/A	

d.	(1)  TITLE AND LOCATION (City and State)
Orlando International and Executive Airports, Orlando, FL	 		(2) YEAR COMPLETED	        PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
Ongoing	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
Continuing Civil Engineer and Member of General Council Team for the conceptual design/final CDs, engineering reports, cost estimates, schedules, specifications, permit applications and RAI responses, bid/award services, CA and inspection, DRl's, EA/EIS documentation, and review of others' designs. Accordance w/federal, state & local design standards as appropriate for roadway, stormwater or airfield related assignments. Permitting through City of Orlando, ECFRPC, SJRWMD and SFWMD, FDEP, Florida Fish and Wildlife Conservation Commission, FOOT,
U.S. ACOE, U.S. Fish and Wildlife, FAA, and the U.S. EPA. Role: Lead Civil Enaineer  Cost:$ N/A	
	(1) TITLE AND LOCATION (City and State)
Rock Springs Ridge, Apopka Florida	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
□	2014	2014	

check if project performed with current firm

1,200+/- acre Residential PD including 27 Hole Golf Course Responsible for planning, design, permitting and construction phase services. Role: Lead Civil Engineer Cost:$ N/A

J
STANDARD FORM 330 (REV. 8/2016) PAGE 3

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
Keith Haugdahl, PE	13. ROLE IN THIS CONTRACT	 	14. YEARS EXPERIENCE	
a.    TOTAL	lb. WITH CURRENT FIRM
18	< 1	
15. FIRM NAME AND LOCATION (City and State)
Atwell, LLC, 130 S. Orange Avenue, Suite 2008, Orlando FL 32801

16. EDUCATION (DEGREE AND SPECIALIZATION)	17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)	
Bachelor of Science	Professional Engineer: Florida	
Civil Engineering		
University of Central Florida		
OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
ASFE Fundamentals of Principal Practice
The American Traffic Safety Services Association - Florida Advanced Work Zone Traffic Control

RELEVANT PROJECTS
	(1) TITLE AND LOCATION (City and State)
Lake Nona Chiller Plant, Lake Nona, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	rONSTRUCTION (If applicable)
NIA	NIA	

	Design and Permitting for a new chilled water plant in Lake Nona, Orlando, Florida. The project included design of
underground infrastructure and land development for the proposed chilled water plant.	
	(1) TITLE AND LOCATION (City and State)
Dr. Phillip's Packing District Dark Fiber, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
NIA	NIA	

(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

I
(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
Design and permitting for a proposed dark fiber network to serve a future development known as the Dr. Phillip's
	Packing District. The project included construction document design, including plan and profiles, project
coordination with the Fiber Optic design team and the fiber optic utility provider, and City of Orlando and Florida Department of Transportation (FOOT) permitting.	
	(1) TITLE AND LOCATION (City and State)
Lake Lawsona Overhead to Underground Feasibility Study, Orlando, FL	 		(2) YEARI COMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
NIA	NIA	
(3)  BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	lJcheck if project performed with current firm
	Underground conduit network, single line diagrams for the underground electric distribution network, coordination and documenting local procedures for permitting, design standards, permitting schedules, anticipated permit fees, cost estimating, and an overall engineer's opinion of probable cost.	
	(1) TITLE AND LOCATION (City and State)
Amway Chilled Water Plant- Chilled Water Lines, Orlando, FL	 		(2) YEARI COMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
NIA	NIA	
(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
Design and permitting of a new chilled water connection system to serve the Amway Arena from the OUC
	including Subsurface Utility Engineering (SUE) and Survey Services to identify existing utilities and possible utility crossings and/or conflicts and above ground features and coordination with Amway Arena Design Team and the
OUC Amway Chilled Water Design Team and the City of Orlando.	

e.	(1) TITLE AND LOCATION (City and State)
Dr. Phillip's Performing Arts Center -  Chilled Water Lines,
Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
NIA	NIA	
	(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Dcheck if project performed with current firm
Design and permitting of a new chilled water connections system to serve the Dr. Phillip's Performing Arts Center including Subsurface Utility Engineering (SUE) and Survey Services to identify existing utilities and possible utility crossings and/or conflicts and above ground features and coordination with Dr. Phillip's Performing Arts Center
Design Team and the City of Orlando.	
STANDARD FORM 330 (REV. 812016) PAGE 4

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
Charles Millar, Jr.	13. ROLE IN THIS CONTRACT	14. YEARS EXPERIENCE
a.   TOTAL	lb. WITH CURRENT FIRM
38	< 1	
FIRM NAME AND LOCATION (City and State)
Atwell, LLC, Palm Beach Gardens, FL

EDUCATION (DEGREE AND SPEC/ALIZA TION)
Bachelor of Science I Political Science & Urban Planning/Geography
Mansfield University of Pennsylvania
Gold Coast School of Real Estate
FPL Universi

CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
Habitat for Humanity of Palm Beach County, Inc. - Present Board Member• Edna Runner Tutorial Center of Jupiter, FL - Present Board Member • Palm Beach County Land Development Regulation Advisory Board - Present Board Member • Palm Beach County Land Development Regulation Commission - Present Board Member • Palm Beach County Planning Congress - Present Member • Palm Beach County Impact Fees Appeals Board -Present Board Member • City of Palm Beach Gardens - Art in Public Place Advisory Board - Past Board Chairman & Past Board Member

 		(2) YEAR COMPLETED	        PROFESSIONAL SERVICES	rONSTRUCTION (If applicable)
Varies	Varies
lJcheck if project performed with current firm

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

a.		Experience ranges from the municipal side of processing the ORI applications, Development Order ("DO") drafting to project management. His consultant practices include, but is not limited to:
Notice of Proposed Change I Development Order Amendments I Abandonments of DRls I Binding Letter of
Interpretation I Knowledgeable of Florida Statues Section 380 and all applicable amendments I Familiar with
distinction regarding Florida Quality Developments ("FQD") v. DRls Cost: N/A
(2) YEAR COMPLETED

PROFESSIONAL SERVICES
Varies

I CONSTRUCTION (If applicable)

Varies

(1) TITLE AND LOCATION (City and State)
Community Development Districts (COD)

(1) TITLE AND LOCATION (City and State)
Development of Regional Impacts ("ORI")

RELEVANT PROJECTS

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	lJcheck if project performed with current firm
	Chuck has worked on and with several CDD's throughout his 30+ year career in Florida. A large portion of Chuck's early career was spent working on the Quantum Park COD while at the Law Firm of Moyle, Flanigan, et al. That COD dates to approximately 2005 within the City of Boynton Beach, FL. Cost: NIA	
	(1) TITLE AND LOCATION (City and State)
Medical Office and Related Facilities	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	rcONSTRUCTION (If applicable)
Varies	Varies	
(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

Senior Project Manager for a national consulting firm with extensive background in the entitlement process which includes applying for and securing local government approvals for new and expansion of medical offices and related facilities throughout South Florida. Several of those projects are currently under construction. Cost: NIA

(1) TITLE AND LOCATION (City and State)
Residential, Commercial, and Industrial

 	(2) YEAR COMPLETED	

PROFESSIONAL SERVICES I CONSTRUCTION (If applicable)

Varies

Varies

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

□check if project performed with current firm

In his 30+ years as a planning, zoning and land use consultant in Florida, Chuck's accomplishments include
	successful project approvals in the residential commercial and industrial disciplines. Most recently, Chuck was the lead project planner obtaining approval from the City of Port. St Lucie for a 1.1 million square foot Amazon
fulfillment and distribution alono the 1-95 corridor.	Cost: N/A	

e.	(1) TITLE AND LOCATION (City and State)
Florida Power & Light (FPL)	 		(2) YEARICOMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
Varies	Varies	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
Chuck was FPL's land use planner in the utility's law department. After leaving FPL, Chuck provided consulting work to FPL on various projects including, battery storage facilities, solar energy plants, new and expanding substations. Atwell continues to be a Power and Energy trusted advisor to both Next Era Energy and FPL. Cost:
NIA	
STANDARD FORM 330 (REV. 8/2016) PAGE 5

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
David Gastel, PE	13. ROLE IN THIS CONTRACT	 	14. YEARS EXPERIENCE	
a.    TOTAL	lb. WITH CURRENT FIRM
14	< 1	
FIRM NAME AND LOCATION (City and State)
Atwell, LLC, 130 S. Orange Avenue, Suite 200B, Orlando FL 32801

EDUCATION (DEGREE AND SPECIALIZATION)
Bachelor of Science
Civil and Environmental Engineering Florida State University

CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
Registered Civil Engineer: Florida Registered Civil Engineer: North Carolina

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
LEED AP BD+C
Central Florida Young Professionals Advisory Council

RELEVANT PROJECTS
	(1) TITLE ANO LOCATION (City and State)
Hudson Acres Apartments, Orlando, FL		
		12) YEARI COMPLETED
PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
EOR	Ongoing	
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

	This is a 320 units multifamily development that is market rate. It included a trail amenity with pool and tot lot. This is located near the intersection of Kirkman Road and Old Winter Garden Road. Cost: N/A	
	(1) TITLE AND LOCATION (City and State)
District West Apartments, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	icONSTRUCTION (If applicable)
EOR	In Design Phase	
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

	This is a 247-unit multifamily development that is workforce housing located at the intersection of John Young Parkway and W.D. Judge Road. Permitted master plan development with the City of Orlando. Cost: N/A	
	(1) TITLE AND LOCATION (City and State)
Goldenrod Townhomes, Orlando, FL	 		(2) YEARICOMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
EOR	N/A	
C. (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	LJcheck if project performed with current firm

	Townhome development rezoned from single family to townhome including a comp plan change. Cost: N/A	
	(1) TITLE AND LOCATION (City and State)
Horizon West Village, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	icONSTRUCTION (If applicable)
EOR	In Design Phase	
d. (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	LJcheck if project performed with current firm

	This was a single-family development near Horizon West off of Hartzog Road. It included roughly 60 single family units with all associated infrastructure. Cost: N/A	
	(1) TITLE AND LOCATION (City and State)
Collegiate Village Student Housing, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	icONSTRUCTION (If applicable)
EOR	Ongoing	

This is a student housing development for 1,600 beds at UCF near the intersection of University Blvd and Alafaya Trail. It included the redevelopment of a parcel as well as a new retail plaza and a rebuilding of an existing street. Cost: NIA

e. (3) BRIEF DESCRIPTION (Brief scope, size, cost. etc.) AND SPECIFIC ROLE	LJcheck if project performed with current firm
STANDARD FORM 330 (REV. 8/2016) PAGE 6

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
Kaiwen Lu, PE	13. ROLE IN THIS CONTRACT	14. YEARS EXPERIENCE
a.    TOTAL	lb. WITH CURRENT FIRM
8	<1	
FIRM NAME AND LOCATION (City and State)
Atwell, LLC, 130 S. Orange Avenue, Suite 2008, Orlando FL 32801

EDUCATION (DEGREE AND SPECIALIZATION)
Master of Business Admin. I Financial and Management Rollins College Crummer Grad. School of Business, FL
Master of Science in Eng. I Geotechnical Eng. I Purdue Univ.
Bachelor of Engineering I Highway and Bridge Eng.
Southeast Univ. Jian su, China

CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
Professional Engineer: Florida Professional Engineer: California

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Additional publ/catlonslpatentsltralnlng upon request
Yaolin Yi, Kaiwen Lu, Songyu Liu, and Abir Al-Tabbaa. (2015). Properties Change of Reactive Magnesia-Stabilised Soil Subjected to Forced Carbonation. Canadian Geotechnical Journal.
Yaolin Yi, Songyu Liu, Kaiwen Lu, and Fei Jing. (2012). Numerical Analysis of Cross Shaped Deep Mixed Columns Improved Three-layered Soft Ground under Highway Embankment Load. ICGI Wollongong 2012.
RELEVANT PROJECTS
	(1) TITLE AND LOCATION (City and State)
Deputy Brandon Coates Park (public park), Orlando, FL	 	(2) YEARI COMPLETED	
PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2014	2016	
a. (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	lJcheck if project performed with current firm

	Lead·Engineer Designer for the Skate Park within the Park. Scope includes CD with Orange County. Cost: N/A	
	(1) TITLE AND LOCATION (City and State)
Park Square Plaza (commercial subdivision), Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	icONSTRUCTION (If applicable)
2018	2020	
b. (3)

	Lead Engineer Designer. Scope includes PSP, DP, and CD with Orange County, FDOT, SJRWMD, FDEP. Cost:
N/A	
	(1) TITLE AND LOCATION (City and State)
Epic Retail Clarcona (commercial subdivision), FL	 		(2) YEARICOMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2020	Onaoina	
C. (3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

	Lead Engineer Designer. Scope includes PSP, DP, and CD with Orange County, FDOT, SJRWMD, FDEP. Cost:
N/A	
	(1) TITLE AND LOCATION (City and State)
Senoran Crossroads PD (commercial subdivision), FL	 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICES	'CONSTRUCTION (If applicable)
2021	Ongoing	
d. (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

	Lead Engineer Designer for the Commercial Outparcel. Scope includes PD amendment, DP and CD with Orange County, FDOT, SJRWMD, FDEP. Cost: N/A	
	(1) TITLE AND LOCATION (City and State)
The Quadrangle PD (commercial subdivision), FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES I CONSTRUCTION (If applicable)
2021	Onaoina	
e. (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm

Lead Engineer Designer for the Hotel Outparcel. Scope includes PSP, DP and CD with Orange County, FDOT, SJRWMD, FDEP. Cost: N/A

STANDARD FORM 330 (REV. 8/2016) PAGE 7

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
Vijaysimha Seelam, PE	13.  ROLE IN THIS CONTRACT	 	14. YEARS EXPERIENCE	
a.    TOTAL	lb. WITH CURRENT FIRM
17	< 1	
FIRM NAME AND LOCATION (City and State)
Atwell LLC, 130 S. Orange Avenue, Suite 2008, Orlando FL 32801

EDUCATION (DEGREE AND SPEC/ALIZA TION)
Master of Science, Civil Engineering Southern Illinois University of Edwardsville Bachelor of Engineering, Civil Engineering Osmania Universit , India

CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
Professional Engineer: Florida

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

RELEVANT PROJECTS
	(1)  TITLE AND LOCATION (City and State)
Heroes Community Park, Wharton-Smith, Inc., Orlando, FL		
		(2) YEARI COMPLETED
PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2018	2018-2019	

	Lead Project Engineer for the site design plans, stormwater and utility design, and assisting with obtaining permits
through SFWMD, City of Orlando, and OUC. Estimated Cost:$ 3M	
	(1) TITLE AND LOCATION (City and State)
Lake Nona Ski Center, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2018	2018-2019	

(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	LJcheck if project performed with current firm

I
(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
	Lead Project Engineer for the site design plans, stormwater and utility design, and assisting with obtaining permits through SFWMD, City of Orlando, and OUC.
Estimated Cost: $ 1.5M	
	(1) TITLE AND LOCATION (City and State)
Laureate Park Aquatic Center Expansion, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
2020	2020	
(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
	Lead Project Engineer for the site design plans, stormwater and utility design, and assisting with obtaining permits
through SFWMD, City of Orlando, and OUC. Estimated Cost: $ 300,000.00	
	(1) TITLE AND LOCATION (City and State)
Eagle Creek, Orange County, FL	 	(2) YEAR COMPLETED	
PROFESSIONAL SERVICES	icONSTR
2011-2015	2011-2015	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	lJcheck if project performed with current firm	
Lead Project Engineer for multiple projects at Eagle Creek that included apartments, retail, and townhomes and
	permitting through Orange County and SFWMD. Also worked on the master utility plans and reports for water, sanitary sewer, and reclaimed water mains, as well as master stormwater design for the site.
Estimated Cost: $ 7M	

e.	(1) TITLE AND LOCATION (City and State)
Orlando Sports and Entertainment District (SED) Development, Orlando, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES I CONSTRUCTION (If applicable)
2019-2020	Ongoing	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project performed with current firm
Lead Project Engineer for the preliminary design on this civil, landscaping, and planning project to assist with due diligence completion on the Sports and Entertainment District. Master plan included projected future demand for water and sewer needs and evaluation of existing utilities for adequacy.
Estimated Cost:$ N/A	
STANDARD FORM 330 (REV. 8/2016) PAGE 8

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME
Anie Delgado, AICP	13. ROLE IN THIS CONTRACT
Planning/Entitlements	 	14. YEARS EXPERIENCE	
a.    TOTAL	lb. WITH CURRENT FIRM
6+	< 1	
FIRM NAME AND LOCATION (City and State)

RVi Plannin  + Landsca  e Architecture, 130 S. Oran  e Avenue, Suite 2008, Orlando FL 32801

EDUCATION (DEGREE AND SPECIALIZATION)
Master of Urban Planning, Florida Atlantic University (2015); Bachelor of Design in Architecture, University of Florida (2012)

CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
American Institute of Certified Planners ID no. 31020 (issued October 2018)

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
Appointed member of the City of Orlando's Board of Zoning Adjustment (January 2021 - present)

TITLE AND LOCATION (City and State)

RELEVANT PROJECTS

 	(2) YEAR COMPLETED	

Master Planning & Transportation Plans for new Epic
Universe Theme Park (Universal Creative), Orlando FL

PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
2018-2020

(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	□check if project performed with current firm
As an in-house Master Planner with Universal Creative, Anie carried out studies regarding new parcels in Orange
County to determine yields and connectivity, produced visual intrusion studies and berm designs surrounding the future Epic Universe site, produced a study to connect Universal Orlando's north campus parks to the new Epic Universe site, led overall master planning of lands within the future park, and collaborated with architecture and landscape architecture teams to develop an interior network of pathways within the theme park.

TITLE AND LOCATION (City and State)
Bicycle and Pedestrian Plan & Maps/ Grant Applications, Boca Raton FL

YEAR COMPLETED
PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
2017-2018

BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	LjCheck if project performed with current firm
As Transportation Analyst and Grant Applications Coordinator, Anie helped the city earn Bronze status with the
League of American Bicyclists, which is based on the number of bicycle-friendly pathways and businesses within the city. She analyzed the entire bicycle network within the city to allow bicyclists to pick the safest route, produced that data in map form and printed and distributed it throughout the community.
Anie also was the city's liaison to the bicycle-pedestrian citizen advisory board to provide ideas for additional bicycle facilities and ways to improve safety. She also found grant funding for bicycle fix-it stations and racks to be placed throughout city.

TITLE AND LOCATION (City and State)
Oaks of Kissimmee golf course redevelopment, Osceola County FL

YEAR COMPLETED
PROFESSIONAL SERVICES	ICONSTRUCTION (If applicable)
2020- Present

BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	12::Jcheck if project performed with current firm
As Planning Manager, Anie has led the process of applying to amend the existing PD to redevelop 107 acres of this golf course with a mix of new residential development, which is surrounded by a master-planned residential community that dates back to the 1980s. Her work has involved preparing submittal documents and serving as client liaison to County staff, coordinating a diverse team of consultants, and facilitating a stakeholder group for residents of the existina community to share input on the master plan revisions.
TITLE AND LOCATION (City and State)	(2) YEAR COMPLETED
Palm Beach Complete Streets & Transportation projects,	PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)

□

Palm Beach County FL	2015-2017
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	check if project performed with current firm
As a Planner II for Multi-Modal Transportation, Anie led the creation of a hazardous walking conditions analysis that analyzed all roadways in the county to determine which pathways were safest for bicyclists and pedestrians, which was then distributed publicly. She then identified funding for how to improve various roadways, based on that
analysis.
d.
Anie created a bike suitability map which analyzed roadways throughout the county and produced a map to show bicyclists the safest paths throughout the county, which was later used to help municipalities throughout the county identify targets for funding. Anie produced a Complete Streets lnfographic that was distributed to all municipalities in the county and was meant to educate public officials on what was a relatively new topic at the time of "Complete Streets." She also coordinated private consultants to analyze the US-1 Multi-Modal Corridor, and coordinated suggestions on how to improve public safety, conditions of sidewalks and shade infrastructure, and where municipalities could identify areas of need to make improvements and seek public funding.

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Comolete one Section E for each kev oerson.)
12. NAME
Ryan Seacrist, PLA	13. ROLE IN THIS CONTRACT
Landscape Architect Project Manager	14. YEARS EXPERIENCE
a.  TOTAL	lb. WITH CURRENT FIRM
11	< 1	
FIRM NAME AND LOCATION (City and State)
RVi Plannin + Landsca  e Architecture, 130 S. Oran e Avenue, Suite 200B Orlando FL 32801

EDUCATION (DEGREE AND SPEC/ALIZA T/ON)
Bachelor of Science in Landscape Architecture, West Virginia
University (2010); Master of Urban and Regional Planning, University of Central Florida (active in

ro ram, antici  ated com

letion 2024

CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
Professional Landscape  Architect Florida Board of Landscape Architecture ID LA6667322 (issued March 2017)

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

Appointed member of the City of Orlando's Municipal Planning Board (Dec 2020 - present)

RELEVANT PROJECTS
	(1) TITLE AND LOCATION (City and State)
Laureate City Parks in Lake Nona, Orlando FL	 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICES	rONSTRUCTION (If applicable)
2015-2016	
(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project perfonned with current firm
	Senior Landscape Architect for the early-stage Master Plan conceptual designs for what was then called the new
South Lake Park and East Airfield Park.	
	(1) TITLE AND LOCATION (City and State)
Lake Lorna Doone Park, Orlando FL	 	(2) YEAR COMPLETED	
PROFESSIONAL SERVICES	icONSTRUCTION (If applicable)
2017-2018	
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Ocheck if project perfonned with current finn
	Senior Landscape Architect for a 35-acre community park renewal in downtown Orlando. The project was funded by Florida Citrus Sports, in partnership with the City of Orlando, as a catalytic urban redevelopment effort in downtown Orlando's low-income Parramore neighborhood	
	(1) TITLE AND LOCATION (City end Stele)
The Gatherings of Lake Nona (in Midtown Improvement District), Orlando FL	 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
2015-2016	
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	UC   heck if project perfonned with current finn
	Senior Landscape Architect for the master planning, visioning, and urban design of this active adult condominium
development, which was the first piece of the Midtown Improvement District in Lake Nona to be developed	
	(1) TITLE AND LOCATION (City and State)
Orlando City Soccer Club Training Facility in Lake Nona,
Orlando FL	 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
2016-2017	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	LJCheck if project perfonned with current firm	
d.     Senior Landscape Architect for the design and construction of a state-of-the-art training facility for the Orlando City

	Soccer MLS team. The project was to include six soccer fields, a clubhouse, maintenance facilities, parking lot and
iconic gateway structures. Note: Roughly two years after completing design, Orlando City Soccer chose to not proceed with buildina this oroiect and moved its trainina to an existin :i facilitv in Kissimmee.	

e.	(1) TITLE AND LOCATION (City and State)
Meridian Parks master-planned community, Orlando FL	 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICES	!CONSTRUCTION (If applicable)
2018-2021	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	Dcheck if project perfonned with current finn
This 2,000-acre, multi-phase development is located northeast of Lake Nona, and is planned for 4,400 single- family homes, 2,000 apartments, and 500,000 square feet of commercial space across 12 new neighborhoods. Ryan Seacrist has played an integral role in the Visioning, Master Planning, design and construction of the community's initial phases. His scope of work has included Urban Design, Landscape Architecture, Parks and Open Space Design, Community Design Guidelines, Wayfinding and Signage, all through Construction Administration.	

)
.•	STANDARD FORM 330 (REV. 8/2016) PAGE 11

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Comf)/ete one Section E for each key f)erson.)
12. NAME
Hannah Plate	13. ROLE IN THIS CONTRACT
Landscape Architect	 	14. YEARS EXPERIENCE	
a.    TOTAL	lb. WITH CURRENT FIRM
7+	<1	
FIRM NAME AND LOCATION (City and State)
RVi Plannin  + Landsca  e Architecture, 130 S. Oran e Avenue, Suite 200B Orlando FL 32801
EDUCATION (DEGREE AND SPECIALIZATION)	17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
Bachelor of Landscape Architecture University of Florida

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
Urban Land Institute - Central Florida chapter member

TITLE AND LOCATION (City and State)

RELEVANT PROJECTS

 	(2) YEAR COMPLETED	

Meridian Parks Master-Planned Community, Orlando FL

PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2018

(3)   BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	□check if project performed with current firm
This 2,000-acre, multi-phase development is located northeast of Lake Nona, and is planned for 4,400 single-
family homes, 2,000 apartments, and 500,000 square feet of commercial space across 12 new neighborhoods. Hannah Plate has played an integral role in the Visioning, Master Planning, design and construction of the community's initial phases. Her scope of work has included Urban Design, Landscape Architecture, Parks and Open Space Design, Community Design Guidelines, Wayfinding and Signage, all through Construction Administration.

TITLE AND LOCATION (City and State)
Downtown South Neighborhood Improvement District - Complete Streets Master Plan & Division Avenue Complete Street Plan, Orlando FL

YEAR COMPLETED
PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2015-2018

BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	lJCheck if project performed with current firm
Hannah served as Landscape Designer on a diverse consulting team to develop conceptual plans for all of the key streets within the District to govern future street sections, streetscape material standards, multi-modal mobility
needs, technological enhancements, and the relative position of buildings adjacent to the street. The work included research of comparable complete street corridors locally and across the nation to bring those lessons to the District. Following that effort, Hannah again served as Landscape Designer for a 1.3-mile segment of Division Avenue, which incorporated complete street design principles and recommendations on adjusting rights of way. The plan recommended horizontal layout of curbs, crosswalks, sidewalks, planting areas, street trees, street furniture, center median landscape planters, lighting, wayfinding, on-street parking, bike/pedway facilities, transit stops and opportunities for public art. Hannah provided visioning for the Orlando Urban Trail extension and the manner in which properties frontina the street will address the public realm desian.

TITLE AND LOCATION (City and State)
The Yard at Ivanhoe mixed-use development, Orlando FL

YEAR COMPLETED
PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2018-2020

BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	□check if project performed with current firm
Hannah served as Landscape Designer on this nine-story, mixed-use development located on seven acres in
downtown Orlando's Ivanhoe Village neighborhood. The project features 630 apartments and 57,000 square feet of ground-level retail. Hannah provided Landscape Design throughout the project's lifespan, from design intent to final construction documentation of the rooftop amenity deck, interior courtyards, a multi-use path, public space with outdoor seating, flexible social spaces and an artist's garden.

TITLE AND LOCATION (City and State)
Lake Myrtle Sports Complex expansion, Auburndale FL

YEAR COMPLETED
PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2018

BRIEF DESCRIPTION (Brief scope, size, cost, etc.)  AND SPECIFIC ROLE	□check if project performed with current firm
Hannah served as Landscape Designer of an expansion of this city's baseball field facility from five to nine fields,
making it a premier destination for tournaments. The expansion takes advantage of the site's rolling topography and balances the project's cut and fill by introducing a terraced area for viewing play on northern fields and creates an awards presentation area. Design featured two convenient loading and unloading areas, and emphasizes landscaping that minimizes maintenance but provides shaded walkwavs and lawn areas
STANDARD FORM 330 (REV. 8/2016) PAGE 10

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 1O projects, if not specified.
Comolete one Section F for each oroiect.)	20. EXAMPLE PROJECT KEY NUMBER
1	
21.  TITLE AND LOCATION (City and State)
East Park PD/COD, Orlando, Fl	 		22. YEAR COMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
2020	

PROJECT OWNER
The Pinnacle Companies

PROJECT OWNER'S INFORMATION

POINT OF CONTACT NAME
John Gray, Jr.

POINT OF CONTACT TELEPHONE NUMBER
(407) 402-9001

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)
Civil Engineer responsible for all planning, design, permitting and construction phase services for 500+ acre residential PD. As District Engineer for CDD prepared all Engineering Reports and Cost Documents for Court's approval of issuance of Special Assessment Revenue Bonds. Provided all construction inspections and signed off on all pay request for release of bond funds. Attended monthly meetings and represented CDD board as CDD Engineer. Cost
$15,000,000+

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Larry Ray/Prior Firm	(2) FIRM LOCATION (City and State)

Florida	(3) ROLE

Civil Engineer	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

c.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (1/2004) PAGE 13
)

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
2	
21. TITLE AND LOCATION (City and State)
Orlando International Airport, 4th Runway/South Terminal Complex, Orlando, Fl	 		22. YEAR COMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If applicable)
Ongoing	

PROJECT OWNER'S INFORMATION

a.   PROJECT OWNER	b.   POINT OF CONTACT NAME	c. POINT OF CONTACT TELEPHONE NUMBER
Greater Orlando Aviation Authority	Mark Birkebak - Director of	(407) 825-4058 (GOAA)	Engineering
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)
Lead Civil Engineering Consultant for planning and environmental permitting of both the 4th Runway and South Terminal Complex at Orlando International Airport. Civil Engineering Team Member for design and construction of the 4th Runway System. Civil Team Member for Value Engineering of first phases of South Terminal Complex. Cost
$3,000,000,000+

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Larry Ray/Prior Firm	(2)   FIRM LOCATION (City and State)

Florida	(3) ROLE
Civil Engineer	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

c.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

)	STANDARD FORM 330 (112004) PAGE 14

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
3	
21. TITLE AND LOCATION (City and State)
Rock Springs Ridge PD, Apopka, Fl	 		22. YEAR COMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (ff applicable)
2010	

PROJECT OWNER
Brooksfield Develo ment

PROJECT OWNER'S INFORMATION

POINT OF CONTACT NAME
Jim Fant

POINT OF CONTACT TELEPHONE NUMBER
407 947-8502

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)
1,200+/- acre residential/golf course community in Apopka, Fl. Scope of project included planning, engineering, permitting and construction phase services for the 1,200 unit project. Cost $20,000,00+

/25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Larry Ray/Prior Firm	(2) FIRM LOCATION (City and State)

Florida	(3) ROLE

Civil Engineer	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

C.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (112004) PAGE 15
)

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	'0. EXAMPLE PROJECT KEY NUMBER

4	
21. TITLE AND LOCATION (City and State)

Meridian Parks master-planned community, Orlando FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES
2018-21	CONSTRUCTION (If applicable)	
PROJECT OWNER'S INFORMATION
a. PROJECT OWNER
Mattamy Homes	b. POINT OF CONTACT
Chuck Bell, Land Dev. Manager	c. POINT OF CONTACT TELEPHONE NUMBER
407-607-8718	
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

This 2,000-acre, phased development is located northeast of Lake Nona, and is planned for up to 4,400 single­ family homes, 2,000 apartments, and 500,000 square feet of commercial space across 12 new neighborhoods, to be built out over 20 years. Ryan Seacrist and Hannah Plate played integral roles in the Visioning, Master Planning, design and construction of the community's initial phases. His scope of work has included Urban Design, Landscape Architecture, Parks and Open Space Design, Community Design Guidelines, Wayfinding and Signage, all throu h Construction Administration.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Ryan Seacrist of RVi Planning +
Landscape Architecture (while with a previous firm)	(2) FIRM LOCATION (City and State)
Orlando, FL	(3) ROLE
Senior Landscape Architect and Project Manager	

b.	(1) FIRM NAME
Hannah Plate of RVi Planning +
Landscape Architecture (while with a previous firm)	(2) FIRM LOCATION (City and State)
Orlando, FL	(3) ROLE
Landscape Designer	
STANDARD FORM 330 (1/2004) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified
Complete one Section F for each project.)	,o. EXAMPLE PROJECT KEY
NUMBER

5	
21. TITLE AND LOCATION (City and State)

The Gatherings of Lake Nona (in Midtown Improvement District), Orlando FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES
2015-16	CONSTRUCTION (If applicable)	
PROJECT OWNER'S INFORMATION
a. PROJECT OWNER
Beazer Homes	b. POINT OF CONTACT
Dallas Austin, (former) Land Entitlements Manager	c. POINT OF CONTACT TELEPHONE NUMBER
407-488-2274	
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Ryan Seacrist, PLA, served as Senior Landscape Architect for the master planning, visioning, and urban design of this active adult condominium development, which was the first piece of the Midtown Improvement District in Lake Nona to be develo ed.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Ryan Seacrist of RVi Planning +
Landscape Architecture (while with a previous firm)	(2) FIRM LOCATION (City and State)
Orlando, FL	(3) ROLE
Senior Landscape Architect	

)

STANDARD FORM 330 (1/2004) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 1O projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
6	
21.	TITLE AND LOCATION (City and State)
The Club at Maison Jardin, Altamonte Springs, Fl	 		22. YEAR COMPLETED	 PROFESSIONAL SERVICES	CONSTRUCTION (If appllcable)
2021	2022	

PROJECT OWNER

PROJECT OWNER'S INFORMATION

POINT OF CONTACT NAME

POINT OF CONTACT TELEPHONE NUMBER

DOGOX, LLC

Horacio Gonzalez

407 467-3317

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

A ten (10) lot, gated, single-family development in Altamonte Springs adjacent to the Maison Jardin French Restaurant. The project includes Preliminary Plan design and approval thru final design, permitting and construction administration. Atwell has been chosen to redesign and permit the project after the failure of two previous firms due to the complexity of meeting all zoning and design requirements of the City and Seminole County. The estimated cost of development is $950,000.00

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1)	FIRM NAME

Atwell	(2)	FIRM LOCATION (City and State)
Orlando, Fl	(3)	ROLE

Civil Engineer/Project Manager	

b.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

c.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (1/2004) PAGE 15
_)

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified
Complete one Section F for each project.)	120. EXAMPLE PROJECT KEY NUMBER

7	
21. TITLE AND LOCATION (City and State)

Laureate City Parks in Lake Nona, Orlando FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES
2015-16	CONSTRUCTION (If applicable)	
PROJECT OWNER'S INFORMATION
a. PROJECT OWNER	b. POINT OF CONTACT	c. POINT OF CONTACT TELEPHONE NUMBER	
Tavistock Development Co.	Patrice J. Ragusa, (former)
Landscape Architectural Design & Develo ment Mana er	Patrice.ragusa@universalorlando.com (now with Universal Creative)	

BRIEF DESCRIPTION  OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Ryan Seacrist, PLA, served as Senior Landscape Architect for the Conceptual Master Plan designs for what was then called the new South Lake Park (below - left) and East Airfield Park (below - right).

- ··.--_-­..-..-...-­

·­

·--

...,,.....
·•--·­­

·---

.,_

"-

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Ryan Seacrist of RVi Planning
+ Landscape Architecture (while with a previous firm)	(2) FIRM LOCATION (City and State)

Orlando, FL	(3) ROLE
Senior Landscape Architect	

}

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER

8	
21. TITLE AND LOCATION (City and State)

Lake Lorna Doone Park, Orlando FL	22. YEAR COMPLETED	
	PROFESSIONAL SERVICES
2017-18	CONSTRUCTION (If applicable)	
PROJECT OWNER'S INFORMATION
a. PROJECT OWNER
City of Orlando & Florida Citrus Sports	b. POINT OF CONTACT
Steve Hogan, CEO - Florida Citrus Sports	c. POINT OF CONTACT TELEPHONE NUMBER
407-513-1602	
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

RVi's Director of Florida Operations Ryan Seacrist, PLA, served as Senior Landscape Architect for this 35-acre community park renewal, providing schematic sketch drawings of the park (below - right) and final renderings of the new park pavilion area (below - left). The project was funded by Florida Citrus Sports, in partnership with the City, as a catalytic urban redevelopment effort in downtown Orlando's low-income Parramore neighborhood.
Project cost was estimated at $8 million.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Ryan Seacrist of RVi Planning +
Landscape Architecture (while
with a previous firm)	(2) FIRM LOCATION (City and State)
Orlando, FL	(3) ROLE

Senior Landscape Architect	

)

PROFESSIONAL SERVICES
2018

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified Complete one Section F for each project.)

O. EXAMPLE PROJECT KEY NUMBER

9

TITLE AND LOCATION (City and State)
Downtown South Neighborhood Improvement District - Complete Streets Master Plan & Division Avenue Complete Street Plan, Orlando FL

YEAR COMPLETED
CONSTRUCTION (If applicable)

PROJECT OWNER'S INFORMATION
a. PROJECT OWNER
City of Orlando	b. POINT OF CONTACT
Martin Hudson, project manager	c. POINT OF CONTACT TELEPHONE NUMBER
407-246-3242	
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

Hannah Plate served as Landscape Designer on a diverse consulting team to develop conceptual plans for all of the key streets within the District to govern future street sections, streetscape material standards, multi-modal mobility needs, technological enhancements, and the relative position of buildings adjacent to the street. The work included research of comparable complete street corridors locally and across the nation to bring those lessons to the District. Following that effort, Hannah again served as Landscape Designer for a 1.3-mile segment of Division Avenue, which incorporated complete street design principles and recommendations on adjusting rights of way.
The plan recommended horizontal layout of curbs, crosswalks, sidewalks, planting areas, street trees, street furniture, center median landscape planters, lighting, wayfinding, on-street parking, bike/pedway facilities, transit stops and opportunities for public art. Hannah provided visioning for the Orlando Urban Trail extension and the manner in which properties fronting the street will address the public realm design of the corridor.

Ryan Seacrist served as Senior Landscape Architect on the Orange Avenue portion of the Complete Streets Master Plan, contributing to the pedestrian infrastructure enhancements through design concepts and visioning. That included implementing the SoDo-branded Duratherm crosswalks (pictured below), in coordination with DSNID and rigorous FOOT design standards. Ryan worked closely with the manufacturer Duratherm to expand their capabilities, and incorporate a logo brand into their crosswalk product for the first time.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Hannah Plate of RVi Planning +
Landscape Architecture (while with a previous firm)	(2) FIRM LOCATION (City and State)
Orlando, FL	(3) ROLE
Landscape Designer	

b.	Ryan Seacrist of RVi Planning +
Landscape Architecture (while with a previous firm)	Orlando, FL	Senior Landscape Architect	

)

G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS

26. NAMES OF KEY PERSONNEL (From Section E,
Block 12)	27. ROLE IN THIS CONTRACT
(From Section E, Block 13)	28. EXAMPLE PROJECTS LISTED IN SECTION F
(Fill in "Example Projects Key" section below before completing table. Place "X" under project key number for
participation in same or similar role.}	
		1	2	3	4	5	6	7	8	9	10	
Larry Ray, PE	Lead COD Engineer	X	X	X			X					
Keith Haudgahl, PE	Project Engineer											
Charles Millar	Entitlement/Environmental Permitting Liaison											
David Gastel, PE	Project Engineer						X					
Kaiwen Lu, PE	Engineer/Designer						X					
Vijay Seelam, PE	Engineer/Designer											
Anie Delgado, AICP	Planning/Entitlements											
Ryan Seacrist, PLA	Landscape Architect PM				X	X		X	X	X		
Hannah Plate	Landscape Architect				X					
X		

												

												

												

EXAMPLE PROJECTS KEY

NO.	TITLE OF EXAMPLE PROJECT (FROM SECTION F)	NO.	TITLE OF EXAMPLE PROJECT (FROM SECTION F)	
1	East Park PD/CDD, Orlando, Fl	6	The Club at Maison Jardin, Orlando, FL	
2	Orlando International Airport, 4th Runway/South Terminal Complex, Orlando, Fl	7	Laureate City Parks in Lake Nona, Orlando, FL	
3	Rock Springs Ridge PD, Apopka, Fl	8	Lake Lorna Doone Park, Orlando FL	
4	Meridian Parks Master-Planned Community,
Orlando, FL	9	DSNID Complete Streets Master Plan, Orlando FL	
5	The Gatherings of Lake Nona (in Midtown Improvement District), Orlando, FL	10		
STANDARD FORM 330 (1/2004) PAGE 23

H. ADDITIONAL INFORMATION

PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.

Atwell, LLC is a national consulting, engineering, and construction services firm with offices throughout the country that deliver a broad range of strategic and creative solutions to clients in three core markets: real estate and land development, power and energy, and oil and gas. Atwell provides comprehensive turnkey services including land and right of way support, engineering, land surveying, environmental compliance and permitting, and project and program management.

With multiple offices throughout the United States and over 700 team members, Atwell has successfully completed the design, permitting, and construction management for thousands of projects, exceeding several billions of dollars in value. Atwell passionately advocates for its clients with an unmatched drive for better, faster and safer project completions and our success is rooted in our exceptional people, industry diversification, broad range of services and our entrepreneurial, customer focused spirit, which drives a team-oriented culture.

MARKET SECTORS
Over the last decade, Atwell has emphasized a corporate focus on the industries of our clients, instead of the services provided and disciplines represented. We organize our work groups into market sectors (residential, commercial), as opposed to service groups. We can divide and conquer your most complex projects with staff fully educated on your specific industry and product-type. This approach also aligns us with our clients, with respect to business development and market awareness.

Multi-use developments, master-planned communities, single-family developments, multifamily developments, senior living communities- it's the only thing our Real Estate and Land Development teams do, all day, every day. Clients from the country's largest homebuilders to local developers count on us to maximize profitable use of a finite land resource.

We are the program manager for over 1,000 commercial I retail projects and currently designing over 50,000 residential units nationally.

A LOCAL PRESENCE
The team we have presented to assist Tavistock  with this exciting opportunity has not only a depth of relevant experience but a depth of knowledge of the Lake Nona/ Orlando, Florida region. Each presented team member has been a part of numerous local projects as indicated in the attached graphic at the beginning of this submission. Although Atwell has the capability to call on our nationwide team of offices for support if the need arises, our focus is to provide a local team from our Orlando and Palm Beach Gardens locations, which comprise more than 30 years' experience that will be available and present to meet your needs.

RECOGNIZED FOR OUR WORK AND CULTURE
Atwell has achieved the #104 rank in Engineering News-Record (ENR's) Top 500 National Design List, #83 on the Pure Design Firms list, Crain's "Cool Places to Work" and "Fast 50", and Zweig Group's Top 50 "Hot Firms" and "Best Firms to Work For!" We are honored by this recognition and grateful for our team members and clients who support and believe in Atwell every day.

SIGNATURE

I. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.

DATE
2021-09-06

ior Project Manager

STANDARD FORM 330 (1/2004) PAGE 24

1. SOLICITATION NUMBER (If any)

ARCHITECT-ENGINEER QUALIFICATIONS

N/A

PART II - GENERAL QUALIFICATIONS
(If a firm has branch offices, complete for each specific branch office seeking work.)
2a. FIRM (or Branch Office) NAME	3.
Atwell, LLC	YEAR ESTABLISHED 14. UNIQUE ENTITY IDENTIFIER
2009	27-1219822	
2b. STREET
130 S. Orange Ave. Suite 2008	a	 	5. OWNERSHIP	
. TYPE
 	C Corporation	
b. SMALL BUSINESS STATUS
 	N/A	
. NAME OF FIRM (If Block 2a is a Branch Office)

Atwell, LLC	
2c. CITY	12d. STATE 12e. ZIP CODE
Orlando	FL	32801		
6a. POINT OF CONTACT NAME AND TITLE
7
Larry Ray, PE, Senior Project Manager		
6b. TELEPHONE NUMBER	16c. EMAIL ADDRESS
407.399.9615	lray@atwell-group.com		
Sa. FORMER FIRM NAME(S) (If any)	Sb. YEAR ESTABLISHED	Sc. UNIQUE ENTITY IDENTIFIER	
-	-		
9. EMPLOYEES BY DISCIPLINE	10. PROFILE OF FIRM'S EXPERIENCE
AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS	
a. Function Code	
b. Discipline	- Number of Employees	a. Profile Code	b. Experience	c. Kevenue Index
Number
(see below)	
		(1) FIRM	(2) BRANCH				
02	Administrative	65		A06	Airports, Terminals & Hanoars	1	
OR	r.Ann 1 ..,,.: ",;1.;,.,, ,=:,	17		C10	l ,1111111  ,r-:     '.-' - I r'I\A/ Ric:A	6	
12	Civil Enaineers	162	8	nn.1	nAc:inn-R, ,ilrl - .... ·-· .... :, ... of RFP	6	
16	Construction Manaaer	1		nn1	nininn H::illc:· r.1t .,..he:· RP. ta• ,r::int	4	
21	Electrical Enoineer	49	2	FO?	F=rl,II-= • 11"'1 '  r- -	·
I	4	
23	Environmental Enaineer	40		G01	Garaaes· VMF· Parkina Decks	3	
29	Geoaraohic Information Svstems	6		H09	Hosoitals & Medical Facilities	4	
42	Mechanical Enaineer	34		H10	Hotels & Motels	7	
47	P-lanners	5		H11	Housina (Residential)	9	
48	rl lJI'(""':;    I   a•	r':Jl I'['"':;
IVlr.l	.d?		101	Industrial Bldas· Manufacturina	9	
58	Technician/Analvst	1		MOS	Militarv Desian Standards	3	
38	Land Survevor	59	2	001	O...ffir.P. R11ilrlinm:,· lnrl11 tri I Park	6	
				R04	---....-.. :•----·	lr-11 Fz=i, .•..	4	

							

							
							
	Other Employees	173	8				
Total	654	20				
11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM
FOR LAST 3 YEARS
(Insert revenue index number shown at right)	PROFESSIONAL SERVICES REVENUE INDEX NUMBER
Less than $100,000	6.	$2 million to less than $5 million
$100,000 to less than $250,000	7.	$5 million to less than $10 million
$250,000 to less than $500,000	8.	$10 million to less than $25 million
$500,000 to less than $1 million	9.	$25 million to less than $50 million
$1 million to less than $2 million	10. $50 million or greater	
a. Federal Work	4		
b. Non-Federal Work			
c. Total Work	10
10		
12. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.

a. SIGNATURE

b. DATE

9/7/21

, PE, Senior Project Manager

STANDARD FORM 330 (REV. 8/2016) PAGE 6

1. SOLICITATION NUMBER (if any)

ARCHITECT-ENGINEER QUALIFICATIONS

PART 11- GENERAL QUALIFICATIONS
(Ha firm has branch offices, complete for each specific branch office seeking work.)
2a. FIRM (OR BRANCH OFFICE) NAME
RVE, Inc., dba RVi Planning+ Landscape Architecture	3. YEAR ESTABLISHED
1982	,4. DUNS NUMBER
062430913	
2b.STREET
130 S. Orange Avenue, Suite 2008	5. OWNERSHIP	
	a. TYPE
Corporation	
2c. CITY
Orlando					12d. STATE
FL	I2e. ZIP CODE
32801		
							b. SMALL BUSINESS STATUS
n/a	

6a. POINT OF CONTACT NAME AND TITLE
Ryan Seacrist, Director of Florida Operations		
	7. NAME OF FIRM (If block 2a. is a branch office)

RVi Planning + Landscape Architecture, Inc.	
6b. TELEPHONE NUMBER	I6c. E-MAIL ADDRESS
407-680-0650	rseacrist@rviplanning.com		
Sa. FORMER FIRM NAME(S) (If any)	Sb. YR ESTABLISHED	lac. DUNS NUMBER	
	I	
9. EMPLOYEES BY DISCIPLINE	10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS	

a. Function Code	

b. Discipline	c. No. of Employees	
a. Profile Code	

b. Experience	c. Revenue Index
Number (see
below)	
		
(1) FIRM	
(2) BRANCH				
39	Landscaoe Architect	20	2	E02	Education facilities	3	
47	Planner: Urban/Reaional	13	1	S09	Solid waste/landfill	1	
48	Proiect Manaaer	10	2	D04	Desian-Build - Preo of RFPs	1	
02	Administrative	6	0	DOS	Diaital Elevation & Terrain Model	2	
				H11	Housina <Residential Multifamilv)	7	
				L03	Landscape architecture	8	
				P0S	Plannina (CommuniM	8	
				P06	Plannina (Site I Proiect)	2	
				R04	Recreation facilities	6	
				CO2	Cemeteries (Plannina/Relocation)	2	

							

	Other Employees		1				
Total	49	6				
11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM
FOR LAST 3 YEARS
(Insert revenue index number shown at right)		PROFESSIONAL SERVICES REVENUE INDEX NUMBER
Less than $100,000	6.  $2 million to less than $5 million
$100,00 to less than $250,000	7.  $5 million to less than $10 million
$250,000 to less than $500,000	8. $10 million to less than $25
$500,000 to less than $1 million	million
$1 million to less than $2 million	9. $25 million to less than $50
million
10. $50 million or areater	
a. Federal Work	1			
b. Non-Federal Work	8			

c. Total Work	
9			

12. AUTHORIZED REPRESENTATIVE

The fore  oin   is a statement of facts.

b. DATE

a. SIGNATURE
c. NAME AND TITLE

Ryan Seacrist, Director of Florida Operations

08/25/2021

   )

AUTHORIZED FOR LOCAL REPRODUCTION MANDATORY USE DATE OF FORM 5/1/2004

STANDARD FORM 330 1112004) PAGE 6

)	0ATWELL
866.850.4200	www.atwell-group.com

Midtown Improvement District

Acquisition and Advanced Funding Agreement

ACQUISITION AND ADVANCED FUNDING AGREEMENT

THIS ACQUISITION AND ADVANCED FUNDING AGREEMENT (“Agreement”) is made and entered into, by and between:

Midtown Improvement District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located within the City of Orlando, Florida (the “District”); and

Lake Nona Land Company, LLC, a Florida limited liability company, the owner of certain lands within the District, whose address is 6900 Tavistock Lakes Boulevard, Suite 200, Orlando, Florida 32827 (the “Developer”; together with the District, the “Parties”).

RECITALS

Whereas, the District was established by ordinance adopted by the City Council for the City of Orlando, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the “Act”), and is validly existing under the Constitution and laws of the State of Florida; and

Whereas, the Act authorizes the District to issue bonds for the purpose, among others, of planning, financing, constructing, operating and/or maintaining certain infrastructure, including roadways improvements, stormwater management systems, potable and reclaimed water and sewer systems, electrical and street light conduit, recreational facilities and amenities and other infrastructure within or without the boundaries of the District; and

WHEREAS, the Developer is the primary owner of certain lands in the City of Orlando, Florida (“City”), located within the boundaries of the District; and

WHEREAS, the District presently intends to finance the planning, design, acquisition, construction, and installation of certain infrastructure improvements, facilities, and services known as the “Project” and as detailed in the Engineer’s Report and Capital Improvement Project dated July 7, 2021, as may be revised (“Engineer’s Report”), attached to this Agreement as Exhibit A; and

WHEREAS, the District intends to finance all or a portion of the Project through the use of proceeds from future special assessment revenue bonds or notes (“Bonds”); and

WHEREAS, the District has not had sufficient monies on hand to allow the District to contract directly for: (i) the preparation of the surveys, testing, reports, drawings, plans, permits, specifications, and related documents necessary to complete the Project (“Work Product”); or (ii) construction and/or installation of the improvements comprising the Project (“Improvements”); and

WHEREAS, the District acknowledges the Developer’s need to commence development of the lands within the District in an expeditious and timely manner; and

WHEREAS, in order to avoid a delay in the commencement of the development of the Work Product and/or the Improvements, the Developer has advanced, funded, commenced, and completed and/or will complete certain of the Work Product and/or Improvements; and

WHEREAS, the Developer and the District are entering into this Agreement to set forth the process by which the District may acquire the Work Product, the Improvements, and any related real property interests (“Real Property”) and in order to ensure the timely provision of the infrastructure and development.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the District and the Developer agree as follows:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated as a material part of this Agreement.

ADVANCED FUNDING. Prior to the issuance of the Bonds, the Developer agrees to make available to the District such monies as are necessary to enable the District to proceed with, and expedite, the design, engineering, and construction of the Project. The Developer will make such funds available on a monthly basis, within fifteen (15) days of a written request by the District. The funds (“Advanced Funds”) shall be placed in the District's depository as determined by the District and shall be repaid to the Developer subject to the terms of this Agreement. The District shall individually account for costs incurred and Advanced Funds expended in connection with the Project.

WORK PRODUCT AND IMPROVEMENTS. The parties agree to cooperate and use good faith and best efforts to undertake and complete the acquisition process contemplated by this Agreement on such date or dates as the parties may jointly agree upon (each, an “Acquisition Date”). Subject to any applicable legal requirements (e.g., but not limited to, those laws governing the use of proceeds from tax exempt bonds), and the requirements of this Agreement, the District agrees to acquire completed Work Product and Improvements that are part of the Project.

Request for Conveyance and Supporting Documentation – When Work Product or Improvements are ready for conveyance by the Developer to the District, the Developer shall notify the District in writing, describing the nature of the Work Product and/or Improvement and estimated cost. Additionally, Developer agrees to provide, at or prior to the Acquisition Date, the following: (i) documentation of actual costs paid, (ii) instruments of conveyance such as bills of sale or such other instruments as may be requested by the District, and (iii) any other releases, warranties, indemnifications or documentation as may be reasonably requested by the District.

Costs – Subject to any applicable legal requirements (e.g., but not limited to, those laws governing the use of proceeds from tax exempt bonds), the availability of proceeds from the Bonds, and the requirements of this Agreement, the District shall pay the lesser of (i) the actual cost creation/construction of the Work Product or Improvements, and (ii) the fair market value of the Work Product or Improvements. The Developer shall provide copies of any and all invoices, bills, receipts, or other evidence of costs incurred by the Developer for any Work Product and/or Improvements. The District Engineer shall review all evidence of cost and shall certify to the District’s Board of Supervisors (“Board”) whether the cost being paid is the lesser of (i) the actual cost of creation/construction of the Work Product or

Improvements, and (ii) the fair market value of the Work Product or Improvements. The District Engineer’s opinion as to cost shall be set forth in an Engineer’s Certificate which shall accompany the requisition for the funds from the District’s Trustee for the Bonds (“Trustee”).

Conveyances on “As Is” Basis. Unless otherwise agreed, all conveyances of Work Product and/or Improvements shall be on an “as is” basis. That said, the Developer agrees to assign, transfer and convey to the District any and all rights against any and all firms or entities which may have caused any latent or patent defects, including, but not limited to, any and all warranties and other forms of indemnification.

Right to Rely on Work Product and Releases – The Developer agrees to release to the District all right, title, and interest which the Developer may have in and to any Work Product conveyed hereunder, as well as all common law, statutory, and other reserved rights, including all warranties and copyrights in the Work Product and extensions and renewals thereof under United States law and throughout the world, and all publication rights and all subsidiary rights and other rights in and to the Work Product in all forms, mediums, and media, now known or hereinafter devised. To the extent determined necessary by the District, the Developer shall reasonably obtain all releases from any professional providing services in connection with the Work Product to enable the District to use and rely upon the Work Product. The District agrees to allow the Developer access to and use of the Work Product without the payment of any fee by the Developer. However, to the extent the Developer’s access to and use of the Work Product causes the District to incur any cost or expense, such as copying costs, the Developer agrees to pay such cost or expense.

Transfers to Third Party Governments; Payment for Transferred Property – If any item acquired is to be conveyed to a third-party governmental body, then the Developer agrees to cooperate and provide such certifications, documents, bonds, warranties, and/or forms of security as may be required by that governmental body, if any. Further, the District and the Developer agree that it can be difficult to timely effect the turnover of infrastructure from the Developer to the District and then to a third-party governmental entity, and, accordingly, the District and the Developer recognize and agree that the parties shall make reasonable efforts to transfer such Work Product and/or Improvements to the District pursuant to the terms of this Agreement. Regardless, and subject to the terms of this Agreement, the District has the obligation to acquire all such Work Product and/or Improvements described in the Engineer’s Report that is intended to be turned over to a third party governmental entity, and, in the event that the Developer transfers any such Work Product and/or Improvements to a third party governmental entity prior to the District’s acquisition of the Work Product and/or Improvements, the District shall be obligated to pay for such Work Product and/or Improvements, subject to the terms of this Agreement, and subject to ensuring that such acquisition and payment would not affect the tax- exempt status of the Bonds.

Permits – The Developer agrees to cooperate fully in the transfer of any permits to the District or a governmental entity with maintenance obligations for any Improvements conveyed pursuant to this Agreement.

Engineer’s Certification – The District shall accept any completed Work Product and/or Improvements where the District Engineer (or other consulting engineer reasonably acceptable to the District), in his/her professional opinion, is able to certify that, in addition to any other requirements of law: (i) the Work Product and/or Improvements are part of the Project; (ii) the price for such Work Product and/or Improvements did not exceed the lesser of the cost of the Work Product and/or Improvements or the fair market value of the Work Product and/or Improvements;
(iii) as to Work Product, the Work Product is capable of being used for the purposes intended by the District, and, as to any Improvements, the Improvements were installed in accordance with their specifications, and are capable of performing the functions for which they were intended; and (iv) as to any Improvements, all known plans, permits and specifications necessary for the operation and maintenance of the Improvements are complete and on file with the District, and have been transferred, or are capable of being transferred, to the District for operations and maintenance responsibilities.

CONVEYANCE OF REAL PROPERTY. The Developer agrees that it will convey to the District at or prior to the applicable Acquisition Date as determined solely by the District, by a special warranty deed or other instrument acceptable to the Board together with a metes and bounds or other description, the Real Property upon which any Improvements are constructed or which are necessary for the operation and maintenance of, and access to, the Improvements.

Cost. The parties agree that all Real Property shall be provided to the District at no cost, unless (i) the costs for the Real Property are expressly included as part of the Project, as described in the Engineer’s Report, and (ii) the purchase price for the Real Property is the lesser of the appraised value of the Real Property, based on an appraisal obtained by the District for this purpose, or the cost basis of the Real Property to the Developer. The parties agree that the purchase price shall not include amounts attributable to the value of improvements on the Real Property and other improvements serving the Real Property that have been, or will be, funded by the District.

Fee Title and Other Interests – The District may determine in its reasonable discretion that fee title for Real Property is not necessary and in such cases shall accept such other interest in the lands upon which the Improvements are constructed as the District deems acceptable.

Developer Reservation – Any conveyance of Real Property hereunder by special warranty deed or other instrument shall be subject to a reservation by Developer of its right and privilege to use the area conveyed to construct any Improvements and any future improvements to such area for any related purposes (including, but not limited to, construction traffic relating to the construction of the development) not inconsistent with the District’s use, occupation or enjoyment thereof.

Fees, Taxes, Title Insurance – The Developer shall pay the cost for recording fees and documentary stamps required, if any, for the conveyance of the lands upon which the Improvements are constructed. The Developer shall be responsible for all taxes and

assessments levied on the lands upon which the Improvements are constructed until such time as the Developer conveys all said lands to the District. At the time of conveyance, the Developer shall provide, at its expense, an owner’s title insurance policy or other evidence of title in a form satisfactory to the District.

Boundary Adjustments – Developer and the District agree that reasonable future boundary adjustments may be made as deemed necessary by both parties in order to accurately describe lands conveyed to the District and lands which remain in Developer’s ownership. The parties agree that any land transfers made to accommodate such adjustments shall be accomplished by donation. However, the party requesting such adjustment shall pay any transaction costs resulting from the adjustment, including but not limited to taxes, title insurance, recording fees or other costs. Developer agrees that if a court or other governmental entity determines that a re-platting of the lands within the District is necessary, Developer shall pay all costs and expenses associated with such actions.

TAXES, ASSESSMENTS, AND COSTS.

Taxes and Assessments on Property Being Acquired. The District is an exempt governmental unit acquiring property pursuant to this Agreement for use exclusively for public purposes. Accordingly, in accordance with Florida law, the Developer agrees to place in escrow with the Orange County tax collector an amount equal to the current ad valorem taxes and non-ad valorem assessments (with the exception of those ad valorem taxes and non-ad valorem assessments levied by the District) prorated to the date of transfer of title, based upon the expected assessment and millage rates giving effect to the greatest discount available for early payment.

If and only to the extent the property acquired by the District is subject to ad valorem taxes or non-ad valorem assessments, the Developer agrees to reimburse the District for payment, or pay on its behalf, any and all ad valorem taxes and non-ad valorem assessments imposed during the calendar year in which each parcel of property is conveyed.

Nothing in this Agreement shall prevent the District from asserting any rights to challenge any taxes or assessments imposed, if any, on any property of the District.

Notice. The parties agree to provide notice to the other within thirty (30) calendar days of receipt of any notice of potential or actual taxes, assessments, or costs, as a result of any transaction pursuant to this Agreement, or notice of any other taxes, assessments, or costs imposed on the property acquired by the District as described in subsection a. above. The Developer covenants to make any payments due hereunder in a timely manner in accord with Florida law. In the event that the Developer fails to make timely payment of any such taxes, assessments, or costs, the Developer acknowledges the District’s right to make such payment. If the District makes such payment, the Developer agrees to reimburse the District within thirty (30) calendar days of receiving notice of such payment, and to include in such reimbursement any fees, costs, penalties, or other expenses which accrued to the

District as a result of making such a payment, including interest at the maximum rate allowed by law from the date of the payment made by the District.

Tax liability not created. Nothing herein is intended to create or shall create any new or additional tax liability on behalf of the Developer or the District. Furthermore, the parties reserve all respective rights to challenge, pay under protest, contest or litigate the imposition of any tax, assessment, or cost in good faith they believe is unlawfully or inequitably imposed and agree to cooperate in good faith in the challenge of any such imposition.

ACQUISITIONS AND BOND PROCEEDS. The District may in the future, and in its sole discretion, elect to issue Bonds that may be used to finance portions of work acquired hereunder, as well as reimburse Advanced Funds. In the event that the District issues the Bonds and has bond proceeds available to pay for any portion of the Project acquired by the District, or any Advanced Funds, and subject to the terms of the applicable documents relating to the Bonds, then the District shall promptly make payment for any such acquired Work Product, Improvements or Real Property, or reimbursable Advanced Funds, pursuant to the terms of this Agreement; provided, however, that no such obligation shall exist where the Developer is in default on the payment of any debt service assessments due on any property owned by the Developer, or is in default under any agreements between the Developer and the District, or, further, in the event the District’s bond counsel determines that any such acquisitions or payments for Advanced Funds are not properly compensable for any reason, including, but not limited to federal tax restrictions imposed on tax-exempt financing, the District shall not be obligated to make payment for such acquisitions, or Advanced Funds. Interest shall not accrue on any amounts owed for any prior acquisitions, or Advanced Funds. In the event the District does not or cannot issue sufficient bonds to pay for all acquisitions hereunder, and Advanced Funds, and, thus does not make payment to the Developer for any unfunded acquisitions, or any unreimbursed Advanced Funds, then the parties agree that the District shall have no payment or reimbursement obligation whatsoever for those unfunded acquisitions, or unreimbursed Advanced Funds, provided the same shall not be deemed to release the District from any obligations set forth in any promissory notes issued by the District to the Developer. The Developer acknowledges that the District may convey some or all of the Work Product and/or Improvements in the Engineer’s Report to a general purpose unit of local government (e.g., the City) and consents to the District’s conveyance of such Work Product and/or Improvements prior to any payment being made by the District. The Developer and the District agree that in the event any acquisitions of Work Product, Improvements or Real Property are made or Advanced Funds are provided pursuant to this Agreement prior to the issuance of any bonds or other debt by the District, the District agrees to issue and the Developer agrees to accept a promissory note in a form mutually acceptable to the parties. Such promissory notes may be redeemed pursuant to such terms as may be established in the notes.

CONTRIBUTIONS. In connection with the issuance of the Bonds, the District may levy debt service special assessments to secure the repayment of Bonds. As may be described in more detail in assessment methodologies approved by the District, the Developer may request that such debt service special assessments be reduced for certain product types. To accomplish any such requested reduction, and pursuant to the terms of this Agreement, the Developer agrees to provide a contribution of infrastructure, work product and/or land based on appraised value, comprising a portion of the Project and to meet the minimum requirements set forth in the Assessment Report, if any. Any such contributions shall not be eligible for payment hereunder.

DEFAULT. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages and/or specific performance. Any default under an applicable trust indenture for the Bonds caused by the Developer and/or its affiliates shall be a default hereunder, and the District shall have no obligation to fund the capital improvement plan in the event of such a default. Notwithstanding the foregoing, neither the District nor the Developer shall be liable for any consequential, special, indirect or punitive damages due to a default hereunder. Prior to commencing any action for a default hereunder, the party seeking to commence such action shall first provide written notice to the defaulting party of the default and an opportunity to cure such default within 30 days.

ATTORNEYS’ FEES AND COSTS. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, or appellate proceedings.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Developer.

AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Developer; both the District and the Developer have complied with all the requirements of law; and both the District and the Developer have full power and authority to comply with the terms and provisions of this instrument.

NOTICES. All notices, requests, consents and other communications under this Agreement (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, at the addresses first set forth above. Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. 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 District and counsel for the Developer may deliver Notice on behalf of the District and the Developer, respectively. 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.

ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Developer as an arm’s length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Developer.

THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Developer and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement.  Nothing in this Agreement expressed or implied is

intended or shall be construed to confer upon any person or corporation other than the District and the Developer any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Developer and their respective representatives, successors, and assigns.

Notwithstanding the foregoing, the Trustee, acting at the direction of the bondholders owning a majority of the aggregate principal amount of the Bonds then outstanding, shall have the right to directly enforce the provisions of this Agreement. The Trustee shall not be deemed to have assumed any obligations under this Agreement. This Agreement may not be assigned or materially amended without the consent of the Trustee, acting at the direction of the bondholders owning a majority of the aggregate principal amount of the Bonds then outstanding, which consent shall not be unreasonably withheld.

ASSIGNMENT. Neither the District nor the Developer may assign this Agreement or any monies to become due hereunder without the prior written approval of the other.

APPLICABLE LAW AND VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Each party consents that the venue for any litigation arising out of or related to this Agreement shall be in Orange County, Florida.

PUBLIC RECORDS. The Developer understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records and treated as such in accordance with Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred by sovereign immunity or by other operation of law.

HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement.

COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but 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.

[THIS SPACE INTENTIONALLY LEFT BLANK]

WHEREFORE, the parties below execute the Acquisition and Advanced Funding Agreement to be effective as of the     _ day of September, 2021.

MIDTOWN IMPROVEMENT DISTRICT

By:	 Its:  	

LAKE NONA LAND COMPANY, LLC, a Florida
limited liability company

By:	 Its:  	

Exhibit A:	Engineer’s Report and Capital Improvement Project dated July 7, 2021

EXHIBIT A

ENGINEER’S REPORT AND CAPITAL IMPROVEMENT PROGRAM

MIDTOWN IMPROVEMENT DISTRICT

July 7, 2021

FOR

MIDTOWN IMPROVEMENT DISTRICT ORLANDO, FLORIDA

BY:

DONALD W. McINTOSH ASSOCIATES, INC.
2200 PARK AVENUE NORTH WINTER PARK, FL 32789

ENGINEER’S REPORT AND CAPITAL IMPROVEMENT PROGRAM

MIDTOWN IMPROVEMENT DISTRICT

BACKGROUND
The MIDTOWN IMPROVEMENT DISTRICT (District) was established under City of Orlando Ordinance No. 2021-33 adopted by the City Council with an effective date of June 28, 2021. It is located on approximately 389 acres of land. As of the date of this report, all real property located within the District is owned by Lake Nona Land Company, LLC, who will act as the Master Developer (Developer) of the property, and affiliated entities. The District has been created as a unit of special-purpose government to construct, acquire, finance and maintain certain necessary public infrastructure improvements as described herein. This Engineer’s Report and Capital Improvement Program (Report) has been prepared at the request of the District.

The District is generally located east of Boggy Creek Road, south of State Road 417 (the “Central Florida Greeneway”), west of Narcoossee Road, and north of the Orange/Osceola County boundary in the City of Orlando, Florida. The District is one of five improvement districts within the Lake Nona Development. Attached Exhibit “A” depicts the boundaries of all five districts. The lands within the District are currently encompassed within the Lake Nona Planned Development (PD) as approved by the City of Orlando. A map of the entire Lake Nona development is included as Exhibit “B.”

The Capital Improvement Program (CIP) included herein reflects the proposed improvements within the currently approved District boundary, which will be discussed later in this Report.

F:\Proj2021\21505\ENGadmin\Prod\Engineer's CIP Reports\2021\Engineer's Report 070721.docx

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As represented by the Developer, the currently contemplated Master Plan represents development of public infrastructure improvements to support a development program of approximately:
1,608,000 sq. ft. of retail, restaurant and other non-residential uses;
3,500 residential dwelling units; and
community amenities and recreational facilities
Minor revisions to the currently contemplated development program can be implemented if consistent with the City-approved Planned Development. Ultimate build-out is presently expected to occur over an estimated period of ten (10) years.

OBJECTIVE
This Report has been prepared to assist with the financing and construction of various necessary public infrastructure improvements contemplated to be constructed, acquired and/or installed to provide safe and adequate access, utilities, etc. within the District. This Report presents a narrative description of the major components included within the infrastructure systems and current Engineer’s opinions of probable costs for completing the District-related improvements necessary to support the development of the lands located within the District. The CIP is currently anticipated to be implemented in a single phase and includes:

Centerline Drive Extension (Segment A) - a ±1,100-foot long 2-lane roadway extending from Nemours Parkway to Tavistock Lakes Boulevard
Centerline Drive Extension (Segment B) - a ±1,120-foot long 2-lane roadway extending from Tavistock Lakes Boulevard to Laureate Boulevard

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Centerline Drive Extension (Segment C) - a ±1,215-foot long widening of an existing 2-lane roadway (formerly Hartwell Court) extending southward from Laureate Boulevard along the eastern boundary of the VA Hospital
Centerline Drive Extension (Segment D) - a ±1,200-foot long 2-lane roadway extending southward from southern terminus of Segment C, across pond SMA 11-A to the northern terminus of existing Centerline Drive (Segment E)
Centerline Drive Extension (Segment F) - a ±950-foot long 2-lane roadway extending southward from southern terminus of Segment E, beyond which the roadway will be extended to Boggy Creek Road by the Poitras East Community Development District
Turn lane improvements and traffic signal improvements at the intersections of Centerline Drive with Laureate Boulevard and Tavistock Lakes Boulevard

The CIP reflected in this Report represents the present intentions of the Developer and the District. The implementation of any CIP components discussed in this plan requires final approval by many regulatory and permitting agencies including the City of Orlando. The actual improvements described herein may vary from the CIP discussed in this Report. If additional improvements not described herein are identified, this Report may be amended to reflect such additional improvements.

Engineer’s opinions of probable costs contained in this Report have been prepared based on the Engineer’s opinion and interpretation of the best available information at this time. The actual costs of construction, engineering design, planning, approvals and permitting may vary from the cost opinions presented herein.

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TRANSPORTATION IMPROVEMENTS
There are currently three (3) major east-west collector roadways running through or adjacent to the District boundary, including Nemours Parkway, Tavistock Lakes Boulevard and Laureate Boulevard. Additionally, the District’s western boundary abuts Lake Nona Boulevard. The proposed roadway improvements within the District include approximately five thousand six hundred (5,600) linear feet of 2-lane roadway known as Centerline Drive, which will provide north-south interconnectivity with the existing east-west collector roadways and access to future residential, commercial, and support development within the District.

The primary roadway infrastructure includes that necessary to provide safe and adequate access to the lands within the District. A graphic depiction of the primary roadway infrastructure is set forth in Exhibit “C.”

Centerline Drive will be a public roadway and is proposed to be constructed using asphalt concrete surface with curb sections and sidewalks. Portions of this roadway will have on-street parking, asphalt trails and/or bicycle paths, and landscaped parkways and/or medians. The District-constructed roadway will ultimately be owned, operated and maintained by the City of Orlando; however, the District will maintain the landscaping and irrigation within the City rights- of-way.

In addition to roadways, the District also intends to undertake improvements that will facilitate enhanced and/or alternative mobility solutions, including but not limited to shared mobility lanes, dedicated rights-of-way, recovery zones for user equipment repairs, rest and hydration, a head-end mobility hub, sheltered waiting areas, upgrading of existing pedestrian and bicycle paths, naturally shaded and streetscaped environments, wayfinding, etc.

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The Developer has obtained approval for funding under the BUILD (Better Utilizing Investments to Leverage Development) Transportation Discretionary Grant program, which may help to offset some costs that would normally be expected to be borne by the District; however, the potential effect of BUILD Grant funding has not been factored into the estimated costs included in this report. The Developer is also pursuing potential transportation impact fee credits that may be available to offset the costs of transportation infrastructure; however, the applicability and amount are uncertain so they have not been factored into the estimated infrastructure costs included in this report.

An allowance has been included for the cost to acquire the right-of-way required to construct the necessary roadway improvements. The actual value of the right-of-way will be determined by appraisal and approved by the District’s Board of Supervisors prior to acquisition at a cost not to exceed the appraised value. For the purposes of this report and based on guidance from the Developer, the District’s monetary cost for right-of-way is assumed to be
$75,000.00 per acre and is utilized for the estimates presented herein.

POTABLE WATER, RECLAIMED WATER, & SANITARY SEWER FACILITIES
The potable water distribution system for the District will include a potable water main extension that connects to the Orlando Utilities Commission (OUC) water mains in Nemours Parkway, Tavistock Lakes Boulevard and Laureate Boulevard. Distribution mains will run generally within the primary roadway corridor described above with the objective that the potable water distribution system will serve as a source of potable water and fire protection water for all of the development within the District. The potable water facilities constructed

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by the District will ultimately be owned, operated and maintained by the Orlando Utilities Commission.

The reclaimed water distribution system for the District will include a reclaimed water main extension that connects to the City of Orlando reclaimed water mains in Nemours Parkway, Tavistock Lakes Boulevard and Laureate Boulevard. Like the potable water mains, the reclaimed water distribution mains will run generally within the primary roadway corridor described above with the objective that the reclaimed water distribution system will ultimately serve as a source of non-potable (irrigation) water for all of the development within the District. The District will only fund the operating cost of providing reclaimed water to District-owned common areas and landscaped right-of-way areas. The reclaimed water facilities constructed by the District will ultimately be owned, operated and maintained by the City of Orlando.

The sanitary sewer system for the District will include gravity sewer mains that discharge to the City of Orlando sanitary sewer collection systems in Nemours Parkway and Laureate Boulevard. The gravity sewer mains will run generally within the primary roadway corridor described above with the objective that the sanitary sewer collection system will convey wastewater from development within the District to the City of Orlando’s existing pumping, transmission and treatment systems. These sanitary sewer facilities, along with contributing gravity sewer collection systems constructed by the Developer, will act as the wastewater collection systems for all development within the District. The sanitary sewer facilities constructed by the District will ultimately be owned, operated and maintained by the City of Orlando.

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ELECTRICAL DUCT BANK AND STREET LIGHT CONDUIT
The infrastructure roadway corridor will accommodate a plastic pipe duct bank system and plastic pipe streetlight conduits, manholes and pull boxes. This duct bank system and conduit network will enable the efficient distribution of electric power provided by Orlando Utilities Commission (OUC) to the development, including power to the streetlights. The proposed duct bank system will run within the rights-of-way or easements established for the primary roadway corridor and be placed as part of the initial roadway construction to significantly limit the amount of disruption required to provide these needed services as development progresses. Street light conduit and the street light network are also intended to be completed concurrent with the roadway construction. These duct bank and conduit systems are included in the CIP. The electrical duct banks and conduits constructed by the District will ultimately be owned, operated and maintained by the Orlando Utilities Commission.

STORMWATER MANAGEMENT AND DRAINAGE FACILITIES
To enable construction of the public infrastructure improvements required to support the District, a site-wide master stormwater management system has been and will continue to be implemented. This master stormwater management system consists of a series of surface water retention/detention ponds enabling treatment and attenuation of stormwater runoff from development within the District. The surface water retention/detention ponds have historically been constructed by the Developer; therefore, this CIP does not include costs for those improvements. Drainage works consisting of roadway inlets, collector pipes, manholes, outfall pipes, etc. to be constructed within the proposed infrastructure roadways will collect stormwater runoff and convey it to the master stormwater management system. These drainage

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Engineer’s Report and Capital Improvement Program Page 8

improvements are included in this CIP and are identified as “Drainage Works” in the estimates that follow.

At present, no allowance is included in the attached estimates for acquisition of the retention/detention stormwater management area tracts (real estate) required to construct the necessary master stormwater management improvements given the current understanding that the ponds are owned, operated and maintained by the Developer. Discussions are ongoing regarding the ultimate ownership, operation and maintenance of the stormwater retention/detention pond system, which may ultimately be by the District, the City of Orlando, the Developer or applicable owners’ association(s).

RECREATION FACILITIES AND AMENITIES
One of the major components of creating a community is the implementation of special common area and recreation facility improvements. The proposed development plan for the project includes the creation of several special amenities and “places,” which will help create a sense of community. These areas include park facilities and select land clearing and wetland edge cleaning. The District fully supports an elevated level of quality throughout the Lake Nona PD; however, the CIP does not anticipate District funding of recreational facilities or amenities beyond the District’s intent to incorporate upgraded street sign poles, upgraded street lighting, and enhanced streetscaping, including community identification monuments. All other recreational facilities and/or amenities are anticipated to be funded by the Developer or their successor in title. However, the District may accept such facilities for ownership, operation and maintenance once constructed.

Midtown Improvement District
Engineer’s Report and Capital Improvement Program Page 9

DESIGN/PERMITTING AND CONTINGENCY
Estimated soft costs associated with the CIP are included in the Opinion of Probable Costs included herein. These include but are not limited to:
design/engineering/permitting;
land surveying;
legal consulting;
environmental consulting;
regulatory permitting;
materials testing;
as-built surveying; and
observation during construction to assure the site is constructed as designed and maintained in a safe and secure manner until sufficient infrastructure is in place to allow for dedication to the appropriate jurisdictional or regulatory agency.

A project contingency estimate has also been included.

COST ESTIMATES FOR DEVELOPMENT IMPROVEMENTS
A summary of the Engineer’s Opinion of Probable Costs is provided as Table 1. A listing of the entities expected to receive the dedication of various improvements along with the entities expected to assume responsibility for operation and maintenance of the facilities is provided in Table 2.

The opinions of probable costs provided in this Report represent only those facilities to be designed, constructed, and/or installed by the District. Costs are based upon the Engineer’s opinion and interpretation of the best available information; however, costs will vary based on final site planning, final engineering, approvals from regulatory agencies and economic factors.

In our opinion, the estimated costs identified herein are reasonable and sufficient for the design, construction and/or installation of the CIP.

TABLE 1
MIDTOWN IMPROVEMENT DISTRICT ENGINEER’S OPINION OF PROBABLE COST July 7, 2021

Total District Capital Improvement
Component	Program

Roadway Construction	$5,400,000
Potable Water	$1,000,000
Sanitary Sewer	$1,400,000
Reclaimed Water	$700,000
Duct Bank Undergrounding/Street Lights	$1,500,000
Drainage	$2,400,000
Landscape and Irrigation	$1,900,000
Soft Costs	$1,600,000
$15,900,000

The estimated cost of Roadway Construction includes estimated cost of right‐of‐way acquisition, subject to an MAI appraisal and Board approval.
An allowance for wetland mitigation costs is included in the estimated cost of Roadway Construction.
Improvements identified in the Capital Improvement Plan, whether they are identified within the "Initial Phase Improvements" or the "Proposed Future Improvements" in the chart above, may be financed with proceeds of any series of Bonds or other available capital, subject to Board approval.
This opinion of probable cost represents the Engineer's judgment as a design professional and is supplied for the general guidance of the District. The Engineer has no control over the cost of labor and material, competitive bidding or market conditions. While it is the Engineer's opinion that the costs identified herein are reasonable and sufficient for the design, construction and/or installation of the CIP, the Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the District.

TABLE 2
MIDTOWN IMPROVEMENT DISTRICT OWNERSHIP, OPERATION & MAINTENANCE SUMMARY
July 7, 2021

DISTRICT CONSTRUCTED
SYSTEM	OWNERSHIP	OPERATION AND MAINTENANCE ENTITY	
Public Roadways	City of Orlando	City of Orlando	
Potable Water	Orlando Utilities Commission	Orlando Utilities Commission	
Sanitary Sewer	City of Orlando	City of Orlando	
Reclaimed Water	City of Orlando	City of Orlando	
Electrical Duct Bank/Street Lights*	Orlando Utilities Commission	Orlando Utilities Commission	
Drainage Works	City of Orlando	City of Orlando	
Common Areas / Landscaping	District / City of Orlando	District / City of Orlando	
*It is anticipated that the Orlando Utilities Commission will install, own, operate and maintain street lights under a lease agreement with the District.

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Midtown Improvement District

Landscape Agreement with Cepra

AGREEMENT BETWEEN THE MIDTOWN IMPROVEMENT DISTRICT AND CEPRA LANDSCAPE LLC, REGARDING THE
PROVISION OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES

This Agreement is made and entered into as of this       day of	, 2021, by and between:

Midtown Improvement District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of Orlando, Florida, whose address is 3501 Quadrangle Blvd., Suite 270, Orlando, Florida 32817 (“District”) and

Cepra Landscape LLC, a Florida corporation, whose address is P.O. Box 865, Oakland, Florida 34760 (hereinafter “Contractor”).

RECITALS

WHEREAS, the District was established by ordinance of the City Council of the City of Orlando, Florida, for the purpose of financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging or extending, equipping, operating, and maintaining systems and facilities for certain infrastructure improvements; and

WHEREAS, the District has a need to retain an independent contractor to provide landscape and irrigation maintenance services on certain lands that are located within and around the District, described in Exhibit "A"; and

WHEREAS, Contractor submitted a proposal, attached as Exhibit "B," and represents that it is qualified to serve as a landscape maintenance contractor and provide such services to the District; and

WHEREAS, Contractor was selected by the District as the most responsive and responsible proposer; and

Now, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Agreement.

DESCRIPTION OF WORK AND SERVICES.

The District desires that the Contractor provide a high quality level of professional landscape and irrigation maintenance services within presently established standards. Upon all parties signing this Agreement, the Contractor shall provide the District with the specific services identified in this Agreement.

While providing the services identified in this Agreement, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the services.

The Contractor shall provide the specific professional services as shown in Paragraph Three (3) of this Agreement.

SCOPE OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES. The duties, obligations, and responsibilities of the Contractor are to be performed as described in the Scope of Services, which is incorporated by reference as a material part of this Agreement in Exhibit “C”, “D” and “E”. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District.

MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake work and/or perform such services as specified in this Agreement or any addendum executed by the Parties or in any authorized written work order by the District issued in connection with this Agreement and accepted by the Contractor. All work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards. The performance of all services by the Contractor under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.

Should any work and/or services be required which are not specified in this Agreement or any addenda, but which are nevertheless necessary for the proper provision of services to the District, such work or services shall be fully performed by the Contractor as if described and delineated in this Agreement.

The Contractor agrees that the District shall not be liable for the payment of any work or services unless the District, through an authorized representative of the District, authorizes the Contractor, in writing, to perform such work.

The District shall designate in writing a person to act as the District's representative with respect to the services to be performed under this Agreement. The District's representative shall have complete authority to transmit instructions, receive information, interpret and define the District's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor's services.

The District hereby designates Scott Thacker to act as its representative in matters related to this Agreement.

The Contractor and the District's representative shall tour the property within fourteen (14) days of the notice of award to: evaluate the conditions of the shrubs, trees and grass; assess the condition of the irrigation system; and record/document any deficiencies that may exist. Contractor shall provide a proposal to correct any deficiencies found.

The Contractor agrees to meet with the District's representative no less than four
times per month. The Contractor also agrees to walk the property to discuss conditions, schedules, and items of concern regarding this Agreement a minimum of one (1) time per month or as often as the District deems it necessary.

(4)      The District Representative may appoint an employee or employees which are under his direct supervision to act as an alternate representative as may be required during on site meetings.

In the event that time is lost due to heavy rains ("Rain Days"), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the time during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days, but shall not provide services on Sundays.

Contractor shall use all due care to protect the property of the District, its residents, and landowners from damage. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

COMPENSATION; TERM.

As compensation for services described in this Agreement, the District agrees to pay the Contractor in monthly payments of $8,508.04 (Eight Thousand Five Hundred Eight Dollars and Four Cents) for the previous month's work. Work shall commence on or about October 1, 2021, and end September 30, 2022. In the event this Agreement is terminated pursuant to Section 14 herein, payment will be prorated for the payment period during which termination becomes effective.

If the District should desire additional work or services, or to add additional lands to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the Parties shall agree in writing to an, addendum, addenda, or change order to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the Parties and agreed to in writing. No additional services shall be provided by the Contractor unless done at the direction of the District.

The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, material men, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial Waivers of Lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees. Any subcontractors proposed to be used by Contractor are subject to approval by the District, which approval maybe withheld in the District's sole discretion.

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. These monthly invoices are due and payable within forty-five (45) days of receipt by the District. Each monthly invoice will include such supporting information as the District may reasonably require the Contractor to provide.

INSURANCE.

The Contractor shall maintain throughout the term of this Agreement the following insurance:

Worker's Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance covering the Contractor's legal liability for bodily injuries, with limits of not less than $1,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors’ operation.

Employer's Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease.

Automobile Liability Insurance for  bodily injuries in limits of  not less than
$1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants, representatives and supervisors and Donald W. McIntosh Associates, Inc. shall be named as an additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage’s, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have an A.M. Best’s Insurance Reports rating of at least A- VII.

If the Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District's obtaining the required Insurance.

PERFORMANCE BOND. The Contractor shall provide a performance bond in the amount of
$150,000.00 (One Hundred and Fifty Thousand Dollars and No Cents) to ensure that plants, trees or grass that die or deteriorate due to horticultural practices or deficiencies in landscape, irrigation or pesticide management and maintenance rendered under this agreement are replaced within forty-five (45) days of notification by the District. The performance bond shall be issued by a reputable company, licensed to conduct business in the State of Florida, and such issuer shall have an A.M. Best’s Insurance Reports rating of at least A-VII.

INDEMNIFICATION.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs,

arbitration and/or mediation costs, litigation expenses, attorney fees, and paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

Contractor agrees to indemnify and hold harmless the District and its officers, supervisors, agents and employees and the District Representative from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) clays of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or material men, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District's property free from any material men’s or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor's performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving notice of termination.

DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A default by either Party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District's right to protect its rights from interference by a third party to this Agreement.

CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.

SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

TERMINATION. The District agrees that the Contractor may terminate this Agreement with or without cause by providing one hundred and eighty (180) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The District may terminate this agreement without cause by providing thirty (30) days written notice. Upon any termination of this Agreement, the Contractor shall be entitled to payment for work and/or services rendered up until the effective termination of this Agreement, an amount prorated in accordance with Section 5(A) of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

PERMITS AND LICENSES. All permits and licenses required by any governmental agency directly for the District shall be obtained and paid for by the District. All other permits or licenses necessary for the contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such prior written approval shall be void.

INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees, subcontractors, material men or suppliers, of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by anyone or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the District and the Contractor relating to the subject matter of this Agreement.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument.

NOTICES. All notices, requests, consents and other communications under this Agreement (“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 the District:	Midtown Improvement District Attn: Jennifer Walden
3501 Quadrangle Blvd., Suite 270
Orlando, Florida 32817

With a copy to:	Hopping Green & Sams, P.A. Attn: Tucker Mackie
119 South Monroe Street, Suite 300
Tallahassee, Florida 32314

With a copy to:	Berman Corp
Attn: Scott Thacker, Director 721 W. Verona Street Kissimmee, Florida 34741

If to the Contractor:	Cepra Landscape LLC
P.O. Box 865
Oakland, Florida 34760 Attn: Rob Maier

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. 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 District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor. 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.

THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

CONTROLLING LAW. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida.

EFFECTIVE DATE. This Agreement shall be effective after execution by both the District and the Contractor, and shall remain in effect for a term of one (1) year unless terminated by either of the District or the Contractor.

PUBLIC RECORDS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Jenifer Walden (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 723-5900, WALDENJ@PFM.COM, AND 3501 QUADRANGLE BLVD.,
SUITE 270, ORLANDO, FLORIDA 32817.

SEVERABILITY. The invalidity or unenforceability of anyone or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. The District and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

E-VERIFY. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, beginning January 1, 2021, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security’s E- Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the Work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not

employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request.

In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

COMPLIANCE WITH SECTION 20.055, FLORIDA STATUTES. The Contractor agrees to comply with Section 20.055(5), Florida Statutes, to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant such section and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

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

Attest:	MIDTOWN IMPROVEMENT
DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

CEPRA LANDSCAPE LLC,
a Florida corporation

By:  	
(Signature of Witness)	Its:	 (Print Name of Witness)
Exhibit A	Map of Areas to be Maintained Exhibit B	Contractor’s Submitted Proposal
Exhibit C	Scope of Services, Landscape Maintenance Cultural Practices Exhibit D	Emergency Preparedness Plan
Exhibit E	Freeze Protection Plan

EXHIBIT A
MAP OF AREAS TO BE MAINTAINED

EXHIBIT "2"

•am
LHDSCAPE AAQ,mD C<ISTINC
urr STATION TRACTS IHd.UDED.

LEGEND
D	AREA OF LANOSCAPE/IRRIGATION MAINTENANCE

NOTE:
BIDDER IS RESPONSIBLE TD CHECK, MEASURE AND CONFlRl.t ALL QUANllES PRIOR TO SUBMITTING THEIR PROPOSAL	
11111DONALD  W.  MclNTOSH  ASSOCIA"TES,  INC.
-IN....E.NQINWE:EltS  E...-PLA-NN-ER$    - SUR\.£\'ORS
,!':2(111 A'.tK A'DI-E l'llffll, ..	P'IAI, FlJIID\ U:W (41t1) Mf-4/llll	MIDTOWN
IMPROVEMENT DISTRICT	
	LANDSCAPE & IRRIGAllON
MAINTENANCE SERVICES Y,ORK	
-	lt:'?1'21	..,,. @{21(?1	,-.,- 9/ttb:I		
				AREA 2 MAP	

EXHIBIT "J"

•am
LHDSCAPE AAQ,mD C<ISTINC
urr STATION TRACTS IHd.UDED.

LEGEND
D	AREA OF LANOSCAPE/IRRIGATION MAINTENANCE

NOTE:
BIDDER IS RESPONSIBLE TD CHECK, MEASURE AND CONFlRl.t ALL QUANllES PRIOR TO SUBMITTING THEIR PROPOSAL	
11111DONALD  W.  MclNTOSH  ASSOCIA"TES,  INC.
ENQNE:EltS	PLANNER$	SUR\.£\'ORS
,!':2(111 A'.tK A'DI-E l'llffll, ..	P'IAI, FlJIID\ U:W (41t1) Mf-4/llll	GREENEWAY IMPROVEMENT DISTRICT
LANDSCAPE & IRRIGATION
MAINTENANCE SERVICES Y,ORK	
-IN.	IWE... -	--	-		
			AREA 3 MAP	

EXHIBIT B PROPOSAL

CEPRR
LANDSCAPE

Exhibit 8

Greenway Section 2 (Midtown)

Base Maintenance Services (Monthly Costs)

Area	Landscape Mana    ment	Horticulture Services		Total	
					
Midtown Section 2	$5,644.38	inc		$5,644.38	
				$0.00	
				$0.00	
				$0.00	
				$0.00	
Base Monthly Costs	$5,644.38	//VALUE!	llVALUEI	$5,644.38	

Annual Base Maintenance Cost

ss1.132.50

Additional Services Included In Contract

I	Area		MUICO				AnOUOIS		t-"01m 1-'rtJn1nq	Misc. :::>erv1ces	
					
	Type Freq	Oty	Cost	Freq.  Oty	Cost	Freq	Oty	Cost	req.  Oty	Cost	
	inc	inc	inc		
					
Total	0		50.00	0	S0.00	0	$0.00	S0.00	

Total Additional Services
Total Annual Cost Total Monthly Cost

s0001

$67.732501

$5,644.381

I of I

=·c·c.··.	C E	1""'11""1R

Exhibit 8

I

r-"
LANDSCAPE

Greenway Section 3 (Midtown)

Bose Maintenance Services (Monthly Costs)

Area	Landscape Mana  ment	Horticulture Services		Total	
Midtovm	$375.00	inc		$525.00	
				$0.00	
				$0.00	
				$0.00	
				$0.00	
Base Monthly Costs	$375.00	1/VALUEI	$150.00	$525.00	

Annual Base Maintenance Cost

$6,300.00

Additional Services Included In Contract

I	Area	MUICO	AnOUOIS	t--'a1m vrunmq	Misc. ::,erv1ces	

Total	Type Freq. Oty	Cost	Freq Oty	Cost	Freq		Oty	Cost	req. Oty	Cost	
	I	2	20

20	Sl920.00

5l920.00	4	300

300	$2,344.00

$2,344.00		

0		inc

50.00	

$0.00	

Total Additional Services
Total Annual Cost Total Monthly Cost

S4.264.001

$10,564001

 	$880331

I of I

Exhibit C

MIDTOWN IMPROVEMENT DISTRICT

LANDSCAPE MAINTENANCE STANDARDS

Landscapes in the Midtown Improvement District (District) have been designed to complement the architectural character of the buildings and to be attractive to guests. The landscape maintenance standards outlined herein are intended to keep the properties in excellent condition and maintain the overall design intent. Landscapes that are poorly  maintained  will  distract  from  the guest  experience.  These standards are  intended  to comply with City of Orlando ordinances, but in the event of a discrepancy, city ordinances will supersede.

Landscapes and hardscapes shall be maintained in a fashion that is considered “Clean, Green, and Well Defined” Clean means that all parking lots, walkways, entrances, beds, and turf areas are free of weed, litter, and debns. Green means that all turf and plant material is healthy, fertilized as appropriate, and pest free. Well Defined means that all parking lots, walkways, beds, and turf edges are clearly defined. Mulch is applied to a proper depth. Annual color is used in high impact areas to enhance appearance.

General Guidelines
All landscapes and hardscapes shall be maintained in a neat and clean manner. This is critical to the ability to attract and retain desired customers. Landscapers should have a “better than best” mindset when performing their work.
All landscape personnel shall wear professional uniforms Personal Protective Equipment, including but not limited to reflective vests, eye protection, and hearing protection shall be utilized at all times in accordance with applicable OSHA requirements.
All equipment and vehicles utilized by landscapers shall be maintained in good condition, includmg
appearance. Vehicles are to be kept clean and presentable and contain the vendor’s name and contact
information.
Landscape work shall be performed on days and times that are appropriate and do not interfere with activity at the site. Noisy work (mowing, edging, trimming) adjacent to residential areas is to be performed after 9:00am. Noisy work adjacent to commercial buildings is to be completed before 8:00am.
Service for large turf areas shall be performed in sections. On roadways, each section is defined as
the area between each intersection. It is unacceptable for the mower to move on to another section if the edges have not been trimmed and hardscapes have not been blown. This will ensure a clean and crisp look at all times.
Each section shall be policed for trash during each service. Trash and debris shall be collected and
discarded off-site. Discarding into trash containers on the property is not permissible.
A Landscape Log shall be maintained to record all work performed including routine service, pruning, applications of fertilizer and pest control, irrigation repairs, and project work. This log is to be submitted monthly to the District using a form approved by the District.
Contractor shall walk the property with the District as requested. Initially this will be weekly. Frequency of walks may be reduced for a given site once the Contractor is established and performing well. Deficiencies noted during these walks shall be completed prior to the next scheduled walk.
Proposals for improvements/additional services requested by the District shall be submitted within
3 business days.
Contractor shall have staff available for after-hours emergencies and provide a 24/7 contact number.
Contractor Warranty: Contractor shall warrant all plant material including grass, annuals, shrubs, trees, etc. for the duration of the contract, except for plants that are identified as declining in the Baseline Landscape Evaluation. Contractor is responsible for providing proper maintenance to ensure healthy plants that meet specifications.

i cm

Baseline Evaluation
At the commencement of all new landscape contracts, the Contractor shall prepare a Baseline Landscape Evaluation and Assessment for the area included in their scope of work.
Photo documentation illustrating existing conditions. 1i. Inventory of all dead and declining plant material.
Evaluation of all components of irrigation systems.
Evaluation of ponds (if applicable).
Detailed report that includes observations, recommendations, and cost estimates for all recommendations.
Mowing
Prior to mowing on individual properties, remove and dispose of litter and downed branches from all landscape areas. Contractor is not responsible for removal of excessive stonn debris such as that from a named tropical event as part of this contract.
Mowing shall be in a manner consistent with landscape maintenance industry standards that ensures smooth surface appearance without scalping or leaving any uncut grass. Where possible, alternate mowing patterns.
Turf areas shall be mowed weekly during the growing season from April I" through October 3 I 11 and bi-weekly during the non-growing season from November lot through March 31•1• Based on this schedule, Contractor shall perform approxnnately 42 mowmg cycles per year. Seasonal adjustments may be necessary based on weather conditions and types of grass. Bennuda shall be mowed twice per week during the growing season to maintain proper height. Bennuda shall also be mowed twice per week during winter months if overseeded with rye. St. Augustine ProVista shall be mowed every other week during the growing season and once a month during the winter.
No more than 1/3 ofthe leaf blades should be removed during each cutting. Turf shall be maintained at the recommended height as indicated in lhe chart below

--

Reel

Rotaiy
Rotary Rot,
Floratam

imal Mowing Height (inches)

0.5-1.5

Bahia	3.0-40
Bennuda St. Augusline -

     Floratam	 St. Augusline •

3.5-4.0

ProVista

1	3.5.4_0•	I

 	Zovsia	I	2.0-2.5	I
•ProVista is a slow 11.rowin11v. ariety that should be mowed half as often as

At the completion of each mowmg operation, turf areas shall be free from grass clippings. Mulching type mowers are pennitted, but if clumping occurs, clippings shall be removed from the mowed area by the end of each service day Discharging grass clippings into beds and lree rings is unacceptable and any visible clippings discharged into these areas shall be removed by the end of each service day.
Debris generated from mowing operations shall be removed and all areas left in a clean condition before moving onto lhe next zone.
If weather conditions prevent mowing on the schedule day, mowing shall be completed the following day. Mowing during inclement weather will not alleviate Contractor of responsibility for damage caused by the mowing of wet areas.
Edging & Trimming
Mechanical edging of turf shall be completed during each mowing service. Edgmg shall include around sidewalks, curbs, utility boxes, planting beds, and tree rings.
Chemical edging is not pennitted.

Turf edges shall be maintained with even and clean 90-degree edges. Care should be taken to maintain bed edges as designed in either straight or curvilinear lines. Series of intentional identical beds shall be maintained so that the visual appearance is consistent.
Weed eat to match mowing height. String-type trimmers shall not be used within 12 inches of trees, palms, landscape plantings, light poles and signs.
Debris generated from edging & trimming operations shall be removed and all areas left in a clean
condition before moving onto the next zone.
Tree rings shall be 36" minimum diameter for canopy trees and 12" diameter for palms. Turf edge along beds shall be 12" from shrubs. Over time as the shrubs mature, reduce the turf area rather than sheering the shrubs. Turf edges along annual beds shall be 6" from annuals.
Blowing
All hardscapes and landscapes shall be maintained free from turf chppings, sand, seeds, seed pods, dates, pine cones, palm boots, palm fronds and other debris. This includes sidewalks, stairs, roadways, parking lots, curbs, utility boxes, planting beds, and tree rings.
Blowing should  be  performed  in  conjunction  with  mowing  and  trimming  operations.  It 1s
unacceptable to wait until the end of the day to blow areas that were mowed and trimmed.
Areas sensitive to noise and blowing debris shall be hand swept rather than blown. Examples include areas with proximity to restaurants, building entrances, pools, and special event setups.
Materials shall not be blown or placed into any storm water drain or body of water.
Care must be taken to prevent blowing debris onto vehicles or hardscape surfaces.
Irrigation
Irrigation is controlled by the District's Water Management Specialist This section outlines Contractor's responsibilities as it relates to irrigation.
8- Contractor is responsible for plant health and shall notify the District in writing if at any time irrigation schedules are inadequate or if other irrigation issues are present. Careful monitoring shall occur, especially in drought periods when reclaimed water pressure may be reduced by the utility provider.
Contractor is responsible for notifying the District in advance regarding new plantings and renovations to ensure proper irrigation schedule is updated.
Contractor is responsible for making repairs to irrigation systems and ensuring the systems are operational at all limes. Minor adjustments and repairs such as adjusting nozzles for proper coverage, raising & lowering of heads, nozzle cleaning and replacement, filter cleaning, and repairing small leaks is included in the contract. Small leaks that are included in the contract are defined as non-glued repairs such as tightening swing joints and threaded fitting. Other repairs are to be billed to the District according to the Schedule of Values. The District shall be notified prior to completing any repairs that will be in excess of $500. The District shall not be billed lo repalf damages caused by mowers and other landscape equipment and practices.
When Contractor becomes aware of breaks and leaks, needed repairs shall be made prior to the next run cycle. Mainline repairs must be completed within 24 hours. Photos documenting repairs shall accompany all invoices for mainline repairs.
Valve boxes shall remain tlush and level with grade. Damaged lids shall be replaced promptly.
Contractor shall have access to water trucks within 24 hours of request by the District, which ts billed according to the Schedule of Values.
If turf or plant materials interfere with proper water output after proper trimming, sprinkler heads
shall be adjusted. This may require raising or relocating heads which is included in the contract  It is unacceptable to remove or over-trim plant material.
As trees and plants grow, drip irrigation systems may require adjustment or removal to prevent girdling of roots. Contractor shall make recommendations to the District for these adjustments.
Whenever plant materials are replaced with different materials, irrigation needs shall be evaluated with appropriate adjustments  made. When changing beds from shrubs to turf, irrigation may need to be modified to ensure proper irrigation and prevent over-watering. Hydrozoning of irrigation shall be included in the cost of enhancement projects.

Beds
Preparation and Soil Quality
Contractor is responsible for plant health. It is recommended that soils shall be tested annually to identify pH level of soil and develop the appropriate treatment plan Soil amendments required to maintain healthy plants are the responsibility of the Contractor_
Annuals (Seasonal Color)
Flowering annuals shall be used to enhance the overall appearance ofproperttes. Annuals are lo be planted in key areas where an extra "pop" makes a high impact on guests.
11.  Annual beds included in the contract are marked on the site map. Contractor is responsible for measuring beds. Additional beds created after commencement of the contract shall be billed according to the Schedule of Values.
111. Seasonal change-outs shall occur 4 times per year and are included in the contract. Annuals should be replaced when they appear dead.
1v. Contractor guarantees the survivability and performance of all flower beds for a penod of 90 days. Annuals that fail to perform during this period shall be replaced immediately at the Contractor's expense.
Selection and color of annuals shall be approved by the District prior to installation.
Annuals shall be minimum 4" pots and shall be installed according to the spacing in the following chart:

January	Petunias	12"	
Januarv	Pansies	6"	
March	New Guinea Sunpatiens	12"	
July	New Guinea Sunoatiens	12"	
November	Poinsettias	10"	

vn. Mulch should not be added to annual beds, other than a light dusting of pine fines.
vm. Annually, prior to the spring change out, existing soil shall be removed to a depth of 6" in all annual beds and replaced with new beddmg soil consisting of 10% coarse sand, 25% pine fines, l 5% vermiculite, and 50% compost.
1x. Contractor shall maintain access to a reasonable supply of spare annuals to accommodate replacing amiuals damaged by vehicles. Beds that are damaged by vehicles shall be restored within 24 hours and billed according to the Schedule of Values.
Annual beds are to be maintained weed free at all times.
Declining blooms are to be removed immediately. Dead heading is included for all annuals deemed necessary by the District.
x11. Freeze protection plans shall be implemented as needed for all annual beds. Contractor shall be responsible for prompt replacement of annuals for failure to talce appropriate freeze protection measures.
Shrubs/Perennials
When pruning, current techniques and standards approved by the lntemational Society of Arboriculture shall be followed. Plants shall be selectively pruned to improve structure and health and to enhance flowering or appearance.
11. In general, shrubs are to be pruned with rounded edges to avoid creating a harsh boxed look. Exceptions are made where a squared hedge look is desired such as with podocaipus.
111. Where shrubs grow mto turf areas, it is expected that the turf edge be cut back to allow room for plants to grow, as opposed to shearing plants in an unnatural way.
Occasional harsh pruning to stimulate new growth 1s mcluded and shall be at the direction of the Distnct.
Dead plant materials shall be removed immediately and replaced within 5 working days. When replacing dead plants, consideration should be given to understanding why they died.
0	Prior to replacement, soil amendments and irrigation adjustments may be required and are

included in the contract. Recommendations for changing to a different type of plant material are welcome but must be approved by the Dis1rict. Plants shall be replaced according to the Schedule of Values.
v1. All vine type plants shall be trained and slaked according to design intent.
vii. Pruning shall occur as needed based on the specific plant varieties. This may range in frequency anywhere from annually to monthly. Pruning of flowering shrubs should be carefully timed to maximize blooming. Flowering shrubs should not be pruned until after the bloom cycle. Shrubs shall be maintained so that they are neat and clean at all times Certain varieties require hand pruning to prevent damage caused by mechanical pruners.
vm. Shrubs adjacent to structures, roadways, and sidewalks shall be pruned to maintain a clearance of 6" unless otherwise directed by the District.
ix.		Dead-heading shall be perfonned throughout the growing season to encourage further flowering.
Trees & Palms
All tree bracing systems shall be checked regularly and adjusted as needed to prevent girdling. Braces and cables should be loosened or removed when appropriate. Bracmg systems shall be removed after 12 months unless otherwise directed by the District Removal of tree bracing systems is included in the contract.
11. Pruning of trees and palms up to a height of 12 feel is to be perfonned as needed during regular weekly sernce. Pruning of palms in excess of 12 feet is to be performed minimum two times per year to remove seeds, dates, and brown fronds. All specimen palms shall be maintained such that snapped or brown fronds are removed during each weekly service
111.  The central leader/trunk shall be maintained and protected. No topping is pernutted.
Trees shall be pruned according to best practices for each variety. Street trees shall be maintained with a minimum seven-foot clearance from ground lo lower branches over sidewalks and fourteen-foot clearance over roads and must not impede clear site Imes and traffic clearance, including visibility of street signs_
Crape Myrtles shall be only lightly pruned Severe topping 1s not permitted except as directed by the District.
v1. Magnolias shall be only lightly pruned and canopies shall not be raised except as duecled by the District.
vu. Trees shall be pnmed when necessary to keep branches clear of buildings, lights, and signs.
Branches rubbing on buildings is not acceptable
viii. Dead and broken branches shall be removed as often as necessary so that trees appear neat at all times. Hanging branches such as those hit by large trucks shall be removed immediately.
1x. Palm fronds shall be removed when the frond is brown, Removing fronds prematurely can deprive the palm of nutrients and sntnt growth. Fronds shall be removed as close to the trunk as possible without damagmg the petiole base. Over-pruning ("hurricane cuts") of palms is not pennitted. Palm pruning consists of removal of all dead fronds, seedpods, and any loose boots.
Pruning of feature trees and other specimen plant material may only be perfonned after review and approval by a certified arborist.
All trees shall be main1ained free of suckers and water sprouts.
Trees shall be inspected regularly for disease and dead or damaged limbs and pruned accordingly to prevent further damage and potential injury to guests
Mulching
Standard mulch for most locations 1s natural shredded hardwood with no cypress content Pine straw shall be used on pond battle slopes. Pine fines shall be used in beds with Asiatic Jasmine or similar ground cover which shall be mulched lightly. All mulch for each cycle shall be supplied from the same source to ensure consistent appearance.
11.  Mulch shall be added to all beds two times each year with a thickness of 1-1/2".

m. Mulch shall be maintained 3" thick except around the base of trees and shrubs. Mulch should be kept 6" away from the base of trees.
1v. Mulch shall not be added to annual beds except for a light dusting of pine fines to help with weed control.
v. Removal of existing mulch build-up is not included in the contract, but is recommended every 3 years. Contractor shall submit a separate price for mulch removal and disposal.
8	Fertilization, Pest Control, and Weed Control
Contractor is responsible for the health of plants. Fertilization, pest control, and weed control shall occur at regular intervals based on specific needs of various plant materials. Contractor shall determine the most appropriate timing and formulas for applications, based on recommendations from the l.lF/IFAS Extension. Soil testing is recommended but are at the Contractor's discretion.
Fertilization shall occur at least quarterly for all plants.
Flowering shrubs shall be fertilized monthly when in bloom.
Special care must be taken to ensure the health of palms which are expensive to replace. Contractor shall implement a comprehensive treatment program to promote health and prevent disease and infestation.
Application plans shall be submitted to the District each month, outlining the schedule for the month and product details.
Fertilizers shall be removed from hardscapes prior to rain or irrigating.
Additional or modified fertilization may be necessary lo promote plant health and improve appearance. Fertilization rates should be adjusted to achieve healthy, mature, desirable growth, Fertilizers should only be applied when plants are actively growing.
All fertilizer applications are to be recorded in the Landscape Log and sent electronically to the District after each application.
Integrated Pest Management shall be implemented lo ensure the most effective and safest treatment is utilized. Special care is to be given in areas where children are likely to encounter pests and pesticides.
J_ Turfgrasses shall be inspected during each mowing service to identify early warning signs of pest and disease related issues. Treatment should occur immediately. Contractor is responsible for replacing turf that is damaged by pests, disease, or inigation problems.
When pruning trees and shrubs that are diseased, pruning tools shall be sterilized to isolate the spread of disease. At times, complete removal of a plant may be required to prevent spread of infection. Replacement options shall be recommended to the D1stnct.
All landscapes and hardscapes are to be kept free of weeds at all times.
Weeds are to be controlled by the most efficient method, which may include hand removal, mechanical removal, and/or chemical removal.
Chemical weed control should be used cautiously around plant material. Contractor shall be responsible for replacing damaged plants resulting from improper spraying and overspray due to windy conditions.
Herbicides are not to be used in windy weather when there is risk of damaging nearby plant materials.
Weeds shall be controlled in turf at all times. Pre-emergent and post-emergent herbicides should be used as appropriate.
All individuals engaged in commercial spraying shall be properly trained and have a valid pesticide applicator license issued by the Florida Department of Agriculture.
Contractor shall be responsible for replacement of plants that die as a result of improper application or lack of fertilizer, pest control, and weed control. Contractor shall not be held responsible to replace plants killed by diseases that are unpreventable.
Lighting
Lighting is essential for security and safety as well as highlighting landscape and architectural features. Plant vegetation shall be trimmed to prevent intrusion around lighting and signage.

Monthly night-time inspections shall be perfonned to identify lights that are blocked by vegetation. Deficiencies are to be promptly corrected. including ad1ustmg the angle of lights that have been bumped by lawn care equipment. Lights that are not functioning should be reported immediately to the District for repairs.
Lights that are damaged by Contractor shall be replaced at the Contractor's expense. I0. Emergency Response
Contractor shall recognize the District as a high priority client before and after emergency events such as hurricanes.
Pre-tropical weather event
1.     As soon as a tropical stonn watch or hurricane watch is issued for the area, all landscape related items on the property shall be secured.
11.  Ensure all weak (new) trees are properly staked and supported.
iii.  Prepare equipment and supplies to be able to respond to the site after the stonn.
Post-tropical weather event
Within 12 hours after a tropical storm warning or humcane warning expires, or when it is safe to do so, the site shall be assessed for damage and cleanup shall commence by the landscape Contractor. Damage to buildings and major damage lo the site shall be reported to the District immediately. Downed wires should not be approached and should be reported to the utility company immediately.
ii Contractor will be compensated on a time and materials basis for reasonable labor and supplies required to clean up the site and restore 1t to its proper appearance. TI1is includes but is not limited to collecting and disposing of debris, prunmg damaged trees and shrnbs, straightening trees and installing supports as needed, and sweeping parking lots Major expenses such as tree replacement shall be reviewed with the District prior to proceeding.

0

List of Appendices:
Fertilization Program.
Site plan showing defined boundaries of Contractor's scope
Schedule of Values for additional work outside the contract scope.

APPENDIX A 11MPROVEMENT DISTRICT
FERTILIZATION MATRIX

SHRUBBERY CANOPY TREES, PALMS, AND ORNAMENTAL GRASSEc;;

Type
8 - 2 - 12
8 - 2 - 12
8 - 2 - 12
8 - 2 - 12

Rate

15 Pounds of fert1hzer per I 000 square feet 15 Pounds of fert1hzer per 1000 square feet 15 pauods of fen,hzer
15 Pounds of fertilizer

8-2-12 Label		
Material		
Total N1tro11,en (N)	8.00	
0o Nitrate N1tro11,en	0	
0 o Ammomcal N1tro11,en	0	
0o Urea N1tro11.en	8.000	
0 o Water Insoluble Nitrogen	0	
Available Phosohate (P205)	2.00	
Soluble Potash (K20)	12.00	
Total Sulfur (S)	13.544	
Sulfur as S (Free)	0.808	
ulfur as S (Combmed)	12.736	
Calcmm (Ca)	1.010	
Chlorine not more than	0.048	
Secondary Nutrients		
Total Ma11,nesium (M11,)	4.80	
Soluble Mai;i;nesium (M11,)	4.80	
Total Soluble Man11,anese (Ma)	2.00	
Total Chelated Iron (Fe)	0.200	
Total Soluble Coooer (Cu)	0.020	
Tola! Soluble Zinc (Zn)	0.020	
Total Boron (B)	0.100	

Derived from:
Polymer coated Sulfate of Potash-Magnesrn, Polymer coated Urea, Sulfate of Potash, Tnple Superphosphate, Calcium Sulfate, Copper Sulfate Gypsum, Iron EDTA Manganese Sulfate, Sodium Borated, and Zinc Sulfate

ST. AUGUSTINE, BAHIA, ZOYSIA AND BERMUDA

Date	Type	Rate	
Februarv	8 - 0-  12	15 pounds of fertilizer per I000 square feet	
May	8 - 0 - 12	15 oounds offert11izer oer 1000 square feet	
August	8 - 0 - 12	15 pounds of fertilizer per 1000 souare feet	
November	8 - 0 - 12	15 pounds of fertilizer oer 1000 souare feet	
	8 - 2 - 12 Label			
	Material			
	Total Nitroizen (N)	8.00		
	% Nitrate Nitro11:en	1.00		
	% Ammonical Nitroizen	2.50		
	% Urea Nitroaen	4.50		
	% Water Insoluble Nitroaen	0		
	Available Phosohate (P205)	0		
	Soluble Potash (K20)	12.00		
	Total Sulfur (S)	12.14		
	Sulfur as S (Combined)	12.14		
	Chlorine not more than	0.078		
	Secondary Nutrients			
	Total Maanesium (Miz)	4.00		
	Soluble Ma1mesium (M11:)	4.00		
	Soluble Man11:anese (Ma)	2.00		
	Chelated Iron (Fe)	0.20		
	Soluble Coooer (Cu)	0.02		
	Soluble Zinc (Zn)	0.02		
	Boron (B)	0.05		

Derived from:
Ammonium Nitrate, Polymer coated Sulphur Coated Urea, Polymer coated Urea, Sulfate of Ammonia, Sulfate of Potash, Sulfate of Potash-Magnesia, Triple Superphosphate, Copper Sulfate, Iron EDTA, Manganese Sulfate. Sodium Borate, and Zinc Sulfate

0

PERENNIAL BEDDING PLANTS

Date	Tvne	Rate	
March	10-10-17	1.5 pounds offertilizer/100 square foot	
June	10-10-17	1.5 pounds of fertilizer/I00 square foot	
September	10-10-17	1.5 pounds offertilizer/100 square foot	
December	IO-I0-17	1.5 pounds of fertilizer/JOOsquare foot	

Nutricote Controlled Release 10-10-17		
Label		
Material		
Total Nitro2en	10.00	
% Nitrate Nitro2en	5.00	
% Ammonical Nitro2en	5.00	
Available Phosphorus (P205)	10.00	
Soluble Potash (K20)	17.00	
Secondarv Nutrients		
Total Ma1mesium (M11:)	I 2	
Total Man11:anese (Ma)	0 05	
Total Iron (Fe)	0.16	
Total Zmc (Zn)	0.01	
Total Molybdenum (Mo)	o.oi5	
Total Coover (Cu)	0.04	
Total Boron (B)	0.01	

Derived From:
Ammonium Nitrate, Ammomum Phosphate, Potassium Nitrate. Sulfate of Potash. Magne!:;ium Sulfate, Sodium Borate, Copper Sulfate, Iron Sulfate, Manganese Sulfate, Ferrous Ethylenediamine Tetra acetate, Sodium Molybate and Zinc Sulfate

SUPPLEMENTAL PALM- For nutritionally weak palms

Date	Tank Mixture	Rate	

Monthly until recovery occurs	5lbs -20-20-20 + 25lbs tech Mangam + I gallon Roots: 1-2-3-+ 25lbs Magnesium
sulfate/ I00 izallons water	
Drench 5-gallon single palms, JO gallons cluster Palms	
OR
Date	Tvpe	Rate	
Every Three (3) months until recovery occurs	
0-0-10	15 pounds of Fertilizer per IO00 square feet	

0-0-10 LABEL		
Material		
Soluble Potash	10.00	
Total Ma1ZDesium	5.00	
Soluble Magnesium	5.00	
Soluble Manganese	2.00	

Derived From:
Polymer Coated Sulfate of Potash-Magnesia, Sulfate of Potash-Magnesia, and Manganese Sulfate

Exhibit D

EMERGENCY PREPAREDNESS PLAN
For
LANDSCAPE, HARDSCAPE & STREETSCAPE AMENITIES
Located In
ORLANDO,FL

Purpose: To provide a comprehensive list of procedures to be followed by the Contractor for preparations related to storm events and other natural emergencies on the Districtjobsite within the District's boundaries. This plan is to be utilized as the minimal procedures to be followed during preparation for storm events, such as hurricane and other extreme wind or water events. Actual physical situations and weather conditions may affect the execution of this plan. This plan is to be utilized as a guide for the process. The District Board of Supervisors has approved the form of this Addendum, has authorized the form of this Addendum to be supplemented by the COD Construction Committee prior to execution based on the nature of the contractual services required, and has authorized the execution of this Addendwn.

The District will appoint a representative referred to as the Storm Emergency Preparedness Coordinator (SEPC) who will closely monitor the weather conditions during the hurricane season, which  runs from June 1'1  to November 30111every year, and generally monitor the weather for the balance of the year. The SEPC will coordinate with the Contractor to ensure that the minimum requirements of this plan are met.

The Contractor may have company-generated emergency storm work procedures in place, which exceed this plan. These procedures must be coordinated and approved by the SEPC. At a minimum, the Contractor will be required to follow the procedures outlined in this plan. For the safety of all employees, the Contractor's crew shall not be dispatched until the storm has passed, unless authorized by the SEPC. After the storm has passed, the jobsite will be evaluated by the Contractor's Project Superintendent (CPS) and the SEPC for safe working conditions. All employees are not to be allowed to return to work until the site has been deemed safe and sanitary for work by the SEPC and the CPS. No personnel, whether essential or non-essential, shall be allowed to work on the site when maximum sustained winds exceed 39 mph. It is contemplated that a regional emergency council/group ("Council") may be established among landowners with the District in the future for the purpose of effectuating Development-wide emergency policies and procedures. In the event the Council designates facilities for the purpose of allowing essential personnel to remain on-site during an emergency, the Contractor agrees to coordinate with the SEPC in determining whether Contractor personnel shall remain onsite during an emergency at such time in the future.

The Contractor is expected to place the District in a priority position and the Contractor shall commit to having labor and equipment on site within 12 hours of the storm passing to begin cleanup and restoration operations.

The Contractor will bring in additional equipment and labor, if needed, with the approval of the SEPC. The Contractor shall submit a Labor and Equipment Rate Schedule annually for review and approval by the SEPC. The Contractor shall submit to the SEPC a rate schedule on or before October I.  All preparedness action items shall be in addition to the scope of services identified in the Agreement and shall be provided by the Contractor at no additional cost.

It is expected that, as a matter of protocol, the Contractor will also monitor the weather for tropical storms, hurricanes, and other weather events that may create emergency conditions throughout the year. The key to providing the safest environment and protection of the landscape and hardscape assets located within the District is based upon preparations, storm awareness, communication, and response.

PREPARATIONS: Preparations for expected storm events may differ; these are the minimum actions that should be undertaken.

During the storm season, the best practice for the jobsite location is to maintain a supply of emergency supplies in the event of isolation, loss of utility services, road blockage, and loss of fuel supplies. Items to be included in the Emergency Response Box ("Hurricane Box"), or other such emergency storage container, should include, but is not limited to:

Supply of Drinking water (3 days per employee on site)
3-day supply of non-perishable food
Flashlights and fresh batteries (lights plus backup batteries)
Nylon rope (polypropylene) (500')
Spare Ear Plugs
Tarps (5-10)
Leather palmed gloves
Fuel

0 

Electrical Generator
Hand tools (ax, shovel, rake, etc.)
First Aid Kit
Duct tape
Plastic garbage bags -large yard size
Rain Suit
l roll of CAUTION tape
Spare Safety Goggles
Rubber boots
Mosquito Repellant
Asphalt "cold patch"
Quick set concrete mix
Spare irrigation pipe and fittings
Chainsaw(s)
Leaf blower(s)
Extension cord (500')
String of temporary lights
Rolls of Poly (5)
Scaffold and boards
Portable light on wheels
Spare chainsaw chains
Chainsaw bar oil

5 Day Action Plan:

Where potential for a hurricane landfall, or other natural emergency, is expected within a 5-day period, or in the event the area is placed under a "HURRJCANE WATCH," the following shall occur:

The CPS shall establish communication with the SEPC regarding the presence of the storm/hurricane/emergency and review site specific actions to be undertaken by the Contractor.

The CPS shall monitor the storms progress at regular intervals via radio, television, computer/internet, or other means available.

The CPS shall communicate conditions and plans with their company's Safety Team or Safety Manager as may be required to review the situation ahead oftime.

The CPS shall continue to monitor the storm/hurricane/emergency for changes in the storm profile and/or projected course, and communicate these changes to the SEPC.

3 Day Action Plan:

0

Where potential for a storm/hurricane landfall, or other natural emergency, is expected within a 3- day period or in the event the area is placed under a "HURRICANE WARNING," preparations shall be made to: secure the jobsite; protect District landscape and hardscape assets; prepare for tie down actions and evacuation. In addition, the following shall occur:

The CPS shall establish communication with the SECP regarding the potential emergency conditions and review site specific protocols required by the SECP and by the Contractor.

The CPS shall notify the Company Safety Manager and/or supervisory personnel of the preparations of the jobsite shutdown and preparation to secure the site.

The SEPC will hold meetings with Contractor supervisory personnel and employees to discuss the proposed action plan.

Ensure all materials, tools, tool sheds, containers and small equipment are removed from low-lying areas and are protected from rising water and are tied down.

Ensure that all motorized equipment is securely parked in an elevated area so it will not be damaged from possible flooding and is tied down. Equipment parking areas will be approved by the SEPC after discussion with the CPS.

All Contractor-owned construction trailers, office trailers, tool trailers, sheds, etc., if any, on the Contractor's jobsite shall be tied down securely according to City of Orlando Code. If equipment cannot be secured properly, it shall be removed from the jobsite.

Police the jobsite and storage yards to remove, or direct removal of, potential flying objects from the site or secure them with proper tie-downs.

Have all temporary port-o-lets pumped out, tied down or removed.

Have all trash dumpsters emptied or removed.

IO. Top off all equipment with fuel in the event that fuel supply becomes short or service stations are inoperable following the storm/emergency. All equipment and all fuel cans should be filled to capacity.

11. All water containers should be filled with potable water to capacity.

12 All bag fertilizer or chemicals should be placed in the interior of a secure structure or removed from the site.

13. Board up all windows in field office (if applicable), or protect them with stonn shutters.

14   Disconnect all field office (if applicable) electrical equipment (computers, copiers, etc.).

15. Take photos of your site prior to the storm/emergency to record site and landscape conditions.

I 6. Park trucks and other motorized equipment in an open area that will be easy to clear and near a major roadway, if possible, so after-stonn access is easier.

17. All uninstalled landscape materials shall be secured in the best possible way considering the anticipated intensity of the upcoming storm event.

0

18 All ties, guys and other tree or plant material support systems shalt be checked, tightened, secured or replaced to protect the landscape asset from the level of storm damage expected.

19. All drains, swales, inlets, outlets or other elements of the drainage system shall be checked to ensure that the stormwater structures and conveyance channels are free flowing.

1 Day Plan: (Hurricane is Eminent)

The CPS shall establish communication with the SEPC regarding the eminence of a storm/hurricane/emergency and review site specific protocols to be utilized by the SEPC and by the CPS. Communication options for post stonn shall be established in the event of the loss of cellular or wired communication for the time period immediately following the storm event.

The CPS shall notify the Contractor's Safety Manager and/or supervisory personnel of the preparations at the jobsite and potential for a project site lockdown.   Discussion will entail whether and at what time a lockdown shall be mandated or if there is adequate safe and secure shelter from the storm. In the event of an evacuation, the Contractor's employees shall be offered evacuation and encouraged to participate in an evacuation plan. Before any evacuation, the following shall be completed:

Remove any scaffolding.

Ensure that all small equipment is in the security of storage containers or secure building.

All small materials are placed in close proximity to storage containers.
0

All heavy equipment is parked surrounding the yard materials and storage containers to fonn a perimeter. Final inspection of the jobsite to secure any small items and to prevent flying debris shall be conducted by the SEPC at this point.

Ensure first aid kits are fully stocked.

Identify debris collection locations.

Place flashlight, fresh batteries, first aid kit and/or emergency kit in appropriate company vehicles. In the event of an evacuation, the Contractor's trucks remaining on the jobsite shall be placed in a perimeter with the heavy equipment.

Generators shall be placed in a point of easy access for first retrieval.

Take photos and/or video of the securedjobsite, if possible.

Sandbag the doors of the field office (if applicable), if possible.

After the storm: (Post Hurricane)

0 

Once the stonn has passed, the jobsite shall be evaluated in partnership with the CPS and the SEPC for its safety. The CPS shall organize available manpower to accomplish specific tasks based upon a prioritization of such tasks provided by the SEPC. All site specific hazards will be noted and corrected within the skills, abilities and training of Contractor's employees. Dangerous conditions for human occupancy may include, but are not limited to, unstable hard structures, presence of open or downed electrical lines, excessive water build-up/flooding, unsanitary conditions such as the presence of waste, threat of electrical hazards, presence of displaced wildlife, and so forth. The CPS shall communicate this with the SEPC to discuss plans for correction or elimination of unsafe conditions.

The SEPC in conjunction with the CPS and the Contractor's supervisory personnel shall evaluate the earliest time for resuming work on the jobsite and shall implement plans to that effect. Assistance with clean-up of non-contracted projects or work areas, using Contractor's heavy equipment, vehicles, and labor, will be negotiated based on the Pre­ Approved Labor & Equipment Rate Schedules. It is the intent of the District to continue to provide the safest workplace and the highest level of efficiency in starting work following a storm.

The priorities will be:

Ensure that the public is safe and protected from unsafe conditions on the jobsite created by the storm;
Secure personal property;
Proceed to the jobsite with caution;
Ensure that site working conditions are safe;
Clear roadways and other access routes of hazards;
Identify and mark areas where dangerous conditions exist;
Secure damaged buildings;
Repair or make operable any equipment which can be used in the cleanup effort.
Photo-document the site prior to starting cleanup operations.

Due to the perishable nature of landscape material, every effort should be made to return the plant material to their original location and position. Contractor shall attempt to return uprooted trees or plants within 48 hours.

Areas where hardscape, signs or other site amenities have been damaged should be cleared and made passable as quickly as possible.

Photo-document the worksite upon return, noting any significant changes, and communicate those changes with the SEPC.

Photo-document any and all damage to the landscape and hardscape areas.

Assess all repairs and losses within seven (7) days after the storm has passed, with follow­ up assessments to occur sixty (60) days and six (6) months thereafter.

0

Exhibit E

FREEZE PROTECTION PLAN
For
LANDSCAPE, IRRIGATION SYSTEMS & HARDSCAPE
Located In
LAKE NONA, ORLANDO, FL

Purpose: To provide a comprehensive list of procedures to be followed by contractors for preparations related protecting landscape elements, hardscape and irrigation systems on jobsites within Lake Nona and/or Associated Entities property boundaries. This plan is to be utilized as the minimal procedures to be followed during preparing for freeze events and frost conditions. Actual forecasted weather conditions may affect the execution of this plan. This plan is to be utilized as the authoritative guide for the process.

Greeneway Improvement District will appoint an Owners Representative who will be referred to as the Freeze Protection Coordinator (FPC) who will closely monitor the weather conditions during the winter months, which runs from December 1st to March 30th every year. The FPC will coordinate with Tavistock Development Company Landscape Personnel and the various Landscape Development & Maintenance Contractors working on site to ensure that the minimum requirements of this plan are met.

Landscape Contractors may have company freeze protection procedures in place, which exceed this plan. These procedures must be coordinated and approved by the Lake Nona FPC. At a minimum every contractor will be required to follow the procedures outlined in this plan.

Contractors will be responsible for having material, equipment and labor available to complete all protection tasks 3 days prior to the day offorecasted frost or freezing weather conditions. The contractor shall submit a Labor and Equipment Rate Schedule for review and approval by the Lake Nona FPC. The rate schedule shall cover only materials not specified to be supplied by the contractor at his cost in the Landscape Maintenance Contract and shall be submitted prior to December 1st of each year.

It is expected that as a matter of protocol, each contractor will monitor the weather for predictions of freezing weather throughout the winter season. The key to providing the safest environment for our employees and protection of the landscape assets located on Lake Nona and Associated Entities properties is based upon Preparations, Awareness, Communication, and Response.
If plant material or irrigation components are damaged and the contractor has not followed these procedures the Contractor shall make all repairs and replacements to bring the project back the pre-freeze event condition at the Contractors expense.

ADVANCE PREPARATIONS:
Preparations for expected freeze events may differ; these are the minimum actions that should be undertaken.

During the winter season the best practice is to maintain a supply of freeze protection materials, tools and safety gear which will be adequate to protect all beds and components which have been designated for protection. These materials shall include but not be limited to:

Frost/freeze protection blankets/sheets rated for temperatures reaching 27 degrees for duration of 4 hours
Steel fastening pins
I" x 2" x 24'' wood stakes to support frost blankets
Flashlights and fresh batteries (lights plus backup batteries)
Nylon rope (polypropylene)
Gloves
Hand tools
First Aid Kit
Tote bags for fastening pins
Rain Suits
Safety Goggles

Action Plan Prior to December 1st:

The Best Management Practice for Freeze/Frost Protection is to be prepared; therefore the following actions should be taken prior to December 1st:

I. Contractor shall coordinate with the FPC to identify the irrigation elements, hardscape, plants and planting beds to be protected. A final list of these areas shall be prepared by the contractor and submitted to the FPC for approval.

Contractor shall measure and determine the quantities of materials required to successfully protect the Lake Nona landscape assets.

All material should be ordered at a time which will ensure that all freeze/frost protection will be delivered and on hand prior to December l 5th.

S Day Action Plan: (Prior to Freezing Weather)

As cold fronts are identified which may produce heavy frost or freezing weather the FPC and CPS shall start to monitor the advancement of the system and estimate when the 5 Day Action Plan should be implemented. The initial actions should be as follows:

l. Contractor's Project Superintendent (CPS) shall establish communication with the Lake Nona FPC regarding the forecast of the frost or freezing weather and review site specific actions to be taken by the Contractor.

FPC and CPS shall monitor the weather forecast at regular intervals via radio, television, computer/internet, or other means available.

FPC & SEPC shall continue to monitor the forecasted conditions to determine the expected duration of the freezing weather conditions.

3 Day Action Plan: (Prior to Freezing Weather)

When a "Frost or Freeze Warning" has been forecast the following shall occur:

CPS shall establish communication with the Lake Nona FPC regarding the potential freezing conditions and review site specific protocols required by the Lake Nona Freeze Protection Plan.

Hold meeting with supervisory personnel and employees to discuss the action plan.

Ensure all material, equipment and labor are available and on site for use as needed.

All landscape areas shall be well irrigated to ensure a moist soil condition during the freezing weather conditions.

1 Day Plan: (Freezing Weather Eminent)

All freeze/frost protection should be in place by noon of the day before a freezing weather event is expected.

Ensure that no irrigation or other activity will allow water onto any roadway or walkway surface which may allow ice to form and become a hazard.

Employees shall be instructed to wear or Contractor shall provide cold weather clothing which will protect the employees from hyperthermia while installing frost/freeze protection.

Take photos and/or video of the protected areas and equipment.

Day/Night of Cold Weather Event

CPS shall notify the FPC when all plants and irrigation equipment have been protected.

The FPC and CPS shall inspect the completed protection efforts.

If during the inspection additional work is identified and required by the FPC the CPS shall immediately dispatch a crew to complete the asset protection.

Ensure that all irrigation controllers are shut down and pipes drained where required.

Depending on weather and wind conditions the Contractor shall make arrangements for an employee to monitor the installation on the frost blankets to ensure that all comers and edges remain secure during the night and/or windy conditions.

Post Freeze/Frost Event: Phase 1 (1- 7 days)

Due to the perishable nature of landscape material the frost blankets should be removed as soon as it is determined that the freezing weather has passed.

As soon as the frost protection blankets have been removed and the weather conditions will permit the Irrigation System shall be run to replenish the moisture in the soil.

Irrigation systems shall be tested and operated to identify any damage which may have occurred during the freezing weather. Repairs shall be made within 24 hours.

Irrigation components which have been protected may keep the protection in place, providing it does not hinder the full and efficient operation of the system or create an unsightly condition.

Areas where trees, hardscape, signs or other site amenities have been damaged should be cleared and made passable as quickly as possible.

Photo-document the worksite noting any significant freeze or frost damage and communicate those damages to the FPC.

Police the project to remove all materials used during the freeze protection within 3 days.

Assess all repairs and loss: within seven (7) days after the storm.

Post Freeze/Frost Event: Phase 2 (8-   30 days)

The Phase 2 objective is to return the project to a normal presentation and condition as soon as possible. The Contractor shall undertake the following activities with the approval of the FPC:

l. During the first five days following the freezing weather event a review of all of the landscape, irrigation system components and hardscape shall be inspected and a report prepared which identifies any freeze damage with an estimate of probable cost the replace or repair.

The FPC and CPS shall determine the extent of freeze damage pruning and removal required.

The first stage of pruning and removal shall be completed within 30 days.

Post Freeze/Frost event: Spring (February - April)

The severity of freeze damage is sometimes difficult to identification for several months.

l. Within their skills, abilities and training the Contractor shall report any new signs of freeze damage to the FPC at the end of each month.

2. All approved pruning, repairs and replacements shall be completed before April
3151•

Midtown Improvement District

Cepra Unit Pricing Request

Lake Nona Pricing

Additional Labor	Current Pricing	Proposed Pricing	Cepra Pricing		
General Enhancement Labor	HR	$	36.00	$	46.00	$	55.00		
Irrigation Tech	HR	$	42.00	$	52.00	$	60.00		
Irrigation Repairs - includes labor and materials			
.5 - 1" Line Break	LF	$	25.80	$	40.00	$	30.00		
1.25" - 2" Line Break	LF	$	84.00	$	84.00	$	84.00		
2" to 3" Line Break	LF	$	111.60	$	125.00	$	125.00		
4" Line Break	LF	$	174.00	$	175.00	$	175.00		
1" Gate Valve	EA	$	134.40	$	30.00	$	30.00	Material Only	
1.5" Gate Valve	EA	$	189.60	$	60.00	$	60.00	Material Only	
2" Gate Valve	EA	$	254.20	$	84.00	$	84.00	Material Only	
2.5" Gate Valve	EA	$	324.00	$	190.00	$	190.00	Material Only	
3" Gate Valve	EA	$	392.40	$	225.00	$	240.00	Material Only	
4" Gate Valve	EA	$	462.00	$	375.00	$	390.00	Material Only	
1" Scrubber Valve	EA	$	262.86	$	280.00	$	310.00		
1.5" Scrubber Valve	EA	$	345.60	$	355.00	$	430.00		
2" Scrubber Valve	EA	$	420.00	$	450.00	$	520.00		
3" Scrubber Valve	EA	$	651.60	$	675.00	$	750.00		
Valve Box 10"	EA	$	54.00	$	54.00	$	54.00	Can Vary W/Sizes	
6" SAM Spray Head	EA	$	27.00	$	33.00	$	46.80		
12" SAM Spray Head	EA	$	33.00	$	42.00	$	58.00		
12" spray to riser with stake	EA	$	32.40	$	55.00	$	75.00		
Rotary Head 3.4" - 1"	EA	$	39.00	$	45.00	$	51.80		
Nozzles Fixed	EA	$	5.00	$	5.00	$	6.40		
Rotary Nozzles	EA	$	10.00	$	12.50	$	16.00		
Tree Bubblers (new install)	EA	$	46.80	$	60.00	$	85.00		
Landscape - includes labor and material (sod cutter not included)			
Mulch - Hardwood	CY	$	42.00	$	45.00	$	48.00		
Mulch - Fine Fines	CY	$	48.00	$	50.00	$	55.00		
Mulch - Pine Straw	CY	$	18.00	$	20.00	$	22.00		
Sod (St Aug.)<500	SF	$	1.08	$	1.36	$	1.45		

Sod (St Aug.) 500-5000	SF	$	0.95	$	1.32	$	1.41		
Sod (St Aug.) >5000	SF	$	0.83	$	1.28	$	1.37		
Sod (Zoysia and Provista)<500	SF	$	1.08	$	1.52	$	1.61		
Sod (Zoysia and Provista) 500-5000	SF	$	0.95	$	1.48	$	1.57		
Sod (Zoysia and Provista) >5000	SF	$	0.83	$	1.44	$	1.53		
Sod (Bermuda)<500	SF	$	1.08	$	1.47	$	1.56		
Sod (Bermuda) 500-5000	SF	$	0.95	$	1.43	$	1.52		
Sod (Bermuda) >5000	SF	$	0.83	$	1.39	$	1.43		
Bahia <500	SF	$	0.54	$	0.95	$	1.09		
Bahia 500-5000	SF	$	0.48	$	0.86	$	1.00		
Bahia >5000	SF	$	0.42	$	0.80	$	0.90		
Annuals 4.5"	EA	$	2.28	$	2.50	$	2.76		
1 gal	EA	$	5.40	$	6.00	$	7.00		
3 gal	EA	$	14.70	$	16.00	$	17.00		
7 gal	EA	$	44.50	$	47.00	$	49.75		
15 gal	EA	$	112.20	$	112.50	$	112.50		

Midtown Improvement District

Berman Agreement
(provided under separate cover)

Midtown Improvement District

Resolution 2021-34,
Adopting the Fiscal Year 2021 Budget and Appropriating Funds

RESOLUTION 2021-34

THE ANNUAL APPROPRIATION RESOLUTION OF THE MIDTOWN IMPROVEMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has submitted to the Board of Supervisors (“Board”) of the Midtown Improvement District (“District”) a proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2020 and ending September 30, 2021 (“Fiscal Year 2020/2021”) along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT:

SECTION 1.     BUDGET

a. The Board has reviewed the Proposed Budget, a copy of which is on file with the office of the District Manager and at the District’s Local Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

b.	The Proposed Budget, attached hereto as Exhibit “A,” as amended by the Board,	
	is hereby adopted in accordance with the provisions of Section 190.008(2)(a),	
	Florida Statutes (“Adopted Budget”), and incorporated herein by reference;	
	provided, however, that the comparative figures contained in the Adopted Budget	
	may be subsequently revised as deemed necessary by the District Manager to	
	reflect actual revenues and expenditures.	
c.	The Adopted Budget, as amended, shall be maintained in the office of the District	
	Manager and at the District’s Local Records Office and identified as “The Budget	
	for the Midtown Improvement District for the Fiscal Year Ending September 30,	
	2021.”	

d.      The Adopted Budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption and shall remain on the website for at least 2 years.

SECTION 2.	APPROPRIATIONS

There is hereby appropriated out of the revenues of the District, for Fiscal Year 2020/2021, the sum of $	to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$ 	

TOTAL ALL FUNDS	$ 	

SECTION 3.	BUDGET AMENDMENTS

Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2020/2021 or within 60 days following the end of the Fiscal Year 2020/2021 may amend its Adopted Budget for that fiscal year as follows:

The Board may authorize an increase or decrease in line item appropriations within a fund by motion recorded in the minutes if the total appropriations of the fund do not increase.

The District Manager or Treasurer may authorize an increase or decrease in line item appropriations within a fund if the total appropriations of the fund do not increase and if the aggregate change in the original appropriation item does not exceed $10,000 or 10% of the original appropriation.

c.	By resolution, the Board may increase any appropriation item and/or fund to
reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance.	
d.	Any other budget amendments shall be adopted by resolution and consistent with Florida law.	

The District Manager or Treasurer must establish administrative procedures to ensure that any budget amendments are in compliance with this Section 3 and Section 189.016, Florida Statutes, among other applicable laws. Among other procedures, the District Manager or Treasurer must ensure that any amendments to budget under subparagraphs c. and d. above are posted on the District’s website within 5 days after adoption and remain on the website for at least 2 years.

SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 21ST DAY OF September, 2021.

ATTEST:	MIDTOWN IMPROVEMENT DISTRICT

Secretary/Assistant Secretary

By:	 Its: 	

Midtown Improvement District
Proposed FY 2021 Budget

	Proposed FY	
	2021 Budget	
	(July - Sept	
	2021)	

Revenues		
On-Roll Assessments		
Off-Roll Assessments		
Net Revenues	$	265,783.64	
General & Administrative Expenses		
Legislative		
Supervisor Fees	$	3,000.00	
Financial & Administrative		
Public Officials' Liability Insurance	2,550.00	
Trustee Services	7,500.00	
Management	8,750.00	
Engineering	10,000.00	
Dissemination Agent	5,000.00	
Property Appraiser	1,700.00	
District Counsel	30,000.00	
Assessment Administration	7,500.00	
Reamortization Schedules	250.00	
Audit	6,000.00	
Travel and Per Diem	300.00	
Telephone	50.00	
Postage & Shipping	1,000.00	
Copies	2,500.00	
Legal Advertising	7,500.00	
Bank Fees	-	
Miscellaneous	1,000.00	
Office Supplies	-	
Property Taxes	$	1,000.00	
Web Site Maintenance	$	3,750.00	
Holiday Decorations	$	2,000.00	
Dues, Licenses, and Fees	$	250.00	
Total General & Administrative Expenses	$	101,600.00	

Midtown Improvement District
Proposed FY 2021 Budget

	Proposed FY	
	2021 Budget	
	(July - Sept	
	2021)	
Field Operations		
Electric Utility Services		
Electric	$	3,420.00	
Water-Sewer Combination Services		
Water Reclaimed	15,200.00	
Other Physical Environment		
General Insurance	2,950.00	
Property & Casualty Insurance	2,660.00	
Other Insurance	150.00	
Irrigation Repairs	15,200.00	
Landscaping Maintenance & Material	-	
Other Landscaping Maintenance	-	
Tree Trimming	15,200.00	
Flower & Plant Replacement	15,200.00	
Contingency	7,977.04	
Pest Control	1,801.20	
Hurricane Cleanup	7,600.00	
Interchange Maintenance Expenses		
IME - Aquatics Maintenance	1,024.94	
IME - Irrigation Repairs	2,900.77	
IME - Landscaping	23,439.00	
IME - Lighting	483.46	
IME - Miscellaneous	483.46	
IME - Water Reclaimed	725.19	
Road & Street Facilities		
Entry and Wall Maintenance	1,140.00	
Hardscape Maintenance	1,900.00	
Streetlights	38,140.63	
Accent Lighting	760.00	
Parks & Recreation		
Personnel Leasing Agreement	3,420.00	
Reserves		
Infrastructure Capital Reserve	2,109.00	
Interchange Maintenance Reserve	298.93	
Total Field Operations Expenses	$	164,183.64	

Total Expenses	
$	265,783.64	

Income (Loss) from Operations	
$	-	

Other Income (Expense)		
Interest Income	$	-	
Total Other Income (Expense)	$	-	

Midtown Improvement District

Resolution 2021-35,
Adopting the Fiscal Year 2022 Budget and Appropriating Funds

RESOLUTION 2021-35

THE ANNUAL APPROPRIATION RESOLUTION OF THE MIDTOWN IMPROVEMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2021, submitted to the Board of Supervisors (“Board”) of the Midtown Improvement District (“District”) proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022”) along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT:

SECTION 1.     BUDGET

a. The Board has reviewed the Proposed Budget, a copy of which is on file with the office of the District Manager and at the District’s Local Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

b.	The Proposed Budget, attached hereto as Exhibit “A,” as amended by the Board,	
	is hereby adopted in accordance with the provisions of Section 190.008(2)(a),	
	Florida Statutes (“Adopted Budget”), and incorporated herein by reference;	
	provided, however, that the comparative figures contained in the Adopted Budget	
	may be subsequently revised as deemed necessary by the District Manager to	
	reflect actual revenues and expenditures.	
c.	The Adopted Budget, as amended, shall be maintained in the office of the District	
	Manager and at the District’s Local Records Office and identified as “The Budget	
	for the Midtown Improvement District for the Fiscal Year Ending September 30,	
	2022.”	

d.      The Adopted Budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption and shall remain on the website for at least 2 years.

SECTION 2.	APPROPRIATIONS

There is hereby appropriated out of the revenues of the District, for Fiscal Year 2021/2022, the sum of $	to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$ 	

TOTAL ALL FUNDS	$ 	

SECTION 3.	BUDGET AMENDMENTS

Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2021/2022 or within 60 days following the end of the Fiscal Year 2021/2022 may amend its Adopted Budget for that fiscal year as follows:

A line-item appropriation for expenditures within a fund may be decreased or increased by motion of the Board recorded in the minutes, and approving the expenditure, if the total appropriations of the fund do not increase.

The District Manager or Treasurer may approve an expenditure that would increase or decrease a line-item appropriation for expenditures within a fund if the total appropriations of the fund do not increase and if either (i) the aggregate change in the original appropriation item does not exceed the greater of $15,000 or 15% of the original appropriation, or (ii) such expenditure is authorized by separate disbursement or spending resolution.

Any other budget amendments shall be adopted by resolution and consistent with Florida law.

The District Manager or Treasurer must ensure that any amendments to the budget under paragraph c. above are posted on the District’s website within 5 days after adoption and remain on the website for at least 2 years.

SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 21ST DAY OF September, 2021.

ATTEST:	MIDTOWN IMPROVEMENT DISTRICT

Secretary/Assistant Secretary

By:	 Its: 	

Midtown Improvement District
FY 2022 Proposed Budget

	Proposed FY 2022 Budget

$ 456,186.33

  $	-		
	$ 456,186.33

$    12,000.00

2,700.00
7,500.00
35,000.00
10,000.00
5,000.00
2,000.00
30,000.00
7,500.00
250.00
6,000.00
300.00
50.00
1,000.00
2,500.00
7,500.00
360.00
1,000.00
250.00
1,000.00
6,000.00
2,000.00
250.00	
	$ 140,160.00	

Revenues
On-Roll Assessments Off-Roll Assessments Carry Forward
Net Revenues
General & Administrative Expenses Legislative
Supervisor Fees
Financial & Administrative
Public Officials' Liability Insurance Trustee Services
Management Engineering Dissemination Agent Property Appraiser District Counsel
Assessment Administration Reamortization Schedules Audit
Travel and Per Diem Telephone
Postage & Shipping Copies
Legal Advertising Bank Fees Miscellaneous Office Supplies Property Taxes
Web Site Maintenance Holiday Decorations Dues, Licenses, and Fees
Total General & Administrative Expenses

Midtown Improvement District
FY 2022 Proposed Budget

Field Operations Electric Utility Services
Electric
Water-Sewer Combination Services
Water Reclaimed
Other Physical Environment
General Insurance	Proposed FY 2022 Budget

$	4,560.00

19,000.00

3,000.00	
Property & Casualty Insurance	1,900.00	
Other Insurance	100.00	
Irrigation Repairs	20,900.00	
Landscaping Maintenance & Material	106,521.60	
Other Landscaping Maintenance	-	
Tree Trimming	7,600.00	
Flower & Plant Replacement	15,200.00	
Contingency	33,369.40	
Pest Control	988.00	
Hurricane Cleanup	-	
Interchange Maintenance Expenses	-	
IME - Aquatics Maintenance	1,450.08	
IME - Irrigation Repairs	1,368.00	
IME - Landscaping	37,197.01	
IME - Lighting	342.00	
IME - Miscellaneous	1,778.40	
IME - Water Reclaimed	684.00	
Road & Street Facilities
Entry and Wall Maintenance	
1,140.00	
Hardscape Maintenance	3,040.00	
Streetlights	31,816.10	
Accent Lighting	760.00	
Parks & Recreation
Personnel Leasing Agreement	
13,680.00	
Reserves		
Infrastructure Capital Reserve	8,436.00	
Interchange Maintenance Reserve	1,195.73	
Total Field Operations Expenses	$ 316,026.33	

Total Expenses	
$ 456,186.33	

Income (Loss) from Operations		

Other Income (Expense)
Interest Income

Total Other Income (Expense)

Net Income (Loss)

Midtown Improvement District

Fiscal Year 2021/2022 Budget Funding Agreement

MIDTOWN IMPROVEMENT DISTRICT FISCAL YEAR 2021/2022 FUNDING AGREEMENT

This agreement (“Agreement”) is made and entered into this    day of September, 2021, by and between:

Midtown Improvement District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in City of Orlando, Florida (hereinafter “District”), and

Lake Nona Land Company, LLC, a Florida limited liability company and a landowner in the District (hereinafter “Developer”) with an address of 6900 Tavistock Lakes Boulevard, Suite 200, Orlando, Florida 32827.

RECITALS

WHEREAS, the District was established by an ordinance adopted by the City Council of the City of Orlando, Florida, for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District, pursuant to Chapter 190, Florida Statutes, is authorized to levy such taxes, special assessments, fees and other charges as may be necessary in furtherance of the District's activities and services; and

WHEREAS, Developer presently owns and/or is developing the majority of all real property described in Exhibit A, attached hereto and incorporated herein (“Property”), within the District, which Property will benefit from the timely construction and acquisition of the District's facilities, activities and services and from the continued operations of the District; and

WHEREAS, the District is adopting its general fund budget for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022 Budget”); and

WHEREAS, this Fiscal Year 2021/2022 Budget, which both parties recognize may be amended from time to time in the sole discretion of the District, is attached hereto and incorporated herein by reference as Exhibit B; and

WHEREAS, the District has the option of levying non-ad valorem assessments on all land, including the Property, that will benefit from the activities, operations and services set forth in the Fiscal Year 2021/2022 Budget, or utilizing such other revenue sources as may be available to it; and

WHEREAS, in lieu of levying assessments on the Property, the Developer is willing to provide such funds as are necessary to allow the District to proceed with its operations as described in Exhibit B; and

WHEREAS, the Developer agrees that the activities, operations and services provide a special and peculiar benefit equal to or in excess of the costs reflected on Exhibit B to the Property; and

WHEREAS, the Developer has agreed to enter into this Agreement in lieu of having the District levy and collect any non-ad valorem assessments as authorized by law against the Property located within the District for the activities, operations and services set forth in Exhibit B; and

WHEREAS, Developer and District desire to secure such budget funding through the imposition of a continuing lien against the Property described in Exhibit A and otherwise as provided herein.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows:

FUNDING. The Developer agrees to make available to the District the monies necessary for the operation of the District as called for in the budget attached hereto as Exhibit B, as may be amended from time to time in the District’s sole discretion, within fifteen (15) days of written request by the District. Amendments to the Fiscal Year 2021/2022 Budget as shown on Exhibit B adopted by the District at a duly noticed meeting shall have the effect of amending this Agreement without further action of the parties. Funds provided hereunder shall be placed in the District's general checking account. These payments are made by the Developer in lieu of taxes, fees, or assessments which might otherwise be levied or imposed by the District.

CONTINUING LIEN. District shall have the right to file a continuing lien upon the Property described in Exhibit A for all payments due and owing under the terms of this Agreement and for interest thereon, and for reasonable attorneys’ fees, paralegals’ fees, expenses and court costs incurred by the District incident to the collection of funds under this Agreement or for enforcement this lien, and all sums advanced and paid by the District for taxes and payment on account of superior interests, liens and encumbrances in order to preserve and protect the District’s lien. The lien shall be effective as of the date and time of the recording of a “Notice of Lien for Fiscal Year 2021/2022 Budget” in the public records of Orange County, Florida (“County”), stating among other things, the description of the real property and the amount due as of the recording of the Notice, and the existence of this Agreement. The District Manager, in its sole discretion, is hereby authorized by the District to file the Notice of Lien for Fiscal Year 2021/2022 Budget on behalf of the District, without the need of further Board action authorizing or directing such filing. At the District Manager’s direction, the District may also bring an action at law against the record title holder to the Property to pay the amount due under this Agreement, or may foreclose the lien against the Property in any manner authorized by law. The District may partially release any filed lien for portions of the Property subject to a plat if and when the Developer has demonstrated, in the District’s sole discretion, such release will not materially impair the ability of the District to enforce the collection of funds hereunder. In the event the Developer sells any of the Property described in Exhibit A after the execution of this Agreement, the Developer’s rights and obligations under this Agreement shall remain the same, provided however that the District shall only have the right to file a lien upon the remaining Property owned by the Developer.

ALTERNATIVE COLLECTION METHODS.

In the alternative or in addition to the collection method set forth in Paragraph 2 above, the District may enforce the collection of funds due under this Agreement by action against the Developer in the appropriate judicial forum in and for the County. The enforcement of the collection of funds in this manner shall be in the sole discretion of the District Manager on behalf of the District. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

The District hereby finds that the activities, operations and services set forth in Exhibit B provide a special and peculiar benefit to the Property, which benefit is initially allocated on an equal developable acreage basis. The Developer agrees that the activities, operations and services set forth in Exhibit B provide a special and peculiar benefit to the Property equal to or in excess of the costs set forth in Exhibit B, on an equal developable acreage basis. Therefore, in the alternative or in addition to the other methods of collection set forth in this Agreement, the District, in its sole discretion, may choose to certify amounts due hereunder as a non-ad valorem assessment on all or any part of the Property for collection, either through the Uniform Method of Collection set forth in Chapter 197, Florida Statutes, or under any method of direct bill and collection authorized by Florida law. Such assessment, if imposed, may be certified on the next available tax roll of the County property appraiser.

AGREEMENT; AMENDMENTS. This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto.

AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

ASSIGNMENT. This Agreement may be assigned, in whole or in part, by either party only upon the written consent of the other, which consent shall not be unreasonably withheld.

DEFAULT. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance and specifically including the ability of the District to enforce any and all payment obligations under this Agreement in the manner described herein in Paragraphs 2 and 3 above.

THIRD PARTY RIGHTS; TRANSFER OF PROPERTY. 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. In the event the Developer sells or otherwise disposes of its business or of all or substantially all of its assets relating to improvements, work product, or lands within the District, the Developer shall continue to be bound by the terms of this Agreement and additionally shall expressly require that the purchaser agree to be bound by the terms of this Agreement. The Developer shall give 90 days prior written notice to the District under this Agreement of any such sale or disposition.

FLORIDA LAW GOVERNS. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm's length transaction. The parties participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

EFFECTIVE DATE. The Agreement shall be effective after execution by both parties hereto. The enforcement provisions of this Agreement shall survive its termination, until all payments due under this Agreement are paid in full.

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

Attest:	Midtown Improvement District

Secretary/Assistant Secretary	By:	 Its:  	

Lake Nona Land Company, LLC, a Florida limited liability company

Witness	By: 	
Its: 	

EXHIBIT A: Property Description
EXHIBIT B: Fiscal Year 2021/2022 Budget

Midtown Improvement District

Resolution 2021-36, Adopting the Uniform Method

RESOLUTION 2021-36

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING, AND ENFORCING NON AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED BY THE MIDTOWN IMPROVEMENT DISTRICT IN ACCORDANCE WITH SECTION 197.3632, FLORIDA STATUTES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Midtown Improvement District (“District”) was established pursuant to the provisions of Chapter 190, Florida Statutes, which authorizes the District to levy certain assessments that include benefit and maintenance assessments, and further authorizes the District to levy special assessments pursuant to Chapters 170 and 197, Florida Statutes, for the acquisition, maintenance, construction, or reconstruction of assessable improvements authorized by Chapter 190, Florida Statutes; and

WHEREAS, the above referenced assessments are non-ad valorem in nature and, therefore, may be levied and collected under the provisions of Section 197.3632, Florida Statutes, in which the State of Florida has provided a uniform method for the levying, collecting, and enforcing such non-ad valorem assessments (“Uniform Method”); and

WHEREAS, pursuant to Section 197.3632, Florida Statutes, the District has caused notice of a public hearing on the District’s intent to use the Uniform Method to be advertised weekly in a newspaper of general circulation within Orange County for four (4) consecutive weeks prior to such hearing; and

WHEREAS, the District has held a public hearing pursuant to Section 197.3632, Florida Statutes, where public and landowners were allowed to give testimony regarding the use of the Uniform Method; and

WHEREAS, the District desires to use Uniform Method for the levy, collection and enforcement of non-ad valorem special assessments authorized by Section 197.3632, Florida Statutes, for special assessments, including benefit and maintenance assessments, over all the lands in the District as further described in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT:

SECTION 1. The Midtown Improvement District, upon conducting its public hearing as required by Section 197.3632, Florida Statutes, hereby expresses its intent to

use the Uniform Method of collecting assessments imposed by the District as provided in Chapters 170 and 190, Florida Statutes, each of which are non-ad valorem assessments which may be collected annually pursuant to the provisions of Chapter 190, Florida Statutes, for the purpose of paying principal and interest on any and all of its indebtedness and for the purpose of paying the cost of operating and maintaining its assessable improvements. The legal description of the boundaries of the real property subject to a levy of assessments is attached and made a part of this Resolution as Exhibit A. The non-ad valorem assessments and the District’s use of the Uniform Method of collecting its non-ad valorem assessment(s) may continue in any given year when the Board of Supervisors determines that use of the Uniform Method for that year is in the best interests of the District.

SECTION 2. This Resolution shall become effective upon its passage and the District’s Secretary is authorized and directed to provide the Property Appraiser and Tax Collector of Orange County and the Department of Revenue of the State of Florida with a copy of this Resolution.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this	day of September, 2021.

ATTEST:	MIDTOWN IMPROVEMENT DISTRICT

Secretary/Assistant Secretary	Chairman	/	Vice	Chairman,	Board	of
Supervisors

Print Name

Exhibit A:	Legal Description

Exhibit A: Legal Description

Midtown Improvement District

Rules of Procedure

RULES OF PROCEDURE MIDTOWN IMPROVEMENT DISTRICT

EFFECTIVE AS OF SEPTEMBER 21, 2021

TABLE OF CONTENTS
Rule 1.0	General	2
Rule 1.1	Board of Supervisors; Officers and Voting.	3
Rule 1.2	District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.	7
Rule 1.3	Public Meetings, Hearings, and Workshops	10
Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse	15
Rule 2.0	Rulemaking Proceedings	16
Rule 3.0	Competitive Purchase	22
Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act	27
Rule 3.2	Procedure Regarding Auditor Selection.	31
Rule 3.3	Purchase of Insurance.	35
Rule 3.4	Pre-qualification	37
Rule 3.5	Construction Contracts, Not Design-Build	42
Rule 3.6	Construction Contracts, Design-Build	46
Rule 3.7	Payment and Performance Bonds	51
Rule 3.8	Goods, Supplies, and Materials	52
Rule 3.9	Maintenance Services	56
Rule 3.10	Contractual Services	59
Rule 3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9	60
Rule 4.0	Effective Date.	63

Rule 1.0	General.

The Midtown Improvement District (the “District”) was created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the “Rules”) is to describe the general operations of the District.

Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.

Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding, the District may immediately suspend the application of a Rule if the District determines that the Rule conflicts with Florida law. In the event that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

Rule 1.1	Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the District (the “Board”) shall consist of five (5) members. Members of the Board (“Supervisors”) appointed by ordinance or rule or elected by landowners must be citizens of the United States of America and residents of the State of Florida. Supervisors elected or appointed by the Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District and registered to vote with the Supervisor of Elections of the county in which the District is located and for those elected, shall also be qualified to run by the Supervisor of Elections. The Board shall exercise the powers granted to the District under Florida law.

Supervisors shall hold office for the term specified by Section 190.006 of the Florida Statutes. If, during the term of office, any Board member(s) vacates their office, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the term(s). If three or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Board members.

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes. A Board member shall be counted toward the quorum if physically present at the meeting, regardless of whether such Board member is prohibited from, or abstains from, participating in discussion or voting on a particular item.

Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or required by law. Subject to Rule 1.3(10), a Board member participating in the Board meeting by teleconference or videoconference shall be entitled to vote and take all other action as though physically present.

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (1)(c) of this Rule.

Officers. At the first Board meeting held after each election where the newly elected members take office, the Board shall select a Chairperson, Vice-Chairperson, Secretary, Assistant Secretary, and Treasurer.

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District’s behalf. The Chairperson shall convene and conduct all meetings of the Board. In the event the Chairperson is unable to attend a

meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District’s manager (“District Manager”) or District Counsel, in whole or in part.

The Vice-Chairperson shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chairperson has the authority to execute resolutions and contracts on the District’s behalf in the absence of the Chairperson. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

The Secretary of the Board serves at the pleasure of the Board and need not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secretary. The Secretary shall be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a resident of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any Assistant Secretary may execute such document.

The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf of the District.

The Chairperson, Vice-Chairperson, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board.

Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but are not limited to, review of bids, proposals, and qualifications, contract negotiations, personnel matters, and budget preparation.

Record Book. The Board shall keep a permanent record book entitled “Record of Proceedings,” in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and corporate acts. The Records of Proceedings shall be located at a District office and shall be available for inspection by the public.

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose governments within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory function shall be open to the public in accord with the provisions of Chapter 286 of the Florida Statutes.

Voting Conflict of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member’s special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

When a Board member knows the member has a conflict of interest on a matter coming before the Board, the member should notify the Board’s Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes.

If the Board member was elected at a landowner’s election or appointed to fill a vacancy of a seat last filled at a landowner’s election, the Board member may vote or abstain from voting on the matter at issue. If the Board member was elected by electors residing within the District, the Board

member is prohibited from voting on the matter at issue. In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.

The Board’s Secretary shall prepare a Memorandum of Voting Conflict (Form 8B) which shall then be signed by the Board member, filed with the Board’s Secretary, and provided for attachment to the minutes of the meeting within fifteen (15) days of the meeting.

If a Board member inadvertently votes on a matter and later learns he or she has a conflict on the matter, the member shall immediately notify the Board’s Secretary. Within fifteen (15) days of the notification, the member shall file the appropriate Memorandum of Voting Conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The Memorandum of Voting Conflict shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the Memorandum of Voting Conflict. The Board member’s vote is unaffected by this filing.

It is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated with a landowner.

In the event that a Board member elected at a landowner’s election or appointed to fill a vacancy of a seat last filled at a landowner’s election, has a continuing conflict of interest, such Board member is permitted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed for each term the Board member is in office.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 112.3143, 190.006, 190.007, Fla. Stat.

Rule 1.2	District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.

District Offices. Unless otherwise designated by the Board, the official District office shall be the District Manager’s office identified by the District Manager. If the District Manager’s office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:

Agenda packages for prior 24 months and next meeting;

Official minutes of meetings, including adopted resolutions of the Board;

Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;

Adopted engineer’s reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

District policies and rules;

Fiscal year end audits; and

Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the documents required by Florida law.

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business of the District. All District public records not otherwise restricted by law may be copied or inspected at the District Manager’s office during regular business hours. Certain District records can also be inspected and copied at the District’s local records office during regular business hours. All written public records requests shall be directed to the Secretary who by these rules is appointed as the

District’s records custodian. Regardless of the form of the request, any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor’s duty to comply with public records laws.

Fees; Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual(s) who is/are qualified to perform the labor, taking into account the nature or volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request, in accordance with Florida law. For purposes of this Rule, the word “extensive” shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in this section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. Should the person fail to pay the estimate, the District is under no duty to produce the requested records. After the request has been fulfilled, additional payments or credits may be

due. The District is under no duty to produce records in response to future records requests if the person making the request owes the District for past unpaid duplication charges, special service charges, or other required payments or credits.

Records Retention. The Secretary of the District shall be responsible for retaining the District’s records in accordance with applicable Florida law.

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.

Financial Disclosure Coordination. Unless specifically designated by Board resolution otherwise, the Secretary shall serve as the Financial Disclosure Coordinator (“Coordinator”) for the District as required by the Florida Commission on Ethics (“Commission”). The Coordinator shall create, maintain and update a list of the names, e-mail addresses, physical addresses, and names of the agency of, and the office or position held by, all Supervisors and other persons required by Florida law to file a statement of financial interest due to his or her affiliation with the District (“Reporting Individual”). The Coordinator shall provide this list to the Commission by February 1 of each year, which list shall be current as of December 31 of the prior year. Each Supervisor and Reporting Individual shall promptly notify the Coordinator in writing if there are any changes to such person’s name, e- mail address, or physical address. Each Supervisor and Reporting Individual shall promptly notify the Commission in the manner prescribed by the Commission if there are any changes to such person’s e-mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 112.31446(3), 112.3145(8)(a)1., 119.07, 119.0701, 190.006, Fla. Stat.

Rule 1.3	Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. “General circulation” means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section 189.015 of the Florida Statutes, shall be published in a newspaper not of limited subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week. Each Notice shall state, as applicable:

The date, time and place of the meeting, hearing or workshop;

A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;

The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

The following or substantially similar language: “Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (407) 723- 5900. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955-8770 or 1 (800) 955-8771, who can aid you in contacting the District Office.”

The following or substantially similar language: “A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.”

The following or substantially similar language: “The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on the record.”

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare an agenda of the meeting/hearing/workshop. The agenda and any meeting materials available in an electronic format, excluding any confidential and any confidential and exempt information, shall be available to the public at least seven days before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as, and limited to, the agenda, meeting minutes, resolutions, and agreements of the District that District staff deems necessary for Board approval. Inclusion of additional materials for Board consideration other than those defined herein as “meeting materials” shall not convert such materials into “meeting materials.” For good cause, the agenda may be changed after it is first made available for distribution, and additional materials may be added or provided under separate cover at the meeting. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

The District may, but is not required to, use the following format in preparing its agenda for its regular meetings:

Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel
District Engineer
District Manager
Financial Report
Approval of Expenditures Supervisor’s requests and comments Public comment
Adjournment

Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may work with other staff members in preparing draft minutes for the Board’s consideration.

Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre- pay the cost of the copying and postage.

Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable, upon consultation with the District Manager and District Counsel, if available, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District’s website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion of the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.

Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.

Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and published

as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.

Participation by Teleconference/Videoconference. District staff may participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District has not adopted Robert’s Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. Unless such procedure is waived by the Board, approval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board member, including the Chairperson, can make or second a motion.

Continuances. Any meeting or public hearing of the Board may be continued without re-notice or re-advertising provided that:

The Board identifies on the record at the original meeting a reasonable need for a continuance;

The continuance is to a specified date, time, and location publicly announced at the original meeting; and

The public notice for the original meeting states that the meeting may be continued to a date and time and states that the date, time, and location of any continuance shall be publicly announced at the original meeting and posted at the District Office immediately following the original meeting.

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District’s attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District’s attorney must request such session at a public meeting. Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy related to

litigation expenses or as may be authorized by law. Only the Board, the District’s attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no votes may be taken and no final decisions concerning settlement can be made. Upon the conclusion of the session, the public meeting is reopened, and the Chairperson or Vice- Chairperson must announce that the session has concluded. The session must be transcribed by a court-reporter and the transcript of the session filed with the District Secretary within a reasonable time after the session. The transcript shall not be available for public inspection until after the conclusion of the litigation.

Security and Firesafety Board Discussions. Portions of a meeting which relate to or would reveal a security or firesafety system plan or portion thereof made confidential and exempt by section 119.071(3)(a), Florida Statutes, are exempt from the public meeting requirements and other requirements of section 286.011, Florida Statutes, and section 24(b), Article 1 of the State Constitution. Should the Board wish to discuss such matters, members of the public shall be required to leave the meeting room during such discussion. Any records of the Board’s discussion of such matters, including recordings or minutes, shall be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069(2)(a)16, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0113, 286.0114, Fla. Stat.

Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse

Internal Controls. The District shall establish and maintain internal controls designed to:

Prevent and detect “fraud,” “waste” and “abuse” as those terms are defined in section 11.45(1), Florida Statutes; and
Promote and encourage compliance with applicable laws, rules contracts, grant agreements, and best practices; and
Support economical and efficient operations; and
Ensure reliability of financial records and reports; and
Safeguard assets.

Adoption. The internal controls to prevent fraud, waste and abuse shall be adopted and amended by the District in the same manner as District policies.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 218.33(3), Fla. Stat.

Rule 2.0	Rulemaking Proceedings.

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A “rule” is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District (“Rule”). Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section (3) of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedings and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District’s statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty-one
(21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing by submitting a written request within twenty-one (21) days after the date

of publication of the notice. Except when intended action is the repeal of a rule, the notice shall include a reference to both the date on which and the place where the Notice of Rule Development required by section (2) of this Rule appeared.

The notice shall be published in a newspaper of general circulation in the District and each county in which the District is located not less than twenty- eight (28) days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice.

The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings to adopt, amend, or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing.

Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the Chairperson must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so.

Petitions to Initiate Rulemaking. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District or has a substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

Rulemaking Materials. After the publication of the notice referenced in section (3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

The text of the proposed rule, or any amendment or repeal of any existing rules;

A detailed written statement of the facts and circumstances justifying the proposed rule;

A copy of the statement of estimated regulatory costs if required by Section
120.541 of the Florida Statutes; and

The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (21) days after the date of publication of the notice described in section (3) of this Rule, shall, provide a public hearing for the presentation of evidence, argument, and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. The District shall publish notice of the public hearing in a newspaper of general circulation within the District either in the text of the notice described in section (3) of this Rule or in a separate publication at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. Written statements may be submitted by any person prior to or at the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.

Emergency Rule Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety, or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District. The District may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.

Negotiated Rulemaking. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the county in which the District is located.

Rulemaking Record. In all rulemaking proceedings, the District shall compile and maintain a rulemaking record. The record shall include, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

A written summary of hearings, if any, on the proposed rule;

All written comments received by the District and responses to those written comments; and

All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

Any person substantially affected by a rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the District’s authority.

The petition seeking an administrative determination must state with particularity the provisions alleged to be invalid with sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a rule is substantially affected by it.

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties. The failure of the District to follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.

Within 30 days after the hearing, the hearing officer shall render a decision and state the reasons therefor in writing.

Hearings held under this section shall be de novo in nature. The petitioner has a burden of proving by a preponderance of the evidence that the existing rule is an invalid exercise of District authority as to the objections raised. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The petitioner and the District shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Variances and Waivers. A “variance” means a decision by the District to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. A “waiver” means a decision by the District not to apply all or part of a rule to a person who is subject to the rule. Variances and waivers from District rules may be granted subject to the following:

Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District’s Rule. Each petition shall specify:

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the petitioner; and
The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

The District shall review the petition and may request only that information needed to clarify the petition or to answer new questions raised by or directly related to the petition. If the petitioner asserts that any request for additional information is not authorized by law or by Rule of the District,

the District shall proceed, at the petitioner’s written request, to process the petition.

The Board shall grant or deny a petition for variance or waiver and shall announce such disposition at a publicly held meeting of the Board, within ninety (90) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The District’s statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

Rates, Fees, Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted by the District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.

Specific Authority: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190.011(5), 190.035(2), Fla. Stat.

Rule 3.0	Competitive Purchase.

Purpose and Scope.   In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design- build services, goods, supplies, and materials, Contractual Services, and maintenance services.

Board Authorization. Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by the Board.

Definitions.

“Competitive Solicitation” means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

“Continuing Contract” means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed two million dollars ($2,000,000), for a study activity when the fee for such Professional Services to the District does not exceed two hundred thousand dollars ($200,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

“Contractual Service” means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and these Rules. Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

“Design-Build Contract” means a single contract with a Design-Build Firm for the design and construction of a public construction project.

“Design-Build Firm” means a partnership, corporation or other legal entity that:

Is certified under Section 489.119 of the Florida Statutes, to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section 481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.

“Design Criteria Package” means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit Design-Build Firms to prepare a bid or a response to the District’s Request for Proposals, or to permit the District to enter into a negotiated Design- Build Contract. The Design Criteria Package must specify performance- based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof.

“Design Criteria Professional” means a firm who holds a current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the Design Criteria Package.

“Emergency Purchase” means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where

the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

	“Invitation to Bid” is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and defining the commodity or service involved. It includes printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.

“Invitation to Negotiate” means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.

	“Negotiate” means to conduct legitimate, arm’s length discussions and conferences to reach an agreement on a term or price.

“Professional Services” means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of Florida, or those services performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.

“Proposal (or Reply or Response) Most Advantageous to the District” means, as determined in the sole discretion of the Board, the proposal, reply, or response that is:

Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;

The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and

For a cost to the District deemed by the Board to be reasonable.

“Purchase” means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of Florida.

“Request for Proposals” or “RFP” is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and

requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.

“Responsive and Responsible Bidder” means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. “Responsive and Responsible Vendor” means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

The ability and adequacy of the professional personnel employed by the entity/individual;

The past performance of the entity/individual for the District and in other professional employment;

The willingness of the entity/individual to meet time and budget requirements;

The geographic location of the entity’s/individual’s headquarters or office in relation to the project;

The	recent,	current,	and	projected	workloads	of	the entity/individual;

The volume of work previously awarded to the entity/individual;

Whether the cost components of the bid or proposal are appropriately balanced; and

Whether the entity/individual is a certified minority business enterprise.

“Responsive Bid,” “Responsive Proposal,” “Responsive Reply,” and “Responsive Response” all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the

Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are appropriately balanced. A bid, proposal, reply or response is not responsive if the person or firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, “Project” means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

Qualifying Procedures. In order to be eligible to provide Professional Services to the District, a consultant must, at the time of receipt of the firm’s qualification submittal:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the consultant is a corporation; and

Meet any qualification requirements set forth in the District’s Request for Qualifications.

Evidence of compliance with this Rule may be submitted with the qualifications, if requested by the District. In addition, evidence of compliance must be submitted any time requested by the District.

Public Announcement. Except in cases of valid public emergencies as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration. The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. The District shall make reasonable efforts to provide copies of any notices to such consultants, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process. The Board has the right to reject any and all

qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competitive Selection.

The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of qualifications on file. The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

The ability and adequacy of the professional personnel employed by each consultant;

Whether a consultant is a certified minority business enterprise;

Each consultant’s past performance;

The willingness of each consultant to meet time and budget requirements;

The geographic location of each consultant's headquarters, office and personnel in relation to the project;

The recent, current, and projected workloads of each consultant; and

The volume of work previously awarded to each consultant by the District.

Nothing in these Rules shall prevent the District from evaluating and eventually selecting a consultant if less than three (3) Responsive qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.

If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all consultants

by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Competitive Negotiation.

After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as most qualified to perform the required Professional Services at a rate or amount of compensation which the Board determines is fair, competitive, and reasonable.

In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting." In addition, any professional service contract under which such a certificate is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."

Should the District be unable to negotiate a satisfactory agreement with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second firm cannot be reached, those negotiations shall be terminated and negotiations with the third most qualified firm shall be undertaken.

Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Continuing Contract. Nothing in this Rule shall prohibit a Continuing Contract between a consultant and the District.

Emergency Purchase. The District may make an Emergency Purchase without complying with these Rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 of the Florida Statutes, the following procedures are outlined for selection of firms or individuals to provide Auditing Services and for the negotiation of such contracts. For audits required under Chapter 190 of the Florida Statutes but not meeting the thresholds of Chapter 218 of the Florida Statutes, the District need not follow these procedures but may proceed with the selection of a firm or individual to provide Auditing Services and for the negotiation of such contracts in the manner the Board determines is in the best interests of the District.

Definitions.

"Auditing Services" means those services within the scope of the practice of a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

"Committee" means the auditor selection committee appointed by the Board as described in section (2) of this Rule.

Establishment of Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an auditor selection committee (“Committee”), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee shall include at least three individuals, at least one of which must also be a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a member of the Board. An employee, a chief executive officer, or a chief financial officer of the District may not serve as a member of the Committee; provided however such individual may serve the Committee in an advisory capacity.

Establishment of Minimum Qualifications and Evaluation Criteria. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Committee shall meet at a publicly noticed meeting to establish minimum qualifications and factors to use for the evaluation of Auditing Services to be provided by a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

Minimum Qualifications. In order to be eligible to submit a proposal, a firm must, at all relevant times including the time of receipt of the proposal by the District:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation; and

Meet any pre-qualification requirements established by the Committee and set forth in the RFP or other specifications.

If requested in the RFP or other specifications, evidence of compliance with the minimum qualifications as established by the Committee must be submitted with the proposal.

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

Ability of personnel;

Experience;

Ability to furnish the required services; and

Such other factors as may be determined by the Committee to be applicable to its particular requirements.

The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one (1) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for at least seven (7) days for the submission of proposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals (“RFP”). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee determines

is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee’s Evaluation of Proposals and Recommendation. The Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of the evaluation, require that each interested firm provide a public presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm’s qualifications. At the public meeting, the Committee shall rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3)(b) of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked firm shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms’ respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified firm or document in its public records the reason for not selecting the highest- ranked qualified firm.

In negotiations with firms under this Rule, the Board may allow the District Manager, District Counsel, or other designee to conduct negotiations on its behalf.

Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.

Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by both parties. The written contract shall include all provisions and conditions of the procurement of such services and shall include, at a minimum, the following:

A provision specifying the services to be provided and fees or other compensation for such services;

A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;

A provision setting forth deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. The maximum contract period including renewals shall be five (5) years. A renewal may be done without the use of the auditor selection procedures provided in this Rule but must be in writing.

Provisions required by law that require the auditor to comply with public records laws.

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 119.0701, 218.33, 218.391, Fla. Stat.

Rule 3.3	Purchase of Insurance.

Scope. The purchases of life, health, accident, hospitalization, legal expense, or annuity insurance, or all of any kinds of such insurance for the officers and employees of the District, and for health, accident, hospitalization, and legal expenses upon a group insurance plan by the District, shall be governed by this Rule. This Rule does not apply to the purchase of any other type of insurance by the District, including but not limited to liability insurance, property insurance, and directors and officers insurance. Nothing in this Rule shall require the District to purchase insurance.

Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed:

The Board shall cause to be prepared a Notice of Invitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fourteen (14) days for submittal of bids.

The District may maintain a list of persons interested in receiving notices of Invitations to Bid. The District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process.

Bids shall be opened at the time and place noted in the Invitation to Bid.

If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.

The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements.

Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies that have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to the District officers, employees, or their dependents, the geographic location of the company’s headquarters and offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance

shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 112.08, Fla. Stat.

Rule 3.4	Pre-qualification

Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.

Procedure. When the District seeks to pre-qualify vendors, the following procedures shall apply:

The Board shall cause to be prepared a Request for Qualifications.

For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre- qualification criteria and procedures and allow at least seven (7) days notice of the public hearing for comments on such pre-qualification criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt pre-qualification criteria and procedures prior to the advertisement of the Request for Qualifications for construction services.

The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (21) days for submittal of qualifications for construction services estimated to cost over two hundred fifty thousand dollars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dollars ($500,000).

The District may maintain lists of persons interested in receiving notices of Requests for Qualifications. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any pre-qualification determination or contract awarded in accordance with these Rules and shall not be a basis for a protest of any pre-qualification determination or contract award.

If the District has pre-qualified vendors for a particular category of purchase, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies or responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

In order to be eligible to submit qualifications, a firm or individual must, at the time of receipt of the qualifications:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence of compliance with these Rules must be submitted with the qualifications if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the qualifications.

Qualifications shall be presented to the Board, or a committee appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.

All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision of qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of qualification preparation or submittal from the District.

Notice of intent to pre-qualify, including rejection of some or all qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail, hand delivery, facsimile, or overnight delivery service. The notice

shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11; provided however, protests related to the pre- qualification criteria and procedures for construction services shall be resolved in accordance with section (2)(b) of this Rule and Section 255.20(1)(b) of the Florida Statutes.

Suspension, Revocation, or Denial of Qualification

The District, for good cause, may deny, suspend, or revoke a prequalified vendor’s pre-qualified status. A suspension, revocation, or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qualification is required, shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract, and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:

One of the circumstances specified under Section 337.16(2), Fla. Stat., has occurred.

Affiliated contractors submitted more than one proposal for the same work. In this event the pre-qualified status of all of the affiliated bidders will be revoked, suspended, or denied. All bids of affiliated bidders will be rejected.

The vendor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for payment or any information required by any District contract.

The vendor or its affiliate defaulted on any contract or a contract surety assumed control of financial responsibility for any contract of the vendor.

The vendor’s qualification to bid is suspended, revoked, or denied by any other public or semi-public entity, or the vendor has been the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

The vendor failed to comply with contract or warranty requirements or failed to follow District direction in the performance of a contract.

The vendor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any state or federal statutes or regulations. If the vendor fails to furnish any of the subject contract documents by the expiration of the period of suspension,

revocation, or denial set forth above, the vendor’s pre-qualified status shall remain suspended, revoked, or denied until the documents are furnished.

The vendor failed to notify the District within 10 days of the vendor, or any of its affiliates, being declared in default or otherwise not completing work on a contract or being suspended from qualification to bid or denied qualification to bid by any other public or semi-public agency.

The vendor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor quality workmanship, a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.

An affiliate of the vendor has previously been determined by the District to be non-responsible, and the specified period of suspension, revocation, denial, or non-responsibility remains in effect.

The vendor or affiliate(s) has been convicted of a contract crime.

The term “contract crime” means any violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract.

The term “convicted” or “conviction” means a finding of guilt or a conviction of a contract crime, with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

A denial, suspension, or revocation shall prohibit the vendor from being a subcontractor on District work during the period of denial, suspension, or revocation, except when a prime contractor’s bid has used prices of a subcontractor who becomes disqualified after the bid, but before the request for authorization to sublet is presented.

The District shall inform the vendor in writing of its intent to deny, suspend, or revoke its pre-qualified status and inform the vendor of its right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the receipt of the notice of intent, the

hearing shall be held within 30 days after receipt by the District of the request for the hearing. The decision shall be issued within 15 days after the hearing.

Such suspension or revocation shall not affect the vendor’s obligations under any preexisting contract.

In the case of contract crimes, the vendor’s pre-qualified status under this Rule shall be revoked indefinitely. For all violations of Rule 3.4(3)(a) other than for the vendor’s conviction for contract crimes, the revocation, denial, or suspension of a vendor’s pre-qualified status under this Rule shall be for a specific period of time based on the seriousness of the deficiency.

Examples of factors affecting the seriousness of a deficiency are:

Impacts on project schedule, cost, or quality of work;

Unsafe conditions allowed to exist;

Complaints from the public;

Delay or interference with the bidding process;

The potential for repetition;

Integrity of the public contracting process;

Effect on the health, safety, and welfare of the public.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

Rule 3.5	Construction Contracts, Not Design-Build.

Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.

Procedure. When a purchase of construction services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3.4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the bidder is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to, reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response, if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and these Rules. Minor variations in the bids,

proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No contractor shall be entitled to recover any costs of bid, proposal, response, or reply preparation or submittal from the District.

The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may

proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

Sole Source; Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from this Rule. This Rule shall not apply to the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contract; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public’s best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.6	Construction Contracts, Design-Build.

Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section 287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design Criteria Package.

A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. If the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications-based selection process pursuant to Rule 3.1.

Qualifications-Based Selection. If the process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

Competitive Proposal-Based Selection. If the competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria Professional, shall establish the criteria, standards and procedures for the evaluation of Design-Build Proposals based on price, technical, and design aspects of the project, weighted for the project. After a Design Criteria Package and the standards and procedures for evaluation of proposals have been developed, competitive proposals from qualified firms shall be solicited pursuant to the design criteria by the following procedure:

A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one
(21) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of proposals.

The District may maintain lists of persons interested in receiving notices of Requests for Proposals. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

In order to be eligible to submit a proposal, a firm must, at the time of receipt of the proposals:

Hold the required applicable state professional licenses in good standing, as defined by Section 287.055(2)(h) of the Florida Statutes;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation;

Meet any special pre-qualification requirements set forth in the Request for Proposals and Design Criteria Package.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the proposal if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the proposal.

The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria Professional, the Board shall evaluate the proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3) Design-Build Firms as the most qualified.

The Board shall have the right to reject all proposals if the proposals are too high, or rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less than three (3) Responsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no Responsive Proposals are received, the District may proceed with the procurement of design-build services in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the design-build services without further competitive selection processes.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the

District’s rankings under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the second most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the third most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings of the project.

The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and project construction with the Design Criteria Package and shall provide the Board with a report of the same.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified Design-Build Firm available at the time. The fact that an Emergency Purchase has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public’s best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.7	Payment and Performance Bonds.

Scope. This Rule shall apply to contracts for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work and shall be construed in addition to terms prescribed by any other Rule that may also apply to such contracts.

Required Bond. Upon entering into a contract for any of the services described in section (1) of this Rule in excess of $200,000, the Board should require that the contractor, before commencing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.

Discretionary Bond. At the discretion of the Board, upon entering into a contract for any of the services described in section (1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 255.05, Fla. Stat.

Rule 3.8	Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, shall be purchased under the terms of this Rule. Contracts for purchases of “goods, supplies, and materials” do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of goods, supplies, or materials is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre- qualified will be eligible to submit bids, proposals, replies, or responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Any firm or individual whose principal place of business is outside the State of Florida must also submit a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that foreign state to business entities whose principal places of business are in that foreign state, in the letting of any or all public contracts. Failure to submit such a written opinion or submission of a false or misleading written opinion may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and this Rule. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of

Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference equal to the preference granted by such foreign state.

To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s purchase of goods, supplies, and materials under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the goods, supplies, and materials without further competitive selection processes.

Goods, Supplies, and Materials included in a Construction Contract Awarded Pursuant to Rule 3.5 or 3.6.	There may be occasions where the District has

undergone the competitive purchase of construction services which contract may include the provision of goods, supplies, or materials. In that instance, the District may approve a change order to the contract and directly purchase the goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract shall be exempt from this Rule.

Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process. This Rule shall not apply to the purchase of goods, supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a maximum period of five (5) years.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.053, 190.033, 287.017, 287.084, Fla. Stat.

Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of maintenance services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of maintenance services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, and responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and these Rules. Minor variations in the bids, proposals, replies, and responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted in response to an Invitation to Bid by a Responsive and Responsible Bidder shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate or Competitive Solicitation the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, or responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No Vendor shall be

entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the maintenance services without further competitive selection processes.

Exemptions. Maintenance services that are only available from a single source are exempt from this Rule. Maintenance services provided by governmental agencies are exempt from this Rule. A contract for maintenance services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for a maximum period of five (5) years.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.
Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

Rule 3.10	Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules, including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.

Contracts; Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, Fla. Stat.

Rule 3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8,
and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.

Filing.

With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after the first advertisement of the Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District’s intended decision. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

Except for those situations covered by subsection (1)(a) of this Rule, any firm or person who is affected adversely by a District’s ranking or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9 and desires to contest the District’s ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District’s ranking or intended award. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District’s ranking or intended award. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

If the requirement for the posting of a protest bond and the amount of the protest bond, which may be expressed by a percentage of the contract to be awarded or a set amount, is disclosed in the District’s competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3,

3.4, 3.5, 3.6, 3.8, or 3.9, any person who files a notice of protest must post the protest bond. The amount of the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any, imposed by Florida law. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District’s costs, expenses, and attorney’s fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

The District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

Contract Execution. Upon receipt of a notice of protest which has been timely filed, the District shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materially increase the cost of the project, or will create an immediate and serious danger to the public health, safety, or welfare, the contract may be executed.

Informal Proceeding. If the Board determines a protest does not involve a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceeding shall be at a time and place determined by the Board. Notice of such proceeding shall be sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision.

Formal Proceeding. If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided for in section (3) of this Rule, the District shall schedule a formal hearing to resolve the protest. The Chairperson shall designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer to conduct the hearing.  The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. The District shall allow each party fifteen
(15) days in which to submit written exceptions to the recommended order. The District shall issue a final order within sixty (60) days after the filing of the recommended order.

Intervenors. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Rejection of all Qualifications, Bids, Proposals, Replies and Responses after Receipt of Notice of Protest. If the Board determines there was a violation of law, defect, or an irregularity in the competitive solicitation process, the Bids, Proposals, Replies, and Responses are too high, or if the Board determines it is otherwise in the District’s best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 190.033, Fla. Stat.

Rule 4.0	Effective Date.

These Rules shall be effective September 21, 2021, except that no election of officers required by these Rules shall be required until after the next regular election for the Board.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

Midtown Improvement District

Resolution 2021-37, Adopting Rules of Procedure

RESOLUTION 2021-37

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT ADOPTING RULES OF PROCEDURE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Midtown Improvement District (“District”) is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Florida; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of District business; and

WHEREAS, to provide for efficient and effective District operations and to maintain compliance with recent changes to Florida law, the Board of Supervisors finds that it is in the best interests of the District to adopt by resolution the Rules of Procedure attached hereto as Exhibit A for immediate use and application; and

WHEREAS, the Board of Supervisors has complied with applicable Florida law concerning rule development and adoption.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MIDTOWN IMPROVEMENT DISTRICT:

SECTION 1. The attached Rules of Procedure are hereby adopted pursuant to this resolution as necessary for the conduct of District business. These Rules of Procedure replace all prior versions of the Rules of Procedure, and shall stay in full force and effect until such time as the Board of Supervisors may amend these rules in accordance with Chapter 190, Florida Statutes.

SECTION 2. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 3. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 21ST day of September, 2021.

ATTEST:			MIDTOWN IMPROVEMENT DISTRICT	
Secretary

Exhibit A:	

Rules of Procedure		Chairperson, Board of Supervisors	

EXHIBIT A:	
RULES OF PROCEDURE

Midtown Improvement District

Payment Authorization Nos. 001 – 008

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #001

7/9/2021

Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Supervisor Fees - 07/07/2021 Meeting
Richard Levey	

--	

$	200.00	
		
TOTAL	
$	200.00	

Chairperson

By Amanda Lane at 8:46 am, Jul 12, 2021

Midtown Improvement District c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5925 // LaneA@pfm.com

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #002
7/16/2021

Item	Payee	Invoice	General	
No.		Number	Fund	

1	
Orlando Sentinel				
	Legal Advertising on 06/30/2021	OSC38878364	$	222.50	
		
TOTAL	
$	
222.50	

Chairperson

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #003
7/30/2021

Item
No.	Payee	Invoice
Number	General
Fund	

1	
PFM Group Consulting
DM Fee: July 2021	

DM-07-2021-31	

$ 2,916.67	
	June Remibursables	OE-EXP-07-28	$	36.68	
2	Supervisor Fees - 07/20/2021 Meeting
Richard Levey	
--	
$	200.00	
		
TOTAL	
$ 3,153.35	

Chairperson

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #004

8/6/2021		
Item No.	Payee	Invoice Number	General Fund	

1	
Donald W McIntosh Associates
Engineering Services Through 07/16/2021				
		41415	$	573.50	
2	Hopping Green & Sams
General Counsel Through 06/30/2021				
		124134	$	3,318.00	
		
TOTAL	
$	
3,891.50	

Chairperson

By Amanda Lane at 3:29 pm, Aug 13, 2021

Midtown Improvement District c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5925 // LaneA@pfm.com

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #005
8/13/2021

Item	Payee	Invoice	General	
No.		Number	Fund	

1	
Orlando Sentinel				
	Legal Advertising on 07/13/2021	OSC39513391	$	215.00	
		
TOTAL	
$	
215.00	

Chairperson

By Amanda Lane at 3:29 pm, Aug 13, 2021

Midtown Improvement District c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5925 // LaneA@pfm.com

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #006
8/20/2021

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Orlando Sentinel
Legal Advertising on 07/26/2021 & 08/02/21 (Ad: 6994648)	

OSC40525297	

$	695.00	
2	PFM Group Consulting
July Billable Expenses	
116564	
$	93.13	
	DM Fee: August 2021	DM-08-2021-31	$ 2,916.67	
3	Supervisor Fees - 08/17/2021 Meeting
Richard Levey	
--	
$	200.00	
		
TOTAL	
$ 3,904.80	

Chairperson

By Amanda Lane at 3:31 pm, Aug 20, 2021

Midtown Improvement District c/o PFM Group Consulting 3501 Quadrangle Blvd. Ste. 270
Orlando, FL 32817
(407) 723-5925 // LaneA@pfm.com

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #007
8/27/2021

Item	Payee	Invoice	General	
No.		Number	Fund	

1	
Hopping Green & Sams
General Counsel Through 07/31/2021				
		124640	$	3,099.79	
2	Orlando Sentinel
Legal Advertising on 08/10/21 (Ad: 7010907) Legal Advertising on 08/10/21 (Ad: 7010910)				
		OSC40845858 OSC40845858	$
$	481.26
237.50	
		
TOTAL	
$	
3,818.55	

Chairperson

By Amanda Lane at 2:05 pm, Aug 27, 2021

Midtown Improvement District c/o PFM Group Consulting 3501 Quadrangle Blvd. Ste. 270
Orlando, FL 32817
LaneA@pfm.com // (407) 723-5925

MIDTOWN IMPROVEMENT DISTRICT

Payment Authorization #008	
9/3/2021					
Item	Payee	Invoice	General	
No.		Number		Fund	

1	
Donald W McIntosh Associates				
	Engineering Services Through 08/13/2021	41524	$	319.00	
		
TOTAL	
$	
319.00	

Chairperson

By Amanda Lane at 3:45 pm, Sep 03, 2021

Midtown Improvement District c/o PFM Group Consulting
3501 Quadrangle Boulevard, Ste. 270
Orlando, FL 32817
LaneA@pfm.com // (407) 723-5925

Midtown Improvement District

Work Authorization/Proposed Services
(if applicable)

,	 	..,

J	_

SEGMENT "A"

I	I	---	-----

SEG	T II

ERAN'S
TION AL
L£X

LAUREAlE BOULEVARD

DESIGN/CONSTRUCTION TIMELINE

	START	
A	TBD	TBD	
B	UNDERWAY	Q1 2022	
C	UNDERWAY	Q1 2022	
D	UNDERWAY	Q1 2022	
E	COMPLETED	COMPLETED	
F	COMPLETED	UNDERWAY	
G	COMPLETED	UNDERWAY	
H	TBD	TBD	

SEGMENT	DESIGN START	CONSTRUCTION

SEGMENT "H"'
[l

/	 \\\v/

f

\	11	I	I	I\	\	\
11	I	I	I	\\	\

:......

-   -	---     --

\	/

■■■

1000	0	1000
Scale: 1" = 1000'

IUI

N	JULY 19, 2021
DONALD W. MclNTOSH	Assoc1ATES,        1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 CERTIFICATE OF AUTHORIZATION NO. LB68

RESIDENTIAL ROADWAYS  ANO  TRACTS  ARE DIAGRAMMATIC  AND  SUBJECT  TO  CHANGE

Printed:    Mon 19-Jul-2021 - OJ: 4JPM
F: \Pro}200J\2J216\Sdwg\exhll>lts\202l-07-19 Centerline Drive E:xhll>lt.dwg

MIDTOWN IMPROVEMENT DISTRICT

Recommendation for Work Authorization/ Proposed Services

Project Name: Centerline Drive - Segments F

Brief Description: Survey Services for additional eight utility easements

 Name  ofConsultantNendor:	Donald W. McIntosh Associates, Inc.	

Is this work pursuant to an existing Agreement?

 If so, name and date of Agreement:	/		Yes	

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

Are the services required contemplated in the Capital Improvement Plan?	
/		
Yes	

---	No

---	No

Is this a continuation of previously authorized work?

LYes

 		No

---	No

Proposal attached:	_L_Yes

---	No

Form of Agreement Utilized:_P_r_o....._p_o_s_al	_

Amount of Services:

Recommendation:

$6,400.00	

/	Approve	Deny

By:	9'. /1 Z/	
rry	ann, Chairman
Midtown Improvement District Construction Committee

c:	Jennifer Walden Tucker Mackie Jeffrey Newton Lynne Mullins

DONALD W. MCINTOSH ASSOCIATES, INC.

September 2, 2021 rlevey@boggycreekid.org

Dr. Richard Levey, Chairman Board of Supervisors
Midtown Improvement District
3501 Quadrangle Boulevard
Suite 270
Orlando, Florida 32817

Re:	Centerline Drive Phase 2 (Segment F)
Preparation of Sketches of Descriptions for Utility Easements DWMA Job No. 17141 (056)

C1VIL ENGINEERS

LAND PLANNERS

SURVEYORS

2200 Park Ave. North

Winter Park, FL

32789-2355

Fax407-644-8318

407-644-4068

Dear Mr. Levey:

As requested by Developer representative Mr. Dan Young, Donald W. McIntosh Associates, Inc. (DWMA) is pleased to submit for your consideration this Work Authorization to provide additional professional surveying services to the Midtown Improvement District ("CLIENT") for Centerline Drive Phase 2 (Segment F) ("Project") as detailed in the scope of work below. DWMA will provide these Additional Services pursuant to our current agreement  dated July 7, 2021 ("Engineering Agreement") and the attached Basis of Proposal and Client Responsibilities as follows:

Scope of Work

PROFESSIONAL SURVEYING & MAPPING
A. LEGAL DESCRIPTIONS AND SKETCHES -  Preparation  of  eight  (8) miscellaneous sketches of legal descriptions for easement documents being prepared by others.

FEE SCHEDULE

Contract Item	Billing Item	
Description	
Fee	
		Professional Surveying & Mapping		
A.	056	Legal Descriptions and Sketches	$6.400.00	
		TOTAL	$6,400.00	

Compensation

CLIENT will compensate DWMA such fixed fees as are indicated above  next  to  each specific item of Services, and as may be charged from time to time in connection with Additional Services, plus Reimbursable Expenses pursuant to the Contract.

F:\Contract\Proposals\cp14287.doc

http://www.dwma.com

Dr. Richard Levey, Chairman Midtown Improvement District Centerline Drive Phase 2 (Segment F) DWMA Job No. 17141 (056)
September 2, 2021
Page 2 of 4

This proposal, together with the Engineering Agreement, represents the entire understanding between the Midtown Improvement District and Donald W. McIntosh Associates, Inc. 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 (executed electronic scanned copies are acceptable). Upon receipt, we will promptly schedule our services.

We appreciate your confidence in Donald W. McIntosh Associates, Inc., and look forward to continuing to serve you. Please contact the undersigned with any questions or clarification.

. MCINTOSH ASSOCIATES, INC.

Scott E. Grossman, PSM Executive Vice President
SEG/1s

ACCEPTANCE OF CONTRACT BY:

[Signature]	[Date]

[Name and Title]	[Company]

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

F:1Contract\Proposalslcp14287.doc

Dr. Richard Levey, Chairman

Midtown Improvement District
BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES DWMA Job No. 17141 (056)
September 2, 2021
Page 3 of4

BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES

Our Agreement is also based on the following conditions and limitations:

BASIS OF PROPOSAL
CLIENT has performed the necessary due diligence research to confirm that the site is suitable for the intended purpose.
The CLIENT is advised that concurrency management and comprehensive plan consistency will impact the land development process. Regulations regarding concurrency and consistency vary according to governmental jurisdiction.   The status of concurrency, consistency and, if applicable, vested rights must be addressed for all projects within the State of Florida. DWMA presumes the CLIENT is aware of the issues and resultant impacts described. DWMA disclaims responsibility for delays that may be encountered due to failure on the part of the CLIENT to address concurrency and consistency issues prior to initiation of Services proposed herein. DWMA is not responsible for changes to the approved plans that may alter the concurrency vesting status or for noncompliance on the part of the property owner with regard to the performance terms and conditions established in the vesting certificate.
DWMA will not be responsible for any circumstances, acts, errors, omissions or events, of any type, beyond its control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency, or the existence of hazardous waste of any type associated with the Project. No Services associated with hazardous waste of any type are included in any way in this Agreement.
Without limitation, architectural, traffic engineering (e.g., studies, signalization}, structural engineering (e.g., retaining walls, bridges, docks), mechanical engineering (e.g., fire pumps), fire protection engineering (e.g., dedicated fire lines beyond the point of service}, electrical engineering, geotechnical engineering and testing, environmental assessment, landscape and irrigation design, non-civil utility engineering (e.g., power, gas, telephone, cable television, site lighting) and any other professional or consultant services required by CLIENT and not undertaken by DWMA, shall be retained separately by the CLIENT. No Services are included in this Agreement other than those specifically listed herein.
DWMA may be mandated by regulatory authorities to incorporate findings, requirements and details of design in their construction plans that are prepared by professional geotechnical engineers and not by DWMA. In doing so, DWMA assumes no responsibility or liability for the design, construction or operation of geotechnical engineering components which may include, but not be limited to, underdrains, ground stabilizers, backfills, embankments, etc. CLIENT must also recognize that some of these systems (i.e., underdrains, etc.) usually require extensive field supervision during construction and certification after construction. These systems are subject

to damage by other activities during or after infrastructure construction such as other utility installations (power, telephone, cable, gas, etc.). DWMA assumes no liability for damages to any design element caused by the improper design, construction, operation or maintenance of improvements designed by others.
DWMA, in and through its review and/or use of design and calculations prepared by others, is not responsible for or liable for error or omissions in the design and permitting services provided by others. CLIENT's consultants will provide DWMA with permission to utilize and rely upon their work product as the basis ofDWMA's design. Certain elements designed by others may be shown in DWMA construction plans for context only.
DWMA's performance and work product quality is dependent upon the timely provision of services from CLIENT-selected and contracted third-party consultants, including but not limited to geotechnical engineer, environmental consultant, transportation engineer, landscape/hardscape/irrigation designer and/or legal consultant whose services, while coordinated to the extent possible, are beyond the scope of responsibility of DWMA.
If locating underground utilities is expressly included in the Services, DWMA will locate such underground utilities as may be marked by a utility locating service retained by CLIENT. DWMA shall not be liable for showing any utility lines not marked by the locating company. DWMA cannot and does not guarantee or warranty that unidentified utilities will not be encountered.
Any opinion of construction cost prepared by DWMA represents its judgment as a design professional and is supplied for the general guidance of the CLIENT only since DWMA has no control over the cost of labor and material or over competitive bidding or market conditions. DWMA does not warrant or guarantee the accuracy of such opinions.
No permit applications or negotiations with regulatory agencies or permitting authorities are included other than those specifically listed herein.
If construction services or observation of construction are included herein, the Services included by DWMA will be to conduct periodic visits and observations to determine that the Work generally conforms or will conform to the applicable contract documents in relation to DWMA's engineering Services. DWMA's Service shall not include determining, supervising, implementing, or undertaking the responsibilities of the contractor, subcontractors or others, regarding means, methods, techniques, sequences and procedures of construction, nor for job conditions, safety precautions or programs. Construction phase services for systems designed and permitted by others are not included.
Construction phase retesting resulting from failures or no­ shows, and therefore requiring additional site visits, shall be additional services and is not included in the scope of this agreement. Such services will be invoiced separately

F:\Contract\Proposals\cp14287.doc

Dr. Richard Levey, Chairman

Midtown Improvement District
BASIS OF PROPOSAL AND CLIEm RESPONSIBILITIES DWMA Job No. 17141 (056)
September 2, 2021
Page 4 of 4

on an hourly basis for back-charge to the contractor by CLIENT.
CLIENT's contractor and/or surveyor will provide certified as-built surveys prepared by a Florida-licensed surveyor for DWMA's use and reliance in preparing project certifications and/or record drawings. Any as-built surveys required to be performed by DWMA due to failure of contractor's surveyor to provide accurate and complete survey data will be invoiced separately on an hourly basis for back-charge to the contractor by CLIENT.
Federal Emergency Management Agency (FEMA) Map revisions or amendments which may be required by regulatory agencies or lenders are not included unless specifically listed in Basic Services.
Provision of customized digital data files to CLIENT, CLIENT's consultants and/or CLIENT's contractor is not included. DWMA work product will be prepared digitally in AutoCAD Civi13D® 2018 or later.
CLIENT RESPONSIBILITIES
The CLIENT, or his representative, shall be available to meet with DWMA and provide decisions in a timely manner throughout the course of the Project.
The CLIENT will provide DWMA with plans and other pertinent information which may be necessary to properly survey or engineer the Project.
Prior to initiation of preliminary or final design, an approved site plan and final dimensioned building footprint(s) will be provided to DWMA by CLIE1'ff, which will be complete with final geometry, and will be relied upon by DWMA.
The CLIENT will engage a professional geotechnical engineer to provide necessary hydrogeologic design support, relevant construction specifications for earthwork items and required construction inspection and certification. CLIENT's geotechnical engineer shall be responsible for final certification of all flexible and rigid pavement. DWMA has the CLIENT's authority to rely on this professional information as a basis for its design Services and certifications.
The CLIENT will engage a professional environmental consultant to provide jurisdictional determinations and necessary design and permitting support for wetland and special species issues.
The CLIENT will engage a professional environmental firm or firms who specialize in all matters relating to "hazardous" or "special" materials wastes, deposits, soils, contamination, etc., as may be required to support permitting or construction of the Project.
The CLIENT will engage a professional landscape architect to provide landscape and irrigation design related to the development of the property as intended by CLIENT.
The CLIENT will engage a professional architect to perform all architectural services including, without limitation, incorporation of the work product of DWMA, and compliance with local, state or federal laws,

regulations, codes and Americans with Disabilities Act ("ADA") requirements.
The CLIENT will engage a professional transportation consultant to provide analysis related to development of the property as intended by CLIENT, including but not limited to traffic studies, determination of tum Jane requirements, .traffic signal design, Maintenance of Traffic (MOT) plans and roundabout geometry, striping and signage design.
The CLIENT will engage a professional legal counselor to provide legal services related to development of the property as intended by CLIENT.
The CLIENT will engage a professional state licensed hydrogeologist for completion of hydrologic data required in support ofa Consumptive Use/Water Use Permit.
The CLIENT will engage a professional archaeologist to provide archaeological analysis related to development of the property as intended by CLIENT.
The CLIENT agrees that DWMA shall have no responsibility for the accuracy of information provided by, or for any portion of the Project designed by the CLIENT or CLIENT's other consultants, or for compliance with local, state or federal ADA requirements.   DWMA shall not be required to check or verify the CLIENT' s or other consultants' work product, information, or construction documents and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents with applicable laws, codes, statutes, ordinances, and regulations, including, without limitation, ADA requirements.   The CLIENT also agrees to require all other consultants engaged by the CLIENT to coordinate their design or construction documents or reports with the work product of DWMA, to promptly report any conflicts or inconsistencies to DWMA and to cooperate fully in the resolution of those conflicts or inconsistencies. The CLIENT further agrees, to the fullest extent permitted by law, to indemnify and hold harmless DWMA from any claims, damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising out of or relating to false, inaccurate, or non­ compliant information provided by CLIENT or its other consultants, or the services performed by other consultants engaged by the CLIENT.
The CLIENT or CLIENT's contractor shall obtain the required National Pollutant Discharge Elimination System (NPDES) permit for the Project.
The CLIENT will provide DWMA with all applicable operation and maintenance budgets and budget reserve estimates for all gated communities prior to submittal of the final plat to satisfy local jurisdiction requirements.

F:\Contract\Proposals\cp14287.doc
DONALD W.  MclNTOSH Associates, Inc.
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789-2355 • (407] 644-4068 • FAX (407] 644-8318

MIDTOWN IMPROVEMENT DISTRICT
Recommendation for Work Authorization/ Proposed Services

Project Name: Centerline Drive - Segments F
Brief Description: Add Services #3 - Revise plans for change in OUC electrical service lines. FEMA LOMR-F application.

Name of Consultant Nendor:	Donald W. McIntosh Associates, Inc.	
Is this work pursuant to an existing Agreement?	✓ Yes	No If so, name and date of Agreement:

Is this project included in the District Capital Improvement Plan?

_L__Yes	No

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

Is this a continuation of previously authorized work?	_L___Yes	 	No

Proposal attached:	✓ Yes

No

Form of Agreement Utilized: -Pr�op-osa-l ---------

Amount of Services:	$ 23,290.00

Recommendation:

Approve	Deny

Larry Kaufman , Chairman
Midtown Improvement District Construction Committee
c:		Jennifer Walden Tucker Mackie Jeffrey Newton Lynne Mullins

DONALD W. MclNTOSH ASSOCIATES, INC.

Dr. Richard Levey, Chairman Board of Supervisors
Midtown Improvement District
3501 Quadrangle Boulevard, Suite 270
Orlando, Florida 32817

September 9, 2021

Re:	Centerline Drive Phase 2 (Segment F) Additional Services Agreement No. 03 DWMA Job No. 17141 (049-055)

Dear Mr. Levey:

CIVIL ENGINEERS

LAND PLANNERS

SURVEYORS

2200 Park Ave. North

Winter Park. FL

32789-2355

Fax407-644-8318

407-644-4068

Donald W. McIntosh Associates, Inc. (DWMA) is pleased to submit for your consideration this Work Authorization to provide additional professional surveying and  engineering services to the Midtown Improvement District ("CLIENT") for Centerline Drive Phase 2 (aka Segment F) ("Project").  The scope of this proposal  includes Additional Services related to the Orlando Utilities Commission's (OUC's) redesign of the primary electric distribution system, modification of Project  perimeter grading, and the filing of an application  for a Letter of Map Revision Based on Fill (LOMR-F) with the Federal Emergency Management Agency (FEMA), as required by the City of Orlando.

DWMA will provide these Additional Services pursuant to our current contract with the Midtown Improvement District dated July 7, 2021 ("Contract"), and the attached Basis of Proposal and CLIENT Responsibilities as follows:

Scope of Work
PART I - PROFESSIONAL SURVEYING & MAPPING

FEMA AS-BUILT SURVEY - FEMA as-built survey with a metes and bounds description of the Project area to be removed from the floodplain in support of the needed post-construction LOMR-F application.

PART II - CIVIL ENGINEERING

CONSTRUCTION PLAN REVISION - Prepare a revision to the approved Final Engineering Plans for the Project to convert the primary electric distribution system from the existing pull-box system design prepared under previous authorization to a duct bank manhole system per the OUC Site Plan dated 8/10/21, modify the open space grading along the Project perimeter to allow for landscaping, and remove mass grading of Parcel 24£.

SFWMD ERP REVISION APPLICATION - Preparation and submittal of a South Florida Water Management District (SFWMD) pennit application to revise the previously issued Environmental Resource Permit (ERP), reducing the overall limits of the Project.

F:\Contract\Proposals\cp14277.doc
_,../

http://www.dwma.com

Dr. Richard Levey, Chairman Board of Supervisors
Midtown Improvement District
Centerline Drive Phase 2 (Segment F) - OUC Conduit Plan Revisions and LOMR-F Additional Services Agreement No. 03
DWMA Job No. 17141 (049-055)
September 9, 2021
Page 2 of5

CONSTRUCTION PLAN REVISION PROCESSING -  Process  revised Construction  Plans and permit applications through the City of Orlando, SFWMD, and OUC.

MEETINGS AND COORDINATION - Coordinate and attend meetings with CLIENT and regulatory staff on construction plan revisions.

FEMA/LOMR-F - Design, preparation and submittal of a post-grading FEMA Letter of Map Revision based on Fill (LOMR-F) to remove the road right-of-way from the 100-year floodplain.

FEMA/LOMR-F PROCESSING - Process FEMA/LOMR-F through City of Orlando and FEMA.

FEE SCHEDULE

Contract Item	Billing Item	
Description	
Fee	
		Part I - Professional Surveying & Manning		
A.	049	FEMA As-Built Survey	$5,910.00	
		Subtotal	$5,910.00	
		Part II - Civil Engineering		
A.	050	Construction Plan Revision	$3,840.00	
B.	051	SFWMD ERP Revision Aoolication	2,460.00	
C.	052	Construction Plan Revision Processing	2,700.00	
D.	053	Meetings and Coordination	1,630.00	
E.	054	FEMA/LOMR-F	4,410.00	
F.	055	FEMA/LOMR-F Processing	2,340.00	
		Subtotal	$17,380.00	
		TOTAL	$23,290.00	

Compensation

CLIENT will compensate DWMA such fixed fees as are indicated below next to each specific item of Services, and as may be charged from time to time in connection with Additional Services, plus Reimbursable Expenses pursuant to the Contract.

This proposal, together with the Contract, represents the entire understanding between the Midtown Improvement District and Donald W. McIntosh Associates, Inc. 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 (executed electronic scanned copies are acceptable). Upon receipt, we will promptly schedule our services.

F:\Contract\Proposals\cp14277.doc

Dr. Richard Levey, Chairman Board of Supervisors
Midtown Improvement District
Centerline Drive Phase 2 (Segment F) - OUC Conduit Plan Revisions and LOMR-F Additional Services Agreement No. 03
DWMA Job No. 17141 (049-055)
September 9, 2021
Page 3 of 5

We appreciate your confidence in Donald W. McIntosh Associates, Inc., and look forward to continuing to serve you. Please contact the undersigned with any questions or clarification.

Sincerely,

ORR/ls (12)

Attachments:  OUC Site Plan
Grading and Drainage Plan

ACCEPTANCE OF CONTRACT BY:

[Signature]	[Date]

[Name and Title]	[Company]

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

F:1Contract\Proposalslcp14277.doc

Dr. Richard Levey, Chairman

Midtown Improvement District
BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES DWM4 Job No. 17141 (049-055)
September 9, 2021
Page 4 o/5

BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES

Our Agreement is also based on the following conditions and limitations:

BASIS OF PROPOSAL
Project design and limits will be based generally on the enclosed OUC Site Plan dated 8/10/21 and the annotated Grading and Drainage Plan dated 8/24/21.
CLIENT has performed the necessary due  diligence research to confirm that the site is suitable for the intended purpose.
The CLIENT is advised that concurrency management and comprehensive plan consistency will impact the land development process. Regulations regarding concurrency and consistency vary according to  governmental jurisdiction.   The status  of concurrency,  consistency  and, if applicable, vested rights must be addressed  for  all projects within the State of Florida. DWMA presumes the CLIENT is aware of the issues and resultant impacts described. DWMA disclaims responsibility for delays that may be encountered due to failure on the part of the CLIENT to address concurrency and consistency  issues prior to initiation of Services proposed herein. DWMA is not responsible for changes to  the  approved  plans  that may alter the concurrency vesting status or for noncompliance on the part of the property owner  with regard to the  performance  terms  and  conditions established in the vesting certificate.
DWMA will not be responsible  for  any  circumstances, acts, errors, omissions or events, of any type, beyond its control including, without  limitation,  construction  costs, the acts or failures to act of any governmental or judicial agency, or the existence of hazardous waste of any type associated with the Project. No Services associated with hazardous waste of any type are included  in any  way  in this Agreement.
Without limitation, architectural, traffic engineering (e.g., studies, signalization), structural  engineering  (e.g., retaining walls, bridges, docks), mechanical engineering (e.g., fire pumps), fire protection engineering  (e.g., dedicated fire lines beyond the point of service), electrical engineering, geotechnical engineering and testing, environmental  assessment,  landscape  and  irrigation design, non-civil utility engineering (e.g., power, gas, telephone, cable television, site lighting) and any other professional or consultant services  required  by CLIENT and not undertaken by DWMA,  shall  be  retained separately  by the CLIENT. No Services are included in this Agreement other than those specifically  listed herein.
DWMA may be mandated by regulatory authorities to incorporate findings, requirements and details of design in their construction plans that are prepared by professional geotechnical engineers and not by DWMA. In doing so, DWMA assumes no responsibility or liability for  the design, construction or operation of geotechnical engineering components which may include, but not be limited to, underdrains, ground stabilizers, backfills,

embankments, etc. CLIENT  must  also  recognize  that some of these systems (i.e., underdrains, etc.) usually require extensive field supervision during construction and certification  after construction.  These systems are subject to damage by other activities during or after infrastructure construction such as other utility installations (power, telephone, cable, gas, etc.).   DWMA assumes no liability for damages to any design element caused by the improper design, construction, operation or maintenance of improvements designed by others.
DWMA, in and through  its review and/or  use of design and calculations prepared by others, is not responsible  for or liable for error or omiss;ons in  the  design  and permitting services provided by others. CLIENT's consultants will provide DWMA with permission to utilize and rely upon their work product as the basis of DWMA 's design. Certain elements designed by  others  may  be shown in DWMA construction plans for context only.
DWMA's performance and work product quality is dependent upon the timely provision of services from CLIENT-selected and contracted third-party consultants, including but not limited to geotechnical engineer, environmental consultant, transportation engineer, landscape/hardscape/irrigation designer and/or legal consultant whose services, while coordinated to the extent possible, are beyond the scope of  responsibility  of DWMA.
If locating underground utilities is expressly  included  in the Services, DWMA will  locate  such  underground utilities as may be marked by a utility locating service retained by CLIENT. DWMA shall not be liable for showing any utility lines not marked by the locating company. DWMA cannot and does not guarantee or warranty that unidentified utilities will not be encountered.
Any opinion of construction cost prepared by DWMA represents its judgment as a design professional and is supplied for the general guidance of  the CLIENT  only since DWMA has no control over the cost of labor and material or over competitive bidding or market conditions. DWMA does not warrant or guarantee  the accuracy  of such opinions.
No permit applications or negotiations with regulatory agencies or permitting authorities are included other than those specifically listed herein.
If construction services or observation of construction are included herein, the Services included by DWMA will  be to conduct periodic visits and observations  to determine that the Work generally conforms or will conform to the applicable contract documents in relation to DWMA's engineering Services. DWMA's Service shall not include determining, supervising, implementing,  or  undertaking the responsibilities of the contractor, subcontractors or others, regarding means, methods, techniques, sequences and procedures of construction, nor for job conditions, safety precautions or programs.  Construction  phase services for systems designed and permitted by others are not included.

Dr. Richard Levey, Chairman

Midtown Improvement District
BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES DWMA Job No. 17141 (049-055)
September 9, 2021
Page 5 of 5

Construction phase retesting resulting from failures or no­ shows, and therefore  requiring additional  site visits, shall be additional services and is not included  in the scope of this agreement.   Such services will be invoiced separately on an hourly basis for back-charge to the contractor by CLIENT.
CLIENT's contractor and/or  surveyor  will  provide certified as-built surveys prepared by a Florida-licensed surveyor for DWMA's use and  reliance  in  preparing project certifications and/or record drawings. Any as-built surveys required to be performed  by  DWMA  due  to failure of contractor's surveyor to provide accurate and complete survey data will be invoiced separately on an hourly basis for back-charge to the contractor by CLIENT.
Federal Emergency Management Agency (FEMA) Map revisions or amendments which may be required by regulatory agencies or lenders are not included unless specifically I isted in Basic Services.
Provision of customized digital data files to CLIENT, CLIENT's consultants and/or CLIENT's contractor is not included.  DWMA work product will be prepared digitally in AutoCAD Civil3D® 2018 or later.
CLIENT RESPONSIBILITIES
The CLIENT, or his representative, shall be available to meet with DWMA and provide decisions in a  timely manner throughout the course of the Project.
The CLIENT will provide DWMA with plans and other pertinent information which may be necessary to properly survey or engineer the Project.
Prior to initiation of preliminary or final design,  an approved site plan and final dimensioned building footprint(s) will be provided to DWMA  by  CLIENT, which will be complete with final geometry, and will be relied upon by DWMA.
The CLIENT will engage a professional geotechnical engineer to provide necessary hydrogeologic  design support, relevant construction specifications for earthwork items and required construction  inspection  and certification. CLIENT's geotechnical engineer shall be responsible for final certification of all flexible and rigid pavement. DWMA has the CLIENT's authority to rely on this professional information as a basis for its design Services and certifications.
The CLIENT will engage a professional environmental consultant to provide jurisdictional determinations and necessary design and permitting support for wetland and special species issues.
The CLIENT will engage a  professional  environmental firm or firms who specialize in all matters relating to "hazardous" or "special" materials wastes, deposits, soils, contamination, etc., as may be required to  support permitting or construction of the Project.
The CLIENT will engage a  professional  landscape architect to provide landscape and irrigation design related

to the development of the property as  intended  by CLIENT.
The CLIENT will engage a professional architect  to perform all architectural services including, without limitation, incorporation of the work product of DWMA, and compliance with local, state or federal  laws, regulations, codes and Americans with Disabilities Act ("ADA") requirements.
The CLIENT will engage a professional transportation consultant to provide analysis related  to development  of the  property  as  intended  by CLIENT,  including  but  not I imited to traffic studies, determination of turn lane requirements, traffic signal design, Maintenance of Traffic (MOT) plans and roundabout geometry, striping and signage design.
The CLIENT will engage a professional legal counselor to provide legal services related to development of the property as intended by CLIENT.
The CLIENT will engage a professional state licensed hydrogeologist for completion of hydrologic data required in support ofa Consumptive Use/Water Use Permit.
The CLIENT will engage a professional archaeologist to provide archaeological analysis related to development of the property as intended by CLIENT.
The CLIENT agrees that DWMA shall have no responsibility for the accuracy of information provided by, or for any portion of the Project  designed  by the CLIENT or CLIENT's other consultants, or for compliance  with local, state or federal  ADA requirements.   DWMA shall not be required to check or verify the CLIENT's or other consultants' work product, information, or construction documents and shall be entitled  to  rely on  the accuracy and completeness thereof, as well  as the compliance  of such documents with applicable laws, codes, statutes, ordinances, and regulations, including, without limitation, ADA  requirements.   The CLIENT  also agrees to require all other consultants engaged by  the  CLIENT  to coordinate their design or construction  documents  or reports with the work product of DWMA, to  promptly report any conflicts or inconsistencies to DWMA and to cooperate fully in the resolution of those conflicts or inconsistencies. The CLIENT further agrees, to the fullest extent permitted by law, to indemnify and hold harmless DWMA from any claims, damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising out of or relating to false, inaccurate, or non­ compliant information provided by CLIENT or its other consultants, or the services performed by other consultants engaged by the CLIENT.
The CLIENT or CLIENT's contractor shall obtain the required National Pollutant Discharge Elimination System (NPDES) permit for the Project.
The CLIENT will provide DWMA with all applicable operation and maintenance budgets and budget reserve estimates for all gated communities  prior to submittal  of the final plat to satisfy local jurisdiction requirements.

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Midtown Improvement District

District’s Financials

Midtown Improvement District Statement of Financial Position As of 8/31/2021

General Fund

Assets

Current Assets
Accounts Receivable - Due from Developer	$25,000.00 Accounts Receivable - Due from Developer

Capital Projects	Total Fund

$25,000.00
$7,303.75	7,303.75

Total Current Assets	$25,000.00		$7,303.75		$32,303.75	
Total Assets	$25,000.00		$7,303.75		$32,303.75	

Liabilities and Net Assets	
Current Liabilities						
Accounts Payable	$15,405.70				$15,405.70	
Deferred Revenue	25,000.00				25,000.00	
Accounts Payable			$7,303.75		7,303.75	
Deferred Revenue			7,303.75		7,303.75	
Total Current Liabilities	

$40,405.70		

$14,607.50		

$55,013.20	
Total Liabilities	$40,405.70		$14,607.50		$55,013.20	

Net Assets						
					0.00	
Current Year Net Assets - General Government	(15,405.70)				(15,405.70)	
					0.00	
Current Year Net Assets, Unrestricted			(7,303.75)		(7,303.75)	
Total Net Assets	

($15,405.70)		

($7,303.75)		

($22,709.45)	
						
Total Liabilities and Net Assets	$25,000.00		$7,303.75		$32,303.75	

Midtown Improvement District
Statement of Activities As of 8/31/2021	
	
General Fund		
Capital Projects Fund		
Total	

Revenues						
Total Revenues	$0.00		$0.00		$0.00	
Expenses						
Supervisor Fees	$600.00				$600.00	
Management	5,833.34				5,833.34	
Engineering	573.50				573.50	
District Counsel	6,417.79				6,417.79	
Travel and Per Diem	7.46				7.46	
Postage & Shipping	36.68				36.68	
Legal Advertising	1,851.26				1,851.26	
Miscellaneous	85.67				85.67	
Engineering			$5,848.75		5,848.75	
District Counsel			1,410.50		1,410.50	
Legal Advertising			44.50		44.50	
Total Expenses	

$15,405.70		

$7,303.75		

$22,709.45	
Other Revenues (Expenses) & Gains (Losses)						
Total Other Revenues (Expenses) & Gains (Losses)	$0.00		$0.00		$0.00	
Change In Net Assets	($15,405.70)		($7,303.75)		($22,709.45)	

Net Assets At Beginning Of Year	
$0.00		
$0.00		
$0.00	

Net Assets At End Of Year	
($15,405.70)		
($7,303.75)		
($22,709.45)