MINUTES OF MEETING
NORTH SPRINGS IMPROVEMENT
DISTRICT
The regular meeting of the Board of Supervisors of the North Springs
Improvement District was held on
Present and constituting a quorum were:
Salvatore Mendolia
President
Steve Mendelson
Secretary
Also present were:
John Petty
Manager
Dennis Lyles
Attorney
Jane Early
Engineer
John McKune
CH2M Hill
Jean M. Rugg
Janice Larned
FIRST ORDER OF BUSINESS
Roll Call
Mr. Mendolia
called the meeting to order and Mr. Petty called the roll.
SECOND ORDER OF BUSINESS
Approval of the Minutes of the June 8, 2006
Meeting
Mr. Petty stated each Board member received a copy of the minutes of the
There not being any,
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor the minutes of the
THIRD ORDER OF BUSINESS
Consideration of Permit for
Ms. Early stated this is a typical surface water management permit. It meets all District Criteria.
Mr. Mendolia asked what is the name?
Ms. Early responded it does not have a name yet. We call it the 65’
pod.
Mr. Mendolia asked is there a cross street on the back
road?
Ms. Early responded it is at the end. It is on the north side of
Mr. Mendolia asked is there only one section?
Ms. Early responded we do them as individual pods.
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor the permit application for Heron Bay North Plat 3
(65’s) was approved.
FOURTH ORDER OF BUSINESS
Consideration of Award of Contract and Associated
Agreements
A.
i. Award of
Contract
Ms. Early stated
I did a spreadsheet so you can see what the District’s prices are. This is the road going in between all of
the pods. We only had one
bidder. You can see the engineer’s
estimate and the bid from Florida Sewer and Water, Inc. The area highlighted in yellow is the
portion WCI will pay and the area highlighted in blue is the portion NSID will
pay with an advance funding agreement with WCI. The District’s portion is
$423,149.77.
Mr. Mendolia asked what does WCI pay?
Ms. Early responded they pay $697,855.68.
Mr. Mendolia asked do you think this is okay?
Ms. Early responded no, but one of the reasons we are not getting many
bidders is because Florida Sewer and Water, Inc. has been the lowest bidder on
all of the bids for the past three years by $150,000 to $200,000. People do not want to waste their time
because they know Florida Sewer and Water, Inc. is
going to come in with the best prices.
They are out there and they are already mobilized. We advertised in the paper twice. I faxed invitations to bid to 10
contractors. People pick up, but
there is a great deal of work to them.
They say they are busy in other areas.
Mr. Lyles stated the state statute we operate under is Chapter 255. Jobs over $200,000 have to be
competitively bid unless you go through another process such as
pre-qualification. We do it on a
competitive bid basis. If you only
get one response, it is sufficient to meet the statute. The statute also says if you do not get
any responsive bids, you can negotiate a contract directly and try to get the
best price. We are following the
law on all of these contracts. If I
see something telling me we are not, I will bring it to your
attention.
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor the contract for Heron Bay North Plat 3 (Spine
Roads) was awarded to Florida Sewer and Water, Inc.
ii. Funding Agreement
#454
Ms. Early stated
this is the funding agreement, which goes with the project we just awarded.
Mr. Petty stated the funding agreement is based on the issue of moving
the project along in a timely fashion.
You can see the breakdown as we award the contracts. You can see the engineer’s estimate and
what they planned on the District participation being. The main landowner is responsible for
the remainder. If we have extra
funds in our connection fees on the water and sewer side at the end of the day,
they can access those from us. They
are meant to pay back all the costs.
On MOTION by Mr. Mendolia seconded by Mr.
Mendelson with all in favor Funding Agreement #454 for Heron Bay North Plat 3
(Spine Roads) was approved.
B.
i. Award of
Contract
ii. Funding Agreement
#455
Ms. Early stated
this is the same area. It is for
the 50’ lots. I did the same split
out for you. The District’s portion
is $576,420.33 and WCI’s portion is $1,427,157.14.
Mr. Mendolia asked are many things being paid for by WCI?
Ms. Early responded yes. All
of the paving and drainage portions are being paid for by
WCI.
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor the contract for Heron Bay North Plat 3 (50’s)
was awarded to Florida Sewer and Water, Inc. and Funding Agreement #455 was
approved.
C.
i. Award of
Contract
ii. Funding Agreement
#456
Ms. Early stated
this is the same area, but the 65’ pod.
This was lower than the engineer’s estimate. The Districts portion is $688,195.88 and
WCI’s portion is $1,453,300.53.
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor the contract for Heron Bay North Plat 3 (65’s)
was awarded to Florida Sewer and Water and Funding Agreement #456 was
approved.
D.
i. Award of
Contract
ii. Funding Agreement
#457
Ms. Early stated
they were lower than the engineer’s estimate on this one as well. The District’s portion is $572,456.95
and WCI’s portion is $1,387,630.73.
On MOTION by Mr. Mendolia seconded by Mr.
Mendelson with all in favor the contract for Heron Bay North Plat 3 (75’s) was
awarded to Florida Water and Sewer and Funding Agreement #457 was
approved.
E.
Award of Contract for Cleaning of Six Culverts
Mr. Petty stated
if you recall at the last meeting we discussed the cost associated with sending
our divers in these pipes. The
engineer’s evaluated this and determined OSCHA changed their rules, which
increased our cost. They negotiated
with the contractor to bring as much economy possible within the confines of the
contract. We recommend award of
contract to Industrial Divers Corporation.
Mr. Mendolia asked is it a lump sum bid of $85,100?
Mr. Petty responded it is not to exceed $85,100.
Mr. Mendolia asked is it for six culverts?
Mr. Petty responded it is for six major arterial
connections.
Mr. McKune stated their bid was modified to be $3,700 per day, not to
exceed a total of $85,100.
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor the contract for cleaning of six culverts was
awarded to Industrial Divers Corporation.
FIFTH ORDER OF BUSINESS
Consideration of Work Authorizations
A. Work
Authorization #165 for Pump Station No. 1
Mr. Petty stated
this is something the manager discussed with the engineer. It has to do with how we pump water from
our drainage system through water management.
Mr. McKune stated all of the water in the District gets pumped to the
west into two pump stations. At
this stage there are four pumps, each with its own discharge line. One of them discharges south, two of
them discharge mainly into the
Mr. Mendolia asked why are they suggesting we pump north?
Mr. McKune responded when they did their modeling for
Mr. Mendelson asked what is the timeframe on this?
Mr. McKune responded we hope to get this done before we go into the
height of hurricane season.
Mr. Mendelson asked are you looking to complete it between August and
September?
Mr. McKune responded September.
Mr. Petty stated in an emergency we will get rid of the water. It is going to go over where it was
designed to go. This is a change in
policy by SFWMD. We talked to them
about it and understand why they want us to go up there. It is going to cost money to do so. I ask the engineer get as much
adaptability in this design because consideration might change again. I would like to see a manifold on the
discharge side so I can direct the water to any of the three options we
currently have. Mr. McKune was
talking about taking two to the north.
I would like to use all four.
Mr. Mendolia asked is it feasible?
Mr. McKune responded anything is feasible. It is a matter of money. We will take a look at it and see if we
can do it.
Mr. Petty stated staff recommends you allow the engineer the work
authorization to look into this issue.
On MOTION by Mr. Mendelson seconded by
Mr. Mendolia with all in favor Work Authorization #165 for Pump Station No. 1
was approved.
B. Work
Authorization #166 for School Site Roadway
Improvements
i. Funding
Agreement #458
Mr. Petty stated
I was told you may or may not want to talk about this.
Ms. Early stated I want to continue with it.
Mr. Petty stated this is for a school site roadway
improvement.
Ms. Early stated this project is for
Mr. Mendolia asked did the school board approve this?
Ms. Early responded I met with the school board. They have not seen the Interlocal
Agreement, but it was their suggestion to pursue it this
way.
Mr. Petty stated they came to us.
Mr. Lyles stated their idea is to save money because we have a contractor
mobilized and ready to work. They
approached us. We came up with a
formal agreement between this governmental entity and their governmental entity
in an Interlocal Agreement. We will
do the work with our contractor.
They will agree to fund everything to provide a smooth project with less
disruption to our residents. This
document was drafted on short notice.
There are a couple of details I want Ms. Early to announce for the record
so the Board knows what we are doing.
It is the exact location of where the work will go on. We described it already. This includes design as well as carrying
out the construction project. The
price will be negotiated by your staff and it will be paid for by the school
board. You will approve it because
it is under your control, but all of the funding will be by the school
board. If you are comfortable with
the concept of an Interlocal Agreement between the District and the school
board, a motion to authorize the execution of this agreement by the proper
District officials is in order.
Mr. Mendolia asked who will sign this?
Mr. Lyles responded you will.
You are the President and it will be attested to by the
Secretary.
Mr. Mendolia asked who will sign on the other end?
Mr. Lyles responded it will be signed by the chairperson of the school
board. It will be reviewed by the
school board attorney and voted on at one of their
meetings.
Mr. Mendelson asked is there a timeframe as to when this will be started?
Ms. Early responded we are going to have a preconstruction meeting with
Triple R. Paving, Inc. regarding
Mr. Lyles stated this agreement will protect you very
well.
On MOTION by Mr. Mendolia seconded by Mr.
Mendelson with all in favor the Interlocal Agreement with the School Board of
Broward County for the construction of turn lanes, Work Authorization #166 and
Funding Agreement #458 were approved.
SIXTH ORDER OF BUSINESS
Consideration of Change Orders
A.
Change Order No. 1 – Triple R. Paving, Inc. for
Ms. Early stated this is an increase, but it is all for WCI. They want Triple R. Paving, Inc. to fine
grade the lots in 65’ and 75’. They
received a price from Triple R. Paving, Inc., but since it is a contract with
everybody, it has to come through.
This is all a WCI cost. It
is a tri-party agreement so it has to go to everyone for
signature.
On MOTION Mr. Mendolia seconded by Mr.
Mendelson with all in favor Change Order No. 1 with Triple R. Paving, Inc. for
Heron Bay North Plats 3 & 4 Drainageways for a net increase of $451,305 was
approved.
B.
Change Order No. 3 –
Ms. Early stated
Florida Sewer and Water, Inc. is currently working on
Banyan Isles at Sable Point. They
have an open contract. Mr. Wapa has
been working with my inspector.
There is no access road to lift station 11. It is very soft material and the trucks
get stuck. Mr. Wapa suggests
putting pavers. We are doing what
we have on all of the new lift stations.
We put it on a design and received a price from Florida Sewer and Water,
Inc. We have an open contract. We want to change order it so they can
install it for District personnel.
On MOTION Mr. Mendelson seconded by Mr.
Mendolia with all in favor Change Order No. 3 with Florida Sewer and Water, Inc.
for Banyan Isles and Sable Point for a net increase of $15,699 was
approved.
SEVENTH ORDER OF BUSINESS
Staff Reports
A.
Manager’s Report – Questions and Comments on the Proposed
Budget
Mr. Petty stated I have this on the agenda in case there are any items
you wish to add or discuss.
Mr. Mendolia asked what is happening with the clubhouse in regard to
repairs?
Mr. Petty responded the structural engineer just finished his inspection
report and passed it on to our engineer.
We received preliminary settlement offers from our insurance
company. We sent the checks
back.
Mr. Mendolia stated they are not sufficient.
Mr. Petty stated before I accept money, I need to know the extent of the
damage. The tennis courts damaged
after the storm are up and running. Our engineers are working on the design
concept for the additional tennis courts we discussed at the last meeting. We have a few odds and ends, which are
special order items, such as light fixtures and benches. We had WCI staff over a few days ago to
go over the structural elements. We
are going to rebuild the pool and redo the diamond bright. We have a few repairs to be done in the
building. There is a great deal of
tile work to be done on the roof.
Mr. Mendolia asked will the roof be repaired?
Mr. Petty responded they will install new tiles.
Mr. Mendolia asked who is the contractor?
Mr. McKune responded we do not have one yet.
Mr. Petty stated the structural engineer just completed this report. We are hopeful we will be able to do
this with as few contractors as possible.
B.
Attorney’s Report – Acceptance of Settlement with Luke’s Landscaping,
Inc.
Mr. Petty stated
there was trouble with the landscaper in Heron Point approximately a year
ago. Residents were not happy with
the quality of work. The HOA has a
landscape committee. We look to
them to see if they were happy and they were not. Mr. Baldis took a look at it and took
pictures of what he believed the deficiencies of the contract were at the
time. He took a maximum amount of
money and held it subject to the evaluation of whose fault this was. I took a look at it when I came on
line. We came to a determination of
what was to be held realistically and what should be paid to the
contractor. There is a settlement
offer from Luke’s Landscaping, Inc. and management feels it is
fair.
Mr. Lyles stated Luke’s Landscaping is the contractor in question. They were fired. They made a claim through their
attorneys for work they believe they did properly and they want to be paid for
it. They did not challenge their
termination. We have another
contractor in place and the homeowners are happy. We still have this leftover claim for
work they did, which we withheld payment on because we wanted to make sure we
had all of the strings tied up neatly.
It was as much as $19,000 at one point. They have agreed to accept $10,000 in
full and final payment for all claims they may have under their previous
contract with the District.
District staff agrees $10,000 covers work done properly under
contract. They will give us a
complete release and hold harmless agreement. They can never pursue any claims against
the District for anything arising out of the contract or this work we are
talking about. Mr. Petty explained
the history and I explained the legalities. We both recommend accepting the releases
and approving payment to Luke’s Landscaping, Inc. to wrap up the final contract
payment. We are not in suit. This is not a settlement of a lawsuit
because they have not sued us yet.
We have three days after today’s meeting to come through with this
payment to avoid it becoming a lawsuit.
Mr. Mendolia asked where will the $10,000 come from?
Mr. Petty responded it is coming from their section of the budget. The money has been
held.
On MOTION by Mr. Mendolia seconded by Mr.
Mendelson with all in favor payment in the amount of $10,000 to Luke’s
Landscaping, Inc. to accept full release was
approved.
C.
Engineer
There being no
report, the next item followed.
EIGHTH ORDER OF BUSINESS
Approval of Requisitions and Invoices
There being no questions or comments,
On MOTION by Mr. Mendolia seconded by Mr.
Mendelson with all in favor the requisitions and invoices were
approved.
NINTH ORDER OF BUSINESS
Supervisor’s Request and Audience Comments
There not being any, the next item followed.
TENTH ORDER OF BUSINESS
Adjournment
There being no
further business,
On MOTION by Mr. Mendolia seconded by Mr.
Mendelson with all in favor the meeting was adjourned at
Steve Mendelson
Salvatore
Mendolia
Secretary
President