2011-27703 Reso RESOLUTION NO. 2011 -27703
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE PROJECT
CONTINGENCY FOR THE WATER MAIN IMPROVEMENTS PROJECT,
ALONG INDIAN CREEK DRIVE BETWEEN 25TH AND 41ST STREETS, IN
THE AMOUNT OF $1,197,966, FOR ADDITIONAL WORK, INCLUDING THE
TRANSFERRING OF WATER SERVICE CONNECTIONS TO THE NEWLY
INSTALLED 12 INCH WATER MAIN, PROVIDING ADDITIONAL TESTING
AND FLUSHING OF THE WATER MAIN NECESSARY FOR THE NEW
SERVICE TRANSFERS, AND RE- WORKING THE EXTENSION TO THE NEW
SEWER MAIN NECESSITATED BY A PREVIOUSLY IDENTIFIED FLORIDA
POWER AND LIGHT (FPL) DUCT BANK CONFLICT; WITH FUNDS FROM
PREVIOUSLY APPROPRIATED FUNDS IN THE FY 2008 -2009 CAPITAL
BUDGET; FURTHER APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL
RELEASE BETWEEN THE CITY AND THE PROJECT'S CONTRACTOR,
HORIZON CONTRACTORS, INC.
WHEREAS, the State of Florida Department of Transportation (FDOT) identified
the need to perform roadway milling and resurfacing along Indian Creek Drive, from 26
to 41 Street, as part of its five (5) year transportation plan; and
WHEREAS, the City had two (2) capital project elements which consisted of the
installation of a new 12 -inch diameter water transmission main along Indian Creek Drive,
from 26 to 41 Street, as well as the replacement of an existing 15 -inch diameter
wastewater interceptor along Indian Creek Drive, between 28 and 41 Streets; and
WHEREAS, on October 31, 2007, the City entered into a Joint Partnership
Agreement (JPA) with the Florida Department of Transportation (FDOT) for the
construction of roadway improvements along Indian Creek Drive, between 26 and 41
Streets; and
WHEREAS, on May 28, 2011, the City Commission, entered into a contract with
Horizon Construction, Inc. (Contractor), in the amount of $4,418,696, for construction
services for water mains, milling and resurfacing improvements along Indian Creek
Drive, between 26 and 41 Streets; and
WHEREAS, on September 15, 2010, the City Commission, through Resolution
No. 2010 - 27466, authorized additional funding, in the amount of $335,000, for
construction contingency for sanitary sewer main improvements; and
WHEREAS, the City and Contractor have had ongoing discussions with regard to
the alleged damage caused by the Contractor to an existing six (6) inch water distribution
main during the improvements made to the water main installation along Indian Creek
Drive, between 28 and 41 Streets (the City portion of the JPA Agreement); and
WHEREAS, City staff has reviewed and recommended the approval of eighteen
(18) change orders, totaling approximately $1,998,580.07, resulting in a revised contract
sum to date of $6,078,724.93; and
WHEREAS, the City and Contractor have agreed to enter into a Settlement
- _ r
1
Agreement and Mutual Release (Agreement) in order to define the terms and conditions
of payment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize an increase to the project contingency,
for additional work, including the transferring of water service connections to the newly
installed 12 inch water main; providing additional testing and flushing of the water main
necessary for the new service transfers; and re- working the extension to the new sewer
main necessitated by a previously identified Florida Power And Light (FPL) duct bank
conflict; with funding from previously appropriated funds in the FY 2008 -2009 Capital
Budget; and further authorize the Mayor and City Clerk to execute the Settlement
Agreement and Mutual Release between the City and the Project's contractor, Horizon
Contractors, Inc.
PASSED and ADOPTED this 131AI day of Jk 1 / 2011.
ATTEST:
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ROBERT ��..,�•,_1 : CITY CLERK Edward L. Tobin
1 bd 4 4., Vice -Mayor
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APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
Request for approval to authorize additional funding in the amount of $1,197,966 for construction
contingency on the Indian Creek Improvements Project and further authorizing execution of a Settlement
Agreement and Mutual Release between the City and the project's contractor, Horizon Contractors, Inc.
Key Intended Outcome Supported:
Ensure well maintained infrastructure and well designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): According to the City's 2007 Community
Satisfaction Survey, 48% and 37% of City residents and businesses, respectively, believe that the City's
road conditions are either "good" or "excellent."
Issue:
Shall the Mayor and City Commission approve the two resolutions?
Item Summary /Recommendation:
Due to the numerous breaks encountered during the installation of the new water main and the apparent
compromised bedding foundation of the pipe in the Indian Creek Improvements Project, the City felt that
the integrity of the existing six inch main was in question. Leaving the original main in service would
potentially jeopardize the integrity of the new roadway. Collectively it was decided to completely abandon
the existing main and transfer all services, including the side street connections, to the new 12 inch main.
The City and Contractor have had ongoing discussions with regard to the alleged damages caused by the
contractor. As outlined in a previous mediated settlement agreement between the Contractor and the City,
the Contractor has completed, as directed by the City, the transfer of water services from the existing
water distribution main to the newly installed water transmission main.
Durin q the installation of the sanitary sewer main, the Contractor encountered an FPL concrete duct bank
at 41 Street and Indian Creek Drive where the bottom of the duct bank is in conflict with the installation of
the new sewer main. FPL is currently working to modify the two duct banks to accommodate the new
sewer main.
The City and Contractor have agreed to enter into a Settlement Agreement and Mutual Release in order to
define the terms and conditions of payment. This settlement agreement requires the City to compensate
the contractor in the amount of $1,197,966 for the additional water main installation and funding for the
conflict with the FPL utility.
The source of funds are identified below and the additional cost is within the original project budget.
APPROVE THE RESOLUTIONS.
Advisory Board Recommendation:
N/A
Source of Amount Account Approved
Funds:
$994,050 423 - 2949 - 069357
2 $113,221 423 - 2949 - 000356
3 $25,780 423 - 2580 - 000356
4 $64,915 424 - 2045 - 069357
OBPI Total $1,197,966
Financial Impact Summary:.
Financial Information:
City Clerk's Office Legislative Tracking:
Fernando Vazquez x6135
Sign -Offs:
D =' • . ent Director Ass' tant City Manager Manager
FAV' DRB JMG
T:WGEN' 42011 \7 -13 -11 \Indian Creek Drive Improvements - SUMMARY.doc
CA
IV TAI v i AENDADATA D 7 /3 .�D �I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 13, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN INCREASE TO THE PROJECT
CONTINGENCY, FOR ADDITIONAL WORK INCLUDING THE TRANSFERRING OF
WATER SERVICE CONNECTIONS TO THE NEWLY INSTALLED 12 INCH WATER
MAIN, PROVIDING ADDITIONAL TESTING AND FLUSHING OF THE WATER MAIN
NECESSARY FOR THE NEW SERVICE TRANSFERS, AND REWORKING THE
EXTENSION TO THE NEW SEWER MAIN NECESSITATED BY A PREVIOUSLY
IDENTIFIED FLORIDA POWER AND LIGHT (FPL) DUCT BANK CONFLICT, IN THE
WATER MAIN IMPROVEMENTS PROJECT, ALONG INDIAN CREEK DRIVE
BETWEEN 25TH AND 41ST STREETS; IN THE AMOUNT OF $1,197,966, FROM
PREVIOUSLY APPROPRIATED FUNDS IN THE FY 2008 -2009 CAPITAL BUDGET.
FURTHER APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE
CITY AND THE PROJECT'S CONTRACTOR, HORIZON CONTRACTORS, INC.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
FUNDING
Funding for this additional contingency is available and has been previously appropriated in the
Capital Budget Work Order No. 2949 - Upsizing Water Main Lines for the Indian Creek Project.
Additional funding (fund 424) is being provided by Public Works. The accounts are as follows:
$994,050 423 - 2949 - 069357 Water & Sewer (Gulf Breeze) Series 2006
$113,221 423 - 2949 - 000356 Water & Sewer (Gulf Breeze) Series 2006
$25,780 423 - 2580 - 000356 Water & Sewer (Gulf Breeze) Series 2006
$64,915 424 - 2045 - 069357 Water & Sewer Bonds 2000S
$1,197,966 Total
BACKGROUND
The State of Florida Department of Transportation (FDOT) identified the need to perform
roadway milling and resurfacing along Indian Creek Drive from 26 to 41 Streets as part of its
five (5) year transportation plan. The proposed FDOT work consists of roadway milling and
resurfacing, guardrail replacements, sidewalk replacement and bump -out construction at certain
intersections. The City had two (2) capital project elements which consisted of the installation of
a new 12 -inch diameter water transmission main from 26 to 41 Street, along Indian Creek
Drive, as well as the replacement of an existing 15 -inch diameter wastewater interceptor along
Indian Creek Drive, between 28 and 41s Streets.
Commission Memorandum — Indian Creek Drive Improvements
July 13, 2011
Page 2 of 5
The original budget developed by the Public Works Department for the aforementioned
improvement was broken down as follows:
TABLE 1 — Indian Creek Water/Wastewater Capital Project
Capital Project No, Title Total Construction Funding
WO# 2949 Upsizing Water Lines Indian Creek $2,435,193
WO# 2580 Upsizing Wastewater Lines Indian Creek $2,250,418
P 9
WO# 2521 Indian Creek 28 -41 $1,864,411
Total Construction Funding $6,550,022
These projects were originally introduced into the Capital Improvement Plan during FY08 /09.
On October 31, 2007, the City entered into a Joint Partnership Agreement (JPA) with the Florida
Department of Transportation (FDOT) for the construction of roadway improvements along Indian
Creek Drive between 26 and 41 Street. FDOT provided construction plans prepared by the
Corradino Group to the City and agreed to contribute project funding in the amount of
$1,501,000. The agreed upon funding for the FDOT portion of the work under the Joint
Participation Agreement (JPA) between the City and FDOT was as follows:
• Project Construction $1,365,000
• Project Construction Engineering and Inspection (CEI) Services $136,000
• Total Project Estimate $1,501,000
The City of Miami Beach Public Works Department prepared the construction documents for the
water transmission main installation and the wastewater interceptor replacement, while FDOT's
Consultant Corradino Group prepared the plans and specifications for the roadway
reconstruction and sidewalk / hardscape work. This approach allowed the City to incorporate all
of the capital project elements into one capital construction project to be managed by the City's
CIP Office.
On September 15, 2010, the City Commission, through Resolution No. 2010- 27466, authorized
additional funding in the amount of $335,000 for construction contingency for sanitary sewer
main improvements.
ANALYSIS
FDOT Change Orders
The FDOT has approached the City with additional scope requests such as additional
sidewalk removal and replacement at 39 Street, relocation of a pedestrian signal pole,
additional curb and gutter replacement throughout the project, additional de- silting of the
outfalls, additional striping and signage for an added bike lane and the addition of a leveling
course of structural asphalt to correct deficiencies in the road surface. Additional change
order requests in the amount of $79,896.59 for this additional work have been provided by
the Contractor and presented by the City to the FDOT for review / approval and funding
contribution. FDOT change orders will be paid t Horizon, upon approval by FDOT and
subsequent payment by FDOT to the City.
FPL Conflict
During the installation of the sanitary sewer main, the Contractor encountered a 36 inch wide
concrete duct bank at 41 Street and Indian Creek Drive on May 12, 2010, where the bottom of
T
Commission Memorandum — Indian Creek Drive Improvements
July 13, 2011
Page 3 of 5
the duct bank was lower than indicated on the FPL as-builts, thereby causing causin a conflict with the
installation of the new sewer main. FPL is currently working with the contractor to expose the two
duct banks in conflict with the installation of new sewer main so they can modify them to
accommodate the new sewer main. The cost of the additional work is reflected on the contractors
PCO 290 -26, in the amount of $19,210.04, and PCO 290 -34 for a negotiated value of
$80,542.55.
Water Service Replacement
The City and Contractor have had ongoing discussions with regard to the alleged damages
caused by the contractor to an existing six inch water distribution main. As outlined in the
mediated settlement agreement between Horizon Contractors, Inc and the City dated August 19,
2010 (Attachment A), the Contractor has completed, as directed by the City, the transfer of water
services from the existing water distribution main to the newly installed water transmission main.
During the original design phase for this project, the City retained the services of CDM Consulting
Engineers to provide a condition analysis of the existing six inch (6 ") diameter water distribution
main within the project boundaries. The CDM analysis indicated that the main still had an
estimated useful life of approximately fifteen (15) years, equal to the routine resurfacing cycle for
high volume roadways, such as Indian Creek Drive. As a result of this analysis, the City decided
to address only water transmission issues (water pressure concerns) along the high density
areas adjacent to Ocean Drive by adding a twelve inch (12 ") diameter transmission main. As a
cost saving measure, the original main would remain in service for another resurfacing cycle to
provide water service to properties within the project boundaries.
As construction progressed a problem developed as a result of the dewatering required for the
installation of the new utilities. It is stipulated during the dewatering draw down process fines
(soil) migrated from beneath the existing six inch distribution main which in turn compromised the
bedding materials supporting the main. This, coupled with the re- construction and compaction of
the road bed, introduced point loads on the main resulting in approximately 37 breaks along the
length of the existing six inch line. The City maintains its position, that per their contract with the
City, the contractor had the requirement to properly protect the existing utilities and that the
heavier compaction equipment used by the contractor, in opposition to the recommendations of
the City, contributed to most of the failures. Per the previous settlement agreement (Attachment
A) this issue was left to be negotiated at the end of the project.
Because of the numerous breaks in the main and the apparent compromised bedding foundation
of the pipe the City felt that the integrity of the existing six inch main was in question and by
leaving the original main in service the integrity of the new roadway would potentially be
jeopardized. The decision was made to completely abandon the existing main and transfer all
services, including the side street connections, to the new 12 inch main.
In consideration of the unforeseen destabilization of the foundation bedding of the water main as
a result of the dewatering, collectively with the breaks in the water main caused during the
rebuilding of the road; and facing the time and monies that would be required to litigate a
potentially complicated and lengthy lawsuit; the City proceeded to negotiate with the contractor
to reach a full and final settlement in which both parties agreed to a fair and reasonable amount
of compensation for the work. These negotiations have been completed and the agreed to
amounts are reflected in PCO 290 -16, in the amount of $572,369.12, for the transfer of the water
services and in PCO 290 -24, in the amount of $314,652.79, for the connection of the side streets
to the new 12 inch main, for a total of $887,021.91.
Commission Memorandum — Indian Creek Drive Improvements
July 13, 2011
Page 4 of 5
Transforming the new twelve inch (12 ") diameter main from strictly a transmission main to a
combined transmission /local branch distribution main required several other modifications to the
design. Three new isolation valves were requested by Public Works, to aid in long term
maintenance of the new line, and the interconnections with side streets were increased in size to
allow enhanced water flow volume and pressure to those properties. The negotiated prices for
these enhancements are reflected in PCO 290 -17, in the amount of $7,398.11, and PCO 290 -37,
in the amount of $3,699.89, respectively.
Based on a review of six recent bids for ductile iron water main installation, the present market
average cost for installed water main is approximately $195 per lineal foot. Using that figure, the
value of installing a replacement 6 (six) inch service main to replace the damaged water main
reflected in these change orders would exceed $1,300,000. Through our negotiations and price
concessions made by the contractor to settle this in lieu of litigation, the City saved over
$400,000 or approximately 31% over the price of installing separate mains for transmission and
local water service. Both parties feel this $400,000 in savings is a reasonable settlement amount
for the City's premature loss of its asset.
As an added consequence, the net effect of these changes provides our residents with the added
benefit of a new service connection to a new main as well as an augmented level of service in
terms of improved water pressure for the area and new water lines to local services connected to
a new pipeline that will have a useful life estimated in excess of seventy (70) years.
Timing:
The original project final completion date was scheduled for August 23, 2010. As a result of the
water service transfers, side street service connections and the FPL sewer main conflict, the
contract final completion is now scheduled for August 31, 2011.
To date, the City has reviewed and recommended the approval of 18 change orders totaling
approximately $1,998,580.07, resulting in a revised contract sum to date of $6,078,724.19 (This
contract value to date includes FDOT CO's).
Below is a summary of the current ent PCO s requested by the contractor as a part of this Memo.
PCO 290 -16 Transferring of services from 6 inch main to new main 572 369.12
PCO 290 -17 Installation of additional ate valves at new main 7 398.11
9 ,
PCO- 290 -24 Additional service tie ins at side streets $ 314,652.79
PCO 290 -26 Temporary sewer tie in at 40 St. (Due to FPL conflict) $ 19,210.04
PCO 290 -32 Cannon flushing of mains at 27 and 29 St. $ 26,065.64
PCO 290 -33 Re- mobilization and asphalt leveling $ 129,707.51
PCO 290 -34 Completion of sewer extension (Part of FPL conflict) $ 80,542.55
PCO 290 -35 Lowering of existing manholes on Indian Creek $ 37,744.32
PCO 290 -36 Addition of No. 2 valve boxes at meters $ 6,576.03
PCO 290 -37 Installation of additional isolation valve on main at 27 St. $ 3,699.89
TOTAL $1,197,966.00
PCO 290 -16 for $572,369.12 and PCO 290 -24 for $314,652.79 were previously negotiated by
the former CIP Director and Special Assistant to the City Manager during the prior Settlement
Agreement and Limited Release. (See Attachment A)
Funding is being requested on PCO 290 -33 to level out the driving surface on Indian Creek and
provide relief for our residents who travel this roadway. The City has submitted to FDOT for
review and reimbursement of $98,000.00 of this request which relates to the roadway
Commission Memorandum — Indian Creek Drive Improvements
July 13, 2011
Page 5 of 5
improvement. To expedite the completion of the project the City has fronted these funds to the
contractor pending acceptance by FDOT.
As a comparison of the received bids for this project note Horizon Contractors bid was awarded
at $1,368,834.30 below the average of the four additional responsive bidders. Below is a table
with the bid tabulations for this project.
To date the total value of the Horizon Contract, including all change orders, is valued at
$6,078,724.93 of which $168,217.42 is work request by FDOT. Compared to the second lowest
bidder, Ric -Man International's bid totaling $5,983,318.60, which includes a 10% project
contingency, the City realized a net savings of $72,811.10 after deducting FDOT funded work.
In order to provide a consensus between the City and the Contractor, the City and Contractor
have agreed to enter into a Settlement Agreement and Mutual Release (Agreement) in order to
define the terms and conditions of payment for the aforestated work. A draft of the Agreement is
included as Attachment B.
CONCLUSION
It is important to note that the City contemplated an expenditure of approximately $6.1 million in
its Capital Improvement Plan for this project. The Administration recommends approval of the
Resolution, authorizing the Mayor and City Clerk to appropriate additional funding in the amount
of $1,197,966 for the project contingency and further authorizing the Mayor and City Clerk to
execute the Settlement Agreement and Mutual Release between the City and the project's
contractor, Horizon Contractors, Inc., for the aforestated work.
Exhibit: Attachment A - Settlement Agreement and Limited Release Dated August 19, 2010
Exhibit: Attachment B - Draft Settlement Agreement and Mutual Release between Horizon
Contractors Inc. and The City of Miami Beach
JMG/ B/ DM /CF
T:\AGENDA\2011 \7 -13 -11 \Indian Creek Drive Improvements - MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE PROJECT
CONTINGENCY, FOR ADDITIONAL WORK INCLUDING THE TRANSFERRING
OF WATER SERVICE CONNECTIONS TO THE NEWLY INSTALLED 12 INCH
WATER MAIN, PROVIDING ADDITIONAL TESTING AND FLUSHING OF THE
WATER MAIN NECESSARY FOR THE NEW SERVICE TRANSFERS, AND
REWORKING THE EXTENSION TO THE NEW SEWER MAIN NECESSITATED
BY A PREVIOUSLY IDENTIFIED FLORIDA POWER AND LIGHT (FPL) DUCT
BANK CONFLICT, IN THE WATER MAIN IMPROVEMENTS PROJECT, ALONG
INDIAN CREEK DRIVE BETWEEN 25TH AND 41ST STREETS; IN THE AMOUNT
OF $1,197,966, FROM PREVIOUSLY APPROPRIATED FUNDS IN THE FY 2008-
2009 CAPITAL BUDGET. FURTHER APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT AND
MUTUAL RELEASE BETWEEN THE CITY AND THE PROJECT'S CONTRACTOR,
HORIZON CONTRACTORS, INC.
WHEREAS, the State of Florida Department of Transportation (FDOT) identified the
need to perform roadway milling and resurfacing along Indian Creek Drive from 26 to 41
Streets as part of its five (5) year transportation plan; and
WHEREAS, the City had two (2) capital project elements which consisted of the
installation of a new 12 -inch diameter water transmission main from 26 to 41 Street, along
Indian Creek Drive, as well as the replacement of an existing 15 -inch diameter wastewater
interceptor along Indian Creek Drive, between 28 and 41 Streets; and
WHEREAS, on October 31, 2007, the City entered into a Joint Partnership
Agreement (JPA) with the Florida Department of Transportation (FDOT) for the construction
of roadway improvements along Indian Creek Drive between 26 and 41 Street; and
WHEREAS, on September 15, 2010, the City Commission, through Resolution No.
2010 - 27466, authorized additional funding in the amount of $335,000 for construction
contingency for sanitary sewer main improvements; and
WHEREAS, the City and Contractor have had ongoing discussions with regard to the
alleged damages caused by the contractor to an existing six inch water distribution main; and
WHEREAS, the City staff has reviewed and recommended the approval of 18 change
orders totaling approximately $1,998,580.07, resulting in a revised contract sum to date of
$6,078,724.93; and
WHEREAS, in order to provide a consensus between the City and the Contractor, the
City and Contractor have agreed to enter into a Settlement Agreement and Mutual Release
(Agreement) in order to define the terms and conditions of payment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk hereby approve
and authorize an increase to the project contingency, for additional work including the
transferring of water service connections to the newly installed 12 inch water main, providing
additional testing and flushing of the water main necessary for the new service transfers,
and reworking the extension to the new sewer main necessitated by a previously identified
Florida Power And Light (FPL) duct bank conflict, in the water main improvements project,
along Indian Creek Drive between 25th and 41st Streets; in the amount of $1,197,966, from
previously appropriated funds in the FY 2008 -2009 capital budget and further authorizing the
Mayor and City Clerk to execute the Settlement Agreement and Mutual Release between the
City and the project's contractor, Horizon Contractors, Inc.
PASSED and ADOPTED this day of 2011.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATTI HERRERA BOWER, MAYOR
JMG /DRB /FV /DM
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