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951 Martin Luther King Boulevard, Kissimmee, FL

www.tohowater.com 407.944.5000

TWA BOARD OF SUPERVISOR MEETING AGENDA August 8, 2018

5:00 PM

1. Meeting called to order 2. A. Moment of Silent Reflection B. Pledge of Allegiance 3. Approval of the Agenda 4. Awards and Presentations

5. Public Hearing 6. Hear the Audience 7. Consent Agenda The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board of Supervisors. The Board of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non-debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate. 7A. REQUEST APPROVAL OF TWA REGULAR MEETING

MINUTES OF AUGUST 25, 2018 (DIAZ/WHEELER) 7B. REQUEST APPROVAL OF AMENDMENT #1 WITH SUNBELT

RENTALS, INC. AND XYLEM DEWATERING SOLUTIONS, INC., D/B/A GODWIN PUMPS OF AMERICA, FOR BYPASS PUMP RENTALS, EMERGENCY, AND NON-EMERGENCY (PBA-18-007) (HOLMES)

7C. REQUEST APPROVAL OF AMENDMENT #1 POLY PIG PIPE

CLEANING SERVICES (IFB-17-124) (HOLMES)

Thomas White Chair, Ex-officio Clarence L. Thacker Secretary LeRue “Skip” Stellfox Supervisor #6 Domingo Sanchez Supervisor #1 John A. Lambert Supervisor #4 Brian L. Wheeler Executive Director Michael W. Sweeney Deputy Executive Director VACANT General Counsel Nilsa C. Díaz Executive Assistant

http://www.tohowater.com/

7D. REQUEST APPROVAL OF AMENDMENT TO DEVELOPER SERVICE AGREEMENT AND SUB-METERING AGREEMENT FOR VINELAND LANDINGS (GEORGE)

7E. REQUEST APPROVAL OF AUGUST ASSET DISPOSAL

(HOLMES)

7F. REQUEST APPROVAL TO EXECUTE AMENDMENT #4 FOR CONTINUED COLOCATION SERVICES FROM JYP ORLANDO DATA CENTER, LTD. (BW-15-117) (RIOS)

7G. REQUEST APPROVAL OF THE GB PAINTING DEVELOPER’S

SERVICE AGREEMENT (GEORGE) 7H. REQUEST APPROVAL OF BID FOR UTILITY IMPROVEMENTS

FOR THE HOAGLAND BOULEVARD REALIGNMENT AND WIDENING PHASE 3 PROJECT (ZHOU)

7-I. REQUEST APPROVAL OF SCOPE OF ENGINEERING

SERVICES FOR NEOCITY ONSITE UTILITY EXTENSION PHASE 2 (EVERSOLE)

7J. REQUEST APPROVAL OF THE RICHARD MCLAUGHLIN

WATER TREATMENT PLANT WELL #3 DRILLING CONTRACT AWARD (EVERSOLE)

8. Informational Presentations 9. Unfinished Business

10. New Business 11. Staff Report: 11A. ENGINEERING CUSTOMER SERVICE SURVEY REPORT (BIRON)

Board of Supervisors Regular Meeting Minutes

JULY 25, 2018

Present: Secretary Clarence Thacker Supervisor Domingo Sanchez Supervisor Skip Stellfox

Executive Director Brian L Wheeler Deputy Executive Director Mike Sweeney Executive Assistant Nilsa C Diaz

Absent: Chair Ex-officio Tom White, Kissimmee City Commissioner Wanda Rentas, Osceola County Commissioner Peggy Choudhry, Polk County Commissioner Todd Dantzler, Supervisor John Lambert

1. Meeting called to order by: Secretary Clarence Thacker

Time: 5:00 PM

2. Moment of Silent Reflection, Supervisor Sanchez led the attendees in the Pledge of Allegiance.

3. Approval of Agenda: Executive Director Brian Wheeler advised the Board of the addition of Item 10B. New Business: HILL STREET GRAVITY SEWER REPLACEMENT FROM JOHN YOUNG PARKWAY TO ALMA STREET – Supervisor Sanchez moved for approval of the Agenda as amended and Supervisor Stellfox seconded the motion. Motion passed 3 to 0.

4. Awards and Presentations: None

5. Public Hearing: None

6. Hear the Audience: None

7. Consent Agenda: Supervisor Sanchez moved for approval of the Consent Agenda and Supervisor Stellfox seconded the motion. Motion passed 3 to 0.

7A. REQUEST APPROVAL OF THE TWA BOARD OF SUPERVISOR REGULAR MEETING MINUTES JULY 11, 2018 (DIAZ/WHEELER) 7B. REQUEST APPROVAL OF THE PBA-18-091, INFORMATION TECHNOLOGY SOLUTIONS AND SERVICES (HOLMES) 7C. REQUEST APPROVAL OF CHANGE ORDER NO. 4 TO THE CONTRACT WITH GARNEY COMPANIES, INC. FOR THE AUDUBON ROAD AND DOVE COURT EMERGENCY GRAVITY SEWER REPLACEMENT (MATOS)


JULY 25, 2018

7D. REQUEST APPROVAL OF AMENDMENT #1 WITH ALLIED UNIVERSAL CORPORATION FOR THE SUPPLY AND DELIVERY OF LIQUID SODIUM HYPOCHLORITE TO SMALL PLANTS (IFB-17-113) (HOLMES) 7E. REQUEST APPROVAL OF AMENDMENT #4 WITH THERMETRICS CORPORATION FOR HVAC MAINTENANCE & REPAIR SERVICES (IFB-15-090) (HOLMES) 7F. REQUEST APPROVAL OF AMENDMENT #6 TO THE AGREEMENT WITH OWENS, RENZ & LEE CO., INC., D/B/A OWENS REALTY SERVICES, FOR JANITORIAL SERVICES (RFP-15-043) (HOLMES) 7G. REQUEST APPROVAL TO PURCHASE MUELLER METERS FROM ACLARA FOR VENETIAN BAY (BW-18-115) (HOLMES)

8. Informational Presentations:

9. Unfinished Business: 9A. REQUEST APPROVAL OF EMPLOYMENT CONTRACT FOR EXECUTIVE DIRECTOR (WHEELER) - Executive Director Wheeler informed the Board that the employment contract for Mr. Todd Swingle for the Executive Director position had been distributed to the Board before the meeting for their review. The Board was asked if they had any questions or proposed changes. Supervisor Stellfox read a statement into the record stating his reasons for voting for Deputy Executive Director Sweeney for the Executive Director position but then expressed his support for the new Executive Leadership Team of Todd Swingle and Mike Sweeney and for the employment contract. Supervisor Stellfox made a motion to accept the Employment Contract for Executive Director and Supervisor Sanchez seconded the motion. Motion carried 3 to 0.

10. New Business:

10A. PROPOSED REORGANIZATION OF THE FIELD SERVICES DEPARTMENT (BASHAM) - Gary Basham, Director of Field Services Director and Jessica Raggi, Operations Analyst provided a PowerPoint presentation outlining the planned re-organization of the Field Services Division. Purpose of the re-organization is improve the ability of the Division to efficiently allocate resources to the areas of need and move the Division towards a higher percentage of planned work and a reduction in the percentage of reactive work. The re-organization proposes to reclassify two lead positions to


JULY 25, 2018

Assistant Foreman positions and reclassify the other 6 lead positions to Senior Tech II positions. Additionally, one Utility Tech position is to be reclassified to Warehouse Coordinator and one Utility Tech position to Warehouse Technician. Two of the reclassifications will increase the personnel budget for the Division and will require the expenditure of capital funds for the purchase of two vehicles. Supervisor Sanchez made a motion to approve the additional funding to bring about the proposed reorganization in Field Services and Supervisor Stellfox seconded the motion. Motion carried 3 to 0. 10B. HILL STREET GRAVITY SEWER REPLACEMENT FROM JOHN YOUNG PARKWAY TO ALMA STREET (EVERSOLE) – Executive Director Wheeler explained to the Board that as part of the John Young Parkway Widening Project, the sanitary sewer on Alma Street was to be lined as part of the contract. However, the actual pipe size is six inch instead of the ten inch size shown on the plans. A six inch pipe is too small to line; therefore, the sewer will have to be replaced with an eight inch pipe. The change order for the pipe replacement is $127,784.82. Supervisor Sanchez moved for approval of the gravity sewer replacement to Alma Street and Supervisor Stellfox seconded the motion. Motion passed 3 to 0.

11. Staff Reports: 11A. MONTHLY FINANCIAL REPORT FOR JUNE 2018 (FIGUEROA) – Mr. Ric Figueroa, Financial Manager, presented the financial report for the month of June. At the end of the presentation Mr. Figueroa informed the Board that the Business Services Division had received recognition from Government Financial Officers Association for its budget document for FY2018. Associate General Counsel Maureen Sikora introduced Mr. Tom Wilkes from the firm of Gray Robinson who will serve as the Authority’s Interim General Counsel until the Board hires a General Counsel. Executive Director Wheeler advised the Board that this meeting was the last one for Associate General Counsel Maureen Sikora and thanked her for her service.


JULY 25, 2018

12. Adjournment:

There being no further business to come before the Board, Secretary Clarence Thacker adjourned the meeting at 5:39 PM. Approved: _______________________________________ Tom E. White, Chair, Ex-officio Attest: _______________________________________ Clarence L. Thacker, Secretary ncd

Board Meeting Date: 8/8/2018

Category: Consent Agenda Agenda Item: 7B

Department: Procurement Services Attachments: Amendment #1 to the Agreements with Sunbelt Rentals, Inc. and Xylem Dewatering Solutions, Inc. Title: APPROVAL OF AMENDMENT #1 WITH SUNBELT RENTALS, INC. AND XYLEM DEWATERING SOLUTIONS, INC., D/B/A GODWIN PUMPS OF AMERICA, FOR BYPASS PUMP RENTALS, EMERGENCY AND NON-EMERGENCY (PBA-18-007) Summary: In 2017, Procurement Services extensively researched contracts for Field Services and Treatment Operations to utilize for the daily, weekly, and monthly rental of various types of pumps and related equipment to be used on an as-needed basis. The intent was to piggyback the contract of a larger agency in order to obtain better pricing than by issuing our own solicitation.

On October 25, 2017, the Board approved the piggyback of Sarasota County Utilities’ Contract #1765740200 with Sunbelt Rentals, Inc. and Xylem Dewatering Solutions, Inc. for bypass pump rentals. The initial term of their contract was for three years through August 14, 2020. The Authority’s contract term began on October 25, 2017, and continues through October 24, 2018. Amendment #1 will extend our contract through August 14, 2019. Field Services and Treatment Operations are satisfied with the services provided by both companies. TWA’s costs are estimated to be approximately $572,000 annually. Field Services staff estimated $500,000 and Operations estimated $72,000 for the year.

Total Cost: Approximately $572,000 annually

Recommended Action: Staff recommends approval of Amendment #1 to the Agreements with Sunbelt Rentals, Inc. and Xylem Dewatering Solutions, Inc., d/b/a Godwin Pumps of America, for bypass pump rentals. Initials:tlp/fh

PBA-18-007

Page 1 of 1

AMENDMENT #1 TO ACKNOWLEDGEMENT

This Amendment is made and entered between TOHOPEKALIGA WATER AUTHORITY (hereinafter referred to as

the “AUTHORITY”) and SUNBELT RENTALS, INC., 2341 Deerfield Drive, Fort Mill, South Carolina 29715

(hereinafter referred to as the “CONTRACTOR”) for the provision of Bypass Pump Rentals, Emergency and Non-

Emergency.

TERMS AND CONDITIONS

I. ACCEPTANCE

This Amendment constitutes the CONTRACTOR’s acceptance of the AUTHORITY’s request to continue

to provide and perform the services as approved by the Authority’s Board of Supervisors on October 25,

2017, and described in the Sarasota County Contract titled “Trash and Bypass Pump Rentals - Emergency

and Non-Emergency,” with all of the same terms, conditions, and pricing contained therein. The Contract,

assigned PBA-18-007 for tracking purposes, is attached hereto as Exhibit “A” and hereby incorporated into

this Contract.

II. TERM CONTRACT

A. The term of the Contract is amended to extend through October 24, 2019. Unit pricing shall be in

accordance with Sarasota County Contract No. 1765740200.

B. This Contract may be renewed upon mutual consent of the parties, Sarasota County Board of County

Commissioners renews its contract No. 1765740200 with the CONTRACTOR. Renewal of this

Contract shall be in the AUTHORITY’s sole discretion.

C. This Contract may be canceled or terminated as provided for in Exhibit “A.”

III. ORDERING AGAINST CONTRACT

The obligations under this Contract are subject to the Authority’s needs and availability of funds.

SUNBELT RENTALS, INC. TOHOPEKALIGA WATER AUTHORITY

By: _________________________ By: ___________________________

Print Name: __________________ Print Name: Tom White

Title: ________________________ Title: Chair Ex-Officio

Date: ___________________________

Attest (Signature): ________________ Attest (Signature): _________________

Attest (Print Name): _______________ Attest (Print Name): Nilsa C. Diaz

Address: ________________________ Address: 951 Martin Luther King Blvd.

_________________________ Kissimmee, Florida 34741

STATE OF ___________________

COUNTY OF _________________

The foregoing instrument was executed before me this _____ day of __________________, 2018, by

____________________ as ____________________ of Sunbelt Rentals, Inc., who personally swore or

affirmed that he is authorized to execute this contract and thereby bind the Company, and who is personally

known to me OR has produced identification.

_____________________________

(Stamp)

Notary Public, State of __________

PBA-18-007

Page 1 of 1

AMENDMENT #1 TO ACKNOWLEDGEMENT

This Amendment is made and entered between TOHOPEKALIGA WATER AUTHORITY (hereinafter referred to as

the “AUTHORITY”) and XYLEM DEWATERING SOLUTIONS, INC., d/b/a Godwin Pumps of America, 84

Floodgate Road, Bridgeport, New Jersey 08014 (hereinafter referred to as the “CONTRACTOR”) for the provision

of Bypass Pump Rentals, Emergency and Non-Emergency.

TERMS AND CONDITIONS

I. ACCEPTANCE

This Amendment constitutes the CONTRACTOR’s acceptance of the AUTHORITY’s request to continue

to provide and perform the services as approved by the Authority’s Board of Supervisors on October 25,

2017, and described in the Sarasota County Contract titled “Trash and Bypass Pump Rentals - Emergency

and Non-Emergency,” with all of the same terms, conditions, and pricing contained therein. The Contract,

assigned PBA-18-007 for tracking purposes, is attached hereto as Exhibit “A” and hereby incorporated into

this Contract.

II. TERM CONTRACT

A. The term of the Contract is amended to extend through August 14, 2019. Unit pricing shall be in

accordance with Sarasota County Contract No. 1765740200.

B. This Contract may be renewed upon mutual consent of the parties, provided Sarasota County Board

of County Commissioners renews its contract No. 1765740200 with the CONTRACTOR. Renewal

of this Contract shall be in the AUTHORITY’s sole discretion.

C. This Contract may be canceled or terminated as provided for in Exhibit “A.”

III. ORDERING AGAINST CONTRACT

The obligations under this Contract are subject to the Authority’s needs and availability of funds.

XYLEM DEWATERING SOLUTIONS, INC., TOHOPEKALIGA WATER

D/B/A GODWIN PUMPS OF AMERICA AUTHORITY

By: _________________________ By: ___________________________

Print Name: __________________ Print Name: Tom White

Title: ________________________ Title: Chair Ex-Officio

Date: ___________________________

Attest (Signature): ________________ Attest (Signature): _________________

Attest (Print Name): _______________ Attest (Print Name): Nilsa C. Diaz

Address: ________________________ Address: 951 Martin Luther King Blvd.

_________________________ Kissimmee, Florida 34741

STATE OF ___________________

COUNTY OF _________________

The foregoing instrument was executed before me this _____ day of _________________, 2018, by

____________________ as ____________________ of Xylem Dewatering Solutions, Inc., d/b/a Godwin

Pumps of America, who personally swore or affirmed that he is authorized to execute this contract and

thereby bind the Company, and who is personally known to me OR has produced identification.

_____________________________

(Stamp)



Category: Consent Agenda Agenda Item: 7C

Department: Procurement Services Attachments: Amendment #1 to the Agreement with Professional Piping Services, Inc. for Poly Pig Pipe Cleaning Services

Title: AMENDMENT #1 POLY PIG PIPE CLEANING SERVICES (IFB-17-124) Summary: TWA purchases poly pig pipe cleaning services to maintain and restore the flow of wastewater in pipelines, reduce pumping costs, and eliminate impurities in the water. Procurement Services advertised an Invitation to Bid (IFB-17-024) for these services on September 12, 2017, and the Board of Supervisors approved the award on November 8, 2017. Professional Piping Services, Inc. has performed poly pig pipe cleaning services for the force main along Boggy Creek Road, the force main in Champion’s Gate, and for other smaller force mains throughout TWA’s service area.

The Field Services Department is satisfied with the level of services provided by Professional Piping Services and requests approval to extend the contract through October 24, 2019. The current poly pig pipe cleaning agreement allows for two additional one-year renewals. Professional Piping Services, Inc. has agreed to extend the contract for the same unit price and terms of service.

Item Pipe Description Unit Unit Price

1 Clean existing pipeline with a “Pig” 4” to 8” diameter pipeline LF $ 2.78




Total Costs: $300,000 for Year 2 of the Agreement

Recommended Action: Staff recommends approval of Amendment #1 to extend the term of the agreement with Professional Piping Services, Inc. for poly pig pipe cleaning services.

AMENDMENT # 1

TO THE AGREEMENT BETWEEN

TOHOPEKALIGA WATER AUTHORITY AND

PROFESSIONAL PIPING SERVICES

THIS AMENDMENT is made and entered between TOHOPEKALIGA WATER

AUTHORITY, 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 (hereinafter

referred to as the “AUTHORITY”) and PROFESSIONAL PIPING SERVICES, INC., P.O Box

7337,Wesley Chapel, Florida 33544 (hereinafter referred to as the “CONTRACTOR”).

W I T N E S S E T H:

WHEREAS, the AUTHORITY desires to maintain the services of the CONTRACTOR

to continue to provide poly pig pipe cleaning services as further described in the Agreement IFB-

17-124, approved by the Board of Supervisors on November 8, 2017, between the AUTHORITY

and the CONTRACTOR; and

WHEREAS, pursuant to Section 24, Modification, the covenants, terms and provisions

of the Agreement may be modified by way of a written instrument, mutually accepted by the

parties; and

WHEREAS, the purpose of this Amendment is to extend the term of the Agreement for

one year.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions

contained herein, the parties agree as follows:

1. Section 3, titled “Term,” is hereby amended to add the following:

SECTION 3. TERM

The term of this Agreement is amended to extend through October 24, 2019,

and may be extended upon mutual agreement of both parties when in the best

interest of the Authority.

2. Section 4, titled “Compensation,” is hereby amended to read as follows:

SECTION 4. COMPENSATION

The amount to be paid under this agreement for services rendered shall not

exceed Three Hundred Thousand Dollars ($300,000.00) for year two (2) of

the agreement for a total not to exceed amount of Five Hundred and Seventy

Thousand Dollars (570,000.00) for the term of the agreement.

3. The Contractor agrees to comply with all applicable standards, orders or

regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and

the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387),

and will report violations to the Federal awarding agency and the Regional

Office of the Environmental Protection Agency (EPA).

4. In compliance with the Copeland “Anti-Kickback” Act, the contractor shall

comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of

29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference

into this contract.

5. These changes shall be effective upon this Amendment being executed by

both parties.

6. The terms and conditions of the original Agreement and any subsequent

Amendment(s) shall remain in full force and effect. To the extent of any

conflict between this Amendment and the original Agreement or any prior

Amendment(s) thereto, the terms and conditions of this Amendment shall

prevail.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,

have executed this Amendment effective the _____ day of _______________, 2018.

PROFESSIONAL PIPING SERVICES,

INC.

By: ________________________

Print Name__________________

Title: _______________________

Attest: ______________________

Print Name: ___________________

Address: _____________________

TOHOPEKALIGA WATER

AUTHORITY

By: ________________________

Print Name: Tom White

Title: Chair, Ex-Officio

Attest: _______________________

Print Name: Nilsa C. Diaz

Address: 951 Martin Luther King Blvd.

Kissimmee, Florida 34741

STATE OF ________________

COUNTY OF ______________

The foregoing instrument was executed before me this _____ day of ______________, 2018, by

____________________ as ____________________ of Professional Piping Services, Inc., who

personally swore or affirmed that he/she is authorized to execute this document and thereby bind

the Company, and who is personally known to me OR has produced identification.

(Stamp) _____________________________



Category: Consent Agenda Agenda Item: 7C

Initials: fh/mm


Category: Consent Agenda Agenda Item: 7D

Department: Engineering Services Attachments: Developer Service Agreement Amendment No.1, Sub-metering Agreement Amendment No.1 Title: APPROVAL OF AMENDMENT TO DEVELOPER SERVICE AGREEMENT AND SUB-METERING AGREEMENT FOR VINELAND LANDINGS Summary: Vineland Landings, a project located on Old Vineland Road and Babb Road, was required to enter into an approved standard Developer Service Agreement (DSA) and SUB-METERING Agreement with the Tohopekaliga Water Authority (TWA) as a condition of water and wastewater service. The original DSA included two parcels. The parcels have been revised and re-platted due to a title issue. Parcel Identification Number (PID) 18-25-29-00U0-0080-0000 has been eliminated. To validate the DSA, the developer has requested to correct and revise the Parcel Identification Number in the Developer Service Agreement, SUB-METERING Agreement and modify Exhibit A which includes the Property Description and Site location Map which was provided by the developer.

No other changes have been made to the DSA and SUB-METERING Agreement recorded in the Public Records of Osceola County on December 22, 2017. TWA legal counsel prepared the amendment to the DSA and SUB-METERING Agreement. The amendment was reviewed and approved by the Developer’s counsel.

The agreement between the parties is hereby amended as follows:

a. The first page of the Agreements is revised by the deletion of the following Parcel ID number: 18-25-29-00U0-0080-0000.

b. Exhibit A, Property Description and Location Map, attached to the Agreement has been modified with the substitution and replacement of the Legal Description and Site Location Map labeled REVISED EXHIBIT A.

Total Costs: No cost

Recommended Action: Engineering Staff Recommends approval of the Amendment to the Developer Service Agreement and SUB-METERING Agreement – Vineland Landings Initials:EG


Category: Consent Agenda Agenda Item: 7E

Department: Procurement Services Attachments: N/A

Title: APPROVAL OF AUGUST ASSET DISPOSAL

Summary: Asset disposal is a requirement set forth in Chapter 274, Florida Statutes that is intended to maximize returns on excess and surplus property by transferring the property or disposing of it through a public auction, bid, posted prices, trade-in, or donation. A list has been compiled of the Authority’s inventory items examined and recommended for disposal. If approved, these inventory items will be disposed of and written-off the accounting ledgers.

Items marked for donation - Staff requests the Board’s approval to dispose of the computer items listed below through a donation and destruction. On June 11, 2008, the Board approved donating surplus computers to non-profit organizations on a first come first serve basis regardless of business location or where services are provided. A list of non-profit agencies is maintained by the Procurement Services Department. In order for an agency to be declared as non-profit, they must show documentation that they are certified as a 501 (c) (3) organization by the IRS. On April 25, 2012, the Board updated this policy to have items donated to organizations and schools who are system users located and provided services within the Authority service area, before donating same to other 501 (c) (3) organizations or schools.

Items marked for auction – Staff requests the Board’s approval to dispose of the items listed below through online auction. Disposal of the vehicles retires them from the Authority’s fleet and removes the related insurance carrying costs. Items marked for disposal – Staff requests approval from the Board to discard items marked for disposal. These items have been tested by Information Technology staff who determined these items are unable to be repaired. Items marked for recycling – Staff requests approval from the Board to sell metal materials for salvage value through recycling.


Category: Consent Agenda Agenda Item: 7E

TAG# ITEM & DESCRIPTION SERIAL # / VIN #

Items marked for auction TWA 16537 Acme By-Pass Pump (WS-167) OC O07

TWA 18941 Ford F-350 (WS-457) VIN# 1FDWF36R59EA50730

NA Pick-up Truck Topper NA

Items marked for disposal via recycling

N/A

Total Cost: N/A

Recommended Action: Staff recommends Board approval to dispose of the listed inventory items through donation, auction, disposal, or recycling. Initials:mm/fh


Category: Consent Agenda Agenda Item: 7F

Department: Procurement Services Attachments: Addendum #4 to the Colocation Master Services Agreement Title: APPROVAL TO EXECUTE AMENDMENT #4 FOR CONTINUED CO-LOCATION SERVICES FROM JYP ORLANDO DATA CENTER, LTD. (BW-15-117) Summary: In August 2012, TWA executed an agreement with JYP Orlando Data Center, LTD., formerly JYP Orlando, for colocation services. JYP Orlando Data Center, LTD. has provided a Tier III environment that allows IT to implement TWA’s business continuity and IT disaster recovery plan. A Tier III site is composed of multiple active power feeds to keep computers running, cooling distribution to keep computers cool, and provides 99.98% up time. TWA’s IT Department is presently leasing a single locking cabinet at JYP Orlando Data Center for disaster recovery purposes. JYP Orlando Data Center stores TWA’s IT equipment for redundancy of our Telecom System, Backup Unit, and data.

JYP Orlando Data Center’s facility has been designed, engineered, and constructed to secure IT infrastructures.

Due to the quality of service JYP Orlando Data Center has provided and its close proximity to TWA’s headquarters, on South John Young Parkway, IT staff request permission to enter into a new three-year term for colocation services. In addition, staff would like to install a new cross-connect linking a new Spectrum circuit to TWA’s cabinet for $110.

Total Costs: $50,676 annually plus $110 for cross-connect

Recommended Action: Staff recommends approval of Addendum #4 to the agreement with JYP Orlando Data Center, LTD for three additional years of colocation services. Initials: FH/MR

– 1 –

________ ________

DataSite Customer

Addendum No. 4 to Colocation Master Services Agreement (the “Agreement”)

DataSite Orlando

9701 S. John Young Parkway

Orlando, Florida Execution Date of Addendum 4: August 10, 2018

Commencement Date of Addendum 4: August 31, 2018

Original Execution Date of Agreement: August 16, 2012

Prior Customer: Toho Water Authority

951 Martin Luther King Blvd

Kissimmee, FL 34741

Attn: Marie Rios [email protected] 407 944-5197

Attn: Kim Trinh [email protected] 407-944-5139

New Customer: Tohopekaliga Water Authority


Kissimmee, FL 34741

Attn: Marie Rios - [email protected] 407 944-5197

Attn: Kim Trinh - [email protected] 407-944-5139

DataSite: JYP Orlando, LLC (d/b/a DataSite Orlando)

c/o BURGES property + company

2658 Del Mar Heights Road #558

Del Mar, CA 92014

Attn: Jeffrey W. Burges

1. Customer has advised DataSite that Customer is the successor to Prior Customer, and DataSite

consents to the assignment of the Agreement from Prior Customer to Customer. Accordingly,

Customer and DataSite hereby agree that from and after the Commencement Date of this Addendum

No. 4, Customer shall replace Prior Customer for all purposes under the Agreement.

2. Customer and DataSite hereby agree to amend the above-referenced Agreement by:

a. deleting Exhibit 1.2 attached to the Agreement and substituting Exhibit 1.3 attached hereto in

its place and stead.

b. deleting Exhibit 2.2 attached to the Agreement and substituting Exhibit 2.3 attached hereto in

its place and stead.

3. Except as amended by this Addendum, Customer and DataSite hereby ratify and confirm that all of

the covenants, agreements, terms, conditions and other provisions of the Agreement are in full force

and effect and unmodified.

Executed under seal as of the Execution Date of Addendum written above-referenced.

Tohopekaliga Water Authority JYP Orlando, LLC

By:_________________________________ By:_________________________________

Name: Tom White ______ Name: Jeffrey W. Burges

Title: Chair, Ex-Officio Title President

mailto:[email protected]




– 2 –

________ ________

DataSite Customer

Exhibit 1.3 (Key Service Terms)

to

Colocation Master Services Agreement

DataSite Orlando


Orlando, Florida (the “Facility”)

Prior Customer: Toho Water Authority


Kissimmee, FL 34741



New Customer: Tohopekaliga Water Authority


Kissimmee, FL 34741



DataSite: JYP Orlando, L.L.C. (d/b/a DataSite Orlando)

c/o BURGES property + company

2658 Del Mar Heights Road #558

Del Mar, CA 92014

Attn: Jeffrey W. Burges

With a copy to:

DataSite Orlando


Orlando, Florida 32819

Attn: Robert Wilson, Director of Sales & Marketing

Customer Space:

Locking Cabinet

Total Quantity: 2

Power:

Cabinet #1 - 208volt/30amp

Cabinet #2 - 208volt/30amp

.

New Term: Beginning on the Execution Date and ending 36 months after the New Term

Commencement Date (the “Expiration Date”)

New Term

Commencement

Date:

August 31, 2018





– 1 –

________ ________

DataSite Customer

Monthly Space

License Rent:

Monthly Fee: $4,223.00 Installation Fee: $0.00

Monthly Cross

Connect Fees:

Monthly Fee: $0.00* Installation Fee: $0.00

* One cross connect will be provided at no cost to Toho.

New Incremental

Monthly Cross

Connect Fees:

Monthly Fee: $0.00 Installation Fee: $110.00

Other Customer

Service Fees:

Description of Service: N/A

Monthly Fee: Installation Fee:

See Statement of Work attached hereto as Exhibit 2.3 for description of

additional services.

Remote Hands:

On demand

hourly rate:

$120.00

0 – 5 hours

rate: $480.00

0-10 hours

rate: $960.00

0-20 hours

rate: $1,920.00

The Colocation Master Services Agreement to which this Exhibit 1.3 is attached is incorporated

herein by reference.

Executed under seal as of the Execution Date written above.

Tohopekaliga Water Authority JYP Orlando, L.L.C.

By:_________________________________ By:_________________________________

Name: Tom White ______ Name: Jeffrey W. Burges


– 2 –

________ ________

DataSite Customer

EXHIBIT 2.3

STATEMENT OF WORK

Purpose The purpose of this statement of work (SOW) is to define the physical space, electrical power circuits and communication circuit cross connects to be delivered to the customer space as defined in Exhibit 1.3, Key Service Terms. Physical Space Two (2) Locking Cabinet as defined in Exhibit 1.3 are to be furnished to the customer. Cabinets DataSite will provide Locking Cabinets as defined in the table below which will be securely attached to the raised floor and grounded to the master grounding ring.

Rack/Cabinet ID#

DataSite Provided Type

Customer Provided Type Dimensions Comments

1 Yes APC no 2 Yes APC no

Power Power strips will not be provided by DataSite. Toho needs to supply NEMA L6-30 locking power strips. The cabinets will be installed with the power defined in the table below.

Rack/Cabinet ID# Volts Amps Phase Receptacle

Redundant Circuit

Total Active

Total Redundant

1 208 30 Single L6-30 Yes 1 1

2 208 30 Single L6-30 Yes 1 1 Cross Connects The Cabinet will be supplied with the type and quantity of cross connects defined in the following table.

Cross Connect ID# Cross Connect Type

Carrier Name LEC Circuit ID

Expected Date of Delivery

1 Category6 Copper Brighthouse 874788 August 2012 2 Single Mode Fiber Spectrum L.003A011.003.1 July 2018

– 3 –

________ ________

DataSite Customer

Remote Hands DataSite will provide Customer with access to technical personnel to assist Customer on a 24x7x365 basis. Customer may elect to have DataSite staff assistance on an hourly “remote hands” basis at Customer’s contractual rate. In the event that Customer exceeds the contracted hours for remote hands services, subject to availability, Customer shall pay for additional hours at the “on demand” rate Contract Changes Summary Addendum #4 dated August 10th, 2018.

1. Changed Customer name. 2. Renewed term for 36 months. 3. Added Cross Connect #2.

*Cross Connect #1 will be disconnected after running in parallel for some time. Addendum #3 dated August 17th 2015

1. Renewed the contract for 3 years. Addendum #2 dated June 30th 2014.

1. Added another Locking Cabinet. Addendum #1 dated August 16th 2012.

1. Made changes to the standard contract language. Tohopekaliga Water Authority JYP Orlando, L.L.C.

By:_________________________________ By:_________________________________

Name: Tom White ____________ Name: Jeffrey W. Burges



Category: Consent Agenda Agenda Item: 7G

Department: Engineering Services Attachments: GB Paintings DSA, Location map

Title: GB PAINTING DEVELOPER’S SERVICE AGREEMENT Summary: GB Painting is a new commercial development located at the northeast intersection of Old Dixie Highway and Garden Street in Kissimmee and is required to execute a Developer’s Service Agreement (DSA) with TWA. The project proposes connecting to a 6” sewer lateral along Old Dixie Highway for wastewater service. The sewer lateral was constructed as part of the Marydia Sewer Extension project, which was built to eliminate failing residential septic tanks within the Marydia Subdivision. The residents will not be assessed the costs to construct the sewer main however commercial developments connecting to the Marydia sewer system will be assessed a proportionate share of the construction costs. The sewer main GB Painting is connecting into was originally designed to serve 4 vacant residential lots within the Marydia Sewer Extension project limits. During the Marydia sewer construction GB Painting approached staff with their development plans for 3 of the 4 vacant lots. Staff subsequently coordinated the sewer lateral location with GB Painting. GB Painting and the remaining vacant lot will receive sewer service through 251 feet of 8” sewer main, one manhole and associated service sewer laterals. The proportionate shares of the construction cost for this sewer main segment is based on gallons per day of sewer flow estimated from GB painting and the vacant lot. GB’s portion of the construction cost is $52,964.22. The DSA remains the same for all development projects with the exception of Section 21, Special Conditions of the Agreement which is reserved for each project to address specific project issues. There are nine special conditions for this DSA, eight of which are standard conditions typically approved by the Executive Director. The special condition requiring Board approval is described below:

c. The Developer/Owner shall reimburse TWA a proportionate share of the sewer main construction along Old Dixie Highway, totaling $52,964.22.


Category: Consent Agenda Agenda Item: 7G

Total Costs: NA

Recommended Action: Staff recommends approval of the GB Painting DSA

Initials: EG

Prepared by and Return to: Tohopekaliga Water Authority 951 Martin Luther King Blvd. Kissimmee, FL 34741 Parcel ID Number: 02-25-29-4080-0062-0030 02-25-29-4080-0062-0040 02-25-29-4080-0062-0050

TOHOPEKALIGA WATER AUTHORITY WATER AND WASTEWATER SYSTEM DEVELOPER'S SERVICE AGREEMENT

THIS AGREEMENT made and entered into this day of _______________, 2018, by and between _______________________________________________ (hereafter "DEVELOPER"), and TOHOPEKALIGA WATER AUTHORITY (“TWA”), an independent "Special District" created pursuant to Chapter 189, Laws of Florida.

R E C I T A L S 1. The DEVELOPER has or is about to develop property by erecting

commercial improvements consisting of ______________________________________ on property described in Exhibit “A” attached to and incorporated in this Agreement (the “Property”).

2. The DEVELOPER is desirous of prompting the construction and/or maintenance of central water and wastewater facilities so to receive adequate service.

3. TWA is willing to provide, in accordance with the provisions and stipulations hereinafter set out, and in accordance with all applicable laws, central water and wastewater service through central water and wastewater facilities, and to accept and operate a water distribution and wastewater collection system, and to thereafter operate such facilities so the occupants of the improvements constructed on the Property will receive adequate retail water and wastewater service from TWA.

ACCORDINGLY, for and in consideration of the Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the parties, the DEVELOPER and TWA hereby covenant and agree as follows:

SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement.

TWA Project 180020.GE.EG G.B. Painting Page 2

SECTION 2. DEFINITIONS. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning:

(1) "Service" - the readiness and ability on the part of TWA to furnish water and/or wastewater service to each lot on the Property.

(2) "Point of Delivery or Distribution" - the point where the pipes of utility are

connected with the pipes of the customer. Unless otherwise indicated, the point of delivery shall be at a point on the customer's lot line.

(3) "Contribution-in-aid-of-Construction" - The sum of money, and/or property,

represented by the value of the water distribution and wastewater collection system constructed by DEVELOPER, which DEVELOPER covenants and agrees to pay to TWA, as a contribution-in-aid-of-construction, to induce TWA to continuously provide water and wastewater service to the Property.

SECTION 3. EASEMENT AND RIGHT OF ACCESS. DEVELOPER hereby grants and gives TWA the exclusive right or privilege to construct, own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites and public places on the Property as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of said record plats. DEVELOPER hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be perpetual; that in the event TWA is required or desires to install any additional water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then DEVELOPER or the owner shall grant to TWA, without cost or expense to TWA, the necessary easement or easements for such "private property" installation; provided, all such "private property" installation by TWA shall be made in such a manner as not to interfere with the then primary use of such "private property." TWA covenants that it will use due diligence in ascertaining all easement locations; however, should TWA install any of its facilities outside a dedicated easement area, DEVELOPER, the successors and assigns of DEVELOPER, covenant and agree that TWA will not be required to move or relocate any facilities lying outside a dedicated easement area so long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed. TWA hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water and wastewater industry with respect to the installation of all its water and wastewater facilities in any of the easement areas; and the DEVELOPER in granting easement herein, or pursuant to the terms of this instrument, shall have the right to grant exclusive or non-exclusive rights, privileges and easement to other entities to provide to the Property any utility services other than water and wastewater service.


SECTION 4. PROVISION OF SERVICE; PAYMENT OF RATES.

4.1. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the DEVELOPER, TWA covenants and agrees that it will allow the connection of the water distribution and wastewater collection facilities installed by DEVELOPER to the central water and wastewater facilities of TWA in accordance with the terms and intent of this Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and Rehabilitative Services and the Florida Department of Environmental Protection. TWA agrees that once it provides water and wastewater service to the Property and DEVELOPER, or others have connected customer installations to its system, that thereafter, TWA will continuously provide, in accordance with the other provisions of this Agreement, and of applicable laws, including rules and regulations and rate schedules, water and wastewater service to the Property in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water and wastewater system of TWA. The DEVELOPER, its successors and assigns agree to timely and fully pay all applicable monthly rates, fees, and charges to TWA and otherwise fully comply with TWA’s rules, regulations, and ordinances applicable to the provision of water and wastewater service.

4.2. The DEVELOPER, its successors and assigns agrees to pay to TWA for monthly service within thirty (30) days after statement is rendered by TWA all sums due and payable as set forth in such statement. Upon failure or refusal to pay the amounts due on statements as rendered, TWA may, in its sole discretion, terminate service.

4.3. The DEVELOPER, its successors and assigns shall pay as a condition precedent impact fees and connection fees in accordance with TWA’s current rules, regulations, policies and ordinances.

SECTION 5. DESIGN, REVIEW, CONSTRUCTION, INSPECTION, AND CONVEYANCE OF FACILITIES.

5.1. To induce TWA to provide water and wastewater service, and to continuously provide customers located on the Property with water and wastewater services, DEVELOPER hereby covenants and agrees to pay for the construction and to transfer ownership and control to TWA as a contribution-in-aid-of-construction, the on-site and/or off-site water distribution and wastewater collection facilities referred to herein. All design and construction shall be in accordance with TWA rules, regulations, policies, resolutions, ordinances and utility standards.

5.2. DEVELOPER shall pay TWA to review engineering plans and specifications of the type and in the form as prescribed by TWA, showing the on-site and/or off-site water distribution and wastewater collection facilities proposed to be installed to provide service to the subject Property. TWA will advise DEVELOPER's engineer of any sizing requirements as mandated by TWA's system extension policy and utility standards for the preparation of plans and specifications for facilities within the Property. If applicable, such detailed plans may be limited to a phase of the Property, and subsequent


phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to TWA concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to TWA and no construction shall commence until TWA has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER's expense, the water distribution and wastewater collection facilities as shown on all plans and specifications.

5.3. During the construction of the on-site and/or off-site water distribution and wastewater collection facilities by DEVELOPER, TWA shall have the right to inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Complete as-built plans shall be submitted to TWA upon completion of construction.

5.4. By these presents, upon completion and approval by TWA, the DEVELOPER shall transfer to TWA, all right, title, and interest, free and clear of any encumbrances whatsoever, to the on-site and/or off-site water distribution and wastewater collection facilities installed by DEVELOPER's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by TWA of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by TWA, DEVELOPER shall convey to TWA, by bill of sale, or other appropriate documents, in form satisfactory to TWA's counsel, the complete on-site and/or off-site water distribution and wastewater collection facilities as constructed by DEVELOPER and approved by TWA. DEVELOPER shall further cause to be conveyed to TWA, all easements and/or rights-of-way covering areas in which on-site and/or off-site water distribution and wastewater collection facilities are installed by recordable document in form satisfactory to TWA's counsel. All conveyance of easements and/or rights-of-way shall be accompanied by a title policy or other evidence of title, satisfactory to TWA, establishing DEVELOPER's rights to convey such continuous enjoyment of such easements or rights-of-way for those purposes set forth in this Agreement to the exclusion of any other person in interest. The use of easements granted by DEVELOPER shall include the use by other utilities so long as such uses by electric, telephone, or gas utilities, or cable television do not interfere with use by TWA. TWA agrees that the acceptance of the on-site and/or off-site water distribution and wastewater collection facilities installed by DEVELOPER, for service, or by acceptance of the bill of sale, shall constitute that assumption of responsibility by TWA for the continuous operation and maintenance of such system from that date forward.

5.5. All installations by DEVELOPER or its contractor shall be warranted for at least one (1) year from the date of acceptance by TWA. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights-of-way. The water


distribution and wastewater collection facilities shall be covered by easements if not located within platted or dedicated rights-of-way.

5.6. Payment of the contributions-in-aid-of-construction does not and will not result in TWA waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by DEVELOPER making the contribution. TWA shall not be obligated for any reason whatsoever nor shall TWA pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any present or future right, title, claim or interest in and to the contributions or to any of the water and wastewater facilities and properties of TWA, and all prohibitions applicable to DEVELOPER with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. Any user or customer of water or wastewater services shall not be entitled to offset any bill or bills rendered by TWA for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of TWA.

SECTION 6. EVIDENCE OF TITLE. At least thirty (30) days prior to TWA’s acceptance of the water distribution and wastewater collection facilities, at the expense of the DEVELOPER, DEVELOPER agrees to either deliver to TWA an Abstract of Title, brought up to date, which abstract shall be retained by TWA, and remain the property of TWA, or to furnish TWA an opinion of title from a qualified attorney at law or a qualified title insurance company with respect to the Property, which opinion shall include a current report on the status of the title, setting out the name of the legal title holders, the outstanding mortgages, taxes, liens, and covenants. The provisions of this Section are for the exclusive rights of service contained in this Agreement. Any mortgage or lien holder having an interest in the Property shall be required to join in the grant of exclusive service rights set forth in this Agreement. Title standards shall be the same as those applicable to real estate generally adopted by the Florida Bar and in accordance with Florida law.

SECTION 7. OWNERSHIP OF FACILITIES. DEVELOPER agrees with TWA that the on-site and/or off-site water distribution and wastewater collection facilities conveyed to TWA for use in connection with providing water and wastewater services to the Property, shall at all times remain in the complete and exclusive ownership of TWA, and any entity owning any part of the Property or any residence or building constructed of located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any purpose, including the furnishing of water and wastewater services to other persons or entities located within or beyond the limits of the Property.

SECTION 8. APPLICATION OF RULES, REGULATIONS, AND RATES. Notwithstanding any provision in this Agreement, TWA may establish, revise, modify and enforce rules, regulations and rates covering the provision of water and wastewater service to the Property. Such rules, regulations and rates are subject to the approval of TWA’s Board of Supervisors. Such rules and regulations shall at all times be reasonable and subject to regulation as may be provided by law or under contract. Rates charged to DEVELOPER or customers located upon the Property shall be identical to rates charged


for the same classification of service. All rules, regulations and rates in effect, or placed into effect in accordance with the preceding, shall be binding upon DEVELOPER, upon any other entity holding by, through or under DEVELOPER; and upon any customer of the water and wastewater service provided to the Property by TWA.

SECTION 9. PERMISSION TO CONNECT REQUIRED. DEVELOPER, or any owner of any parcel of the Property, or any occupant of any residences or buildings located thereon, shall not have the right to and shall not connect to any customer installation to the water and wastewater facilities of TWA until approval for such connection has been granted by TWA.

SECTION 10. BINDING AGREEMENT; ASSIGNMENTS BY DEVELOPER. This Agreement shall be binding upon and shall inure to the benefit of DEVELOPER, TWA and their respective assigns and successors by merger, consolidation or conveyance. This Agreement shall not be sold, conveyed, assigned or otherwise disposed of by DEVELOPER without the written consent of TWA first having been obtained. TWA agrees not to unreasonably withhold such consent.

SECTION 11. NOTICES; PROPER FORM. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, or by mail to:

TWA: Executive Director Tohopekaliga Water Authority 951 Martin Luther King Blvd. Kissimmee, Florida 34741

DEVELOPER:

SECTION 12. SURVIVAL OF COVENANTS. The rights, privileges, obligations and covenants of DEVELOPER and TWA shall survive the completion of the work of DEVELOPER with respect to completing the water and wastewater facilities and services to any phase area and to the Property as a whole.

SECTION 13. ENTIRE AGREEMENT; AMENDMENTS; APPLICABLE LAW;

ATTORNEY'S FEES. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between DEVELOPER and TWA, made with respect to the matters herein contained, and when duly executed, constitutes the agreement between DEVELOPER and TWA. No additions, alterations or variations of the terms of this Agreement shall be valid, nor can provisions of the Agreement be waived by either party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed. This Agreement shall be governed by


the laws of the State of Florida, as well as all applicable local ordinances of TWA and it shall be and become effective immediately upon execution by both parties hereto. In the event that TWA or DEVELOPER is required to enforce this Agreement by court proceedings or otherwise, by instituting suit or otherwise, then TWA or DEVELOPER shall be entitled to recover all costs incurred, including reasonable attorney's fees.

SECTION 14. DISCLAIMERS; LIMITATIONS ON LIABILITY.

14.1. STATUS. The parties deem each other to be independent

contractors, and not agents of the other.

14.2. INDEMNIFICATION. Developer will indemnify, save and hold harmless TWA against all liability, losses, damage or other expenses, including reasonable attorney’s fees which may be imposed upon, incurred by or asserted against TWA by reason of any negligence on the part of the developer or its employees, agents, contractors, licensees or invitees; any personal injury or property damage occurring on or about the property or any part thereof; or any failure on the part of the developer to perform or comply with any covenant required to be performed or complied with against TWA by reason of any such occurrences, developer will, at developer’s expense, resist or defend any such action or proceeding. Provided further, however, developer shall have no obligation with respect to claims arising out of the intentional or negligent conduct of TWA or its employees, agents, contractors, licensees or invitees or of third parties not included in the definitions above. The liability and immunity of TWA is governed by the provisions of Section 768.28, Florida Statutes (1995), and nothing in this agreement is intended to extend the liability of TWA or to waive any immunity enjoyed by TWA under that statute. Any provisions of this agreement determined to be contrary to Section 768.28 or to create any liability or waive any immunity except as specifically provided in Section 768.28 shall be considered void.

14.3. FORCE MAJEURE. TWA shall not be liable or responsible to the developer by reason of the failure or inability of TWA to take any action it is required to take or to comply with the requirements imposed hereby or (or any injury to the developer or by those claiming by or through the developer, which failure, inability or injury is caused directly or indirectly by force majeure as hereinafter set forth). The term "force majeure" as employed herein shall mean acts of god, strikes, lock-outs, or other industrial disturbance; acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority, epidemics; breakdown of or damage to machinery, pumps, or pipe lines; landslides, earthquakes, fires, storms, floods, or washouts; arrests, title disputes, or other litigation; governmental restraints of any nature whether federal, state, city, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, city, municipal or otherwise, civil or military; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of TWA and which by exercise of due diligence TWA is unable to overcome.


14.4. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns, 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 party to this agreement or an authorized successor or assignee thereof.

14.5. DISCLAIMER OF SECURITY. Notwithstanding any other provision of

this agreement, the developer expressly acknowledges (1) that it has no pledge of or lien upon any real property (including, specifically, TWA's system), any personal property, or any existing or future revenue source of TWA (including, specifically, any revenues or rates, fees, or charges collected by TWA in connection with TWA's system) as security for any amounts of money payable by TWA under this agreement; and (2) that its rights to any payments or credits under this agreement are subordinate to the rights of all holders of any stocks, bonds, or notes of TWA, whether currently outstanding or hereafter issued.

14.6. AGREEMENT NOT A COMMITMENT FOR SCHEDULE. There shall be no liability whatsoever on the part of TWA for failure to supply water and wastewater service to developer according to developer’s needs or schedules. This agreement constitutes a promise of good faith and not a timetable for delivery of utility services.

SECTION 15. COVENANT NOT TO ENGAGE IN UTILITY BUSINESS. The DEVELOPER, as a further consideration for this Agreement, agrees that it shall not (the words "shall not" being used in a mandatory definition) engage in the business of providing water and wastewater service to the Property during the period of time TWA, its successors and assigns, provide water service to the Property, it being the intention of the parties hereto that the foregoing provision shall be a covenant running with the land and under said provision and also under other provisions of this Agreement TWA shall have the sole and exclusive right and privilege to provide water and wastewater service to the Property and to the occupants of each residence, building or unit constructed thereon.

SECTION 16. RECORDATION. The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded in the Public Records of Osceola County, Florida at the expense of the DEVELOPER.

SECTION 17. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced, and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable.

SECTION 18. AUTHORITY TO EXECUTE AGREEMENT. The signature by any person to this Agreement shall be deemed a personal warranty by that person that he has the full power and authority to bind any corporation, partnership, or any other business entity for which he purports to act hereunder.


SECTION 19. CAPACITY. Any specific reservations of capacity must be detailed within the body of this Agreement, under the heading "Special Conditions," and such capacity shall be so reserved, for a definite period of time only upon the payment of appropriate fee, or negotiated between the parties, by the DEVELOPER to TWA.

SECTION 20. ARMS LENGTH TRANSACTION. Both parties have contributed to the preparation, drafting and negotiation of this document and neither has had undue influence or control thereof. Both parties agree that in construing this Agreement, it shall not be construed in favor of either party by virtue of the preparation, drafting, or negotiation of this Agreement.

SECTION 21. SPECIAL CONDITIONS. The following Special Conditions are mutually agreed between DEVELOPER and TWA. 1. The DEVELOPER shall coordinate locations for all water, sewer and reuse

services and mains with other utility companies (i.e., gas, power, telephone, cable) and the home builder(s) to avoid conflicts or damage to the services and mains. The following conditions apply:

a. Transformer junction boxes shall not be allowed over water, sewer or reuse services or mains.

b. Water, sewer and reuse services shall not be located under house driveways.

c. During the development of any and all lots of the subdivision and the multifamily section The Developer shall be responsible for the repair or correction of any conflicts between water, sewer and reuse mains/services and other utilities/driveways at The Developer’s expense until all buildings are constructed.

2. Tree plantings shall maintain a minimum of five feet horizontal separation from

water, sewer and reuse mains and services. Tree plantings that do not meet this minimum distance shall be relocated at the DEVELOPER’s expense.

3. The DEVELOPER shall timely pay to TWA system development charges in

accordance with the System Development Charge Resolution adopted in Resolution No. 2010-021.

4. All existing water, gravity and force mains along __Old Dixie Highway___

impacted by ___GB Painting_ proposed __Old Dixie Highway___ roadway improvements shall be relocated at the expense of The DEVELOPER to the satisfaction of TWA.

5. TWA’s water, sewer and reuse operation and maintenance responsibility shall be

limited to the potable and irrigation meters only. The remainder of the system shall be privately maintained by the DEVELOPER.

6. The DEVELOPER shall provide TWA site access and utility easements around

the potable and irrigation meters for operation and maintenance.


7. If the Project will introduce grease, oil, sand and/or mud the proper pretreatment

structure (i.e., grease trap/interceptor, oil interceptor, sand/mud trap) shall be provided by the DEVELOPER sized in accordance to TWA’s standards and specifications. If the pretreatment structure initially constructed proves to be of insufficient capacity as determined by TWA, it will be required for the DEVELOPER to increase the capacity of the pretreatment structure until an acceptable effective level of service is provided.

8. If a reuse main is installed and placed into service in an easement adjacent to

the Old Dixie Highway right-of-way or within the Old Dixie Highway right-of-way, the Project shall be required to connect to the reuse system for irrigation service within ninety days at the DEVELOPER’s expense.

9. The Developer/Owner shall reimburse TWA a proportionate share of the sewer

main construction along Old Dixie Highway, totaling $52,964.22.

[Remainder of page intentionally left blank]


IN WITNESS WHEREOF, DEVELOPER and TWA have executed or have caused this Agreement, with the named Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement.

TOHOPEKALIGA WATER AUTHORITY

By: Tom White, Chair Ex-officio Board of Supervisors

Attest:

Clarence L. Thacker, Secretary Board of Supervisors

The form of this agreement has not been changed or modified from the standard form except for the inclusion of standard Special Conditions, which have been previously approved by the Board of Supervisors. STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me this day of ________________, 2018, by Tom White, as Chair Ex-officio of the Board of Supervisors of Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, on behalf of the district. He is personally known to me or has produced _________________ identification.

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

Title or Rank

Serial Number, if any.


Signed, sealed and delivered DEVELOPER in the presence of: x: By:

Printed Name:

By: Its:____

x:

By: [Corporate Seal]

STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ______________, 2018, by , of , a authorized to do business in the State of Florida, on behalf of the corporation. S/He is personally known to me or has produced as identification and did (did not) take an oath.

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

Title or Rank

Serial Number, if any.


EXHIBIT A Property Description and Location Map


Category: Consent Agenda Agenda Item: 7H

Department: Engineering Services Attachments: Location Map Title: APPROVAL OF BID FOR UTILITY IMPROVEMENTS FOR THE HOAGLAND BOULEVARD REALIGNMENT AND WIDENING PHASE 3 PROJECT Summary: The Board is requested to approve the low competitive bid in the amount of $635,774 for the utility improvements to be constructed in conjunction with Osceola County’s Hoagland Boulevard Realignment and Widening Phase 3 project. The construction contract award will be contingent upon the Osceola County Board of County Commissioners (BoCC) award the roadway improvements contract to Jr. Davis on August 6, 2018.

Hoagland Boulevard Realignment and Widening project includes 3 phases. Phase 1 widening the existing road from US-192 to 5th Street was completed in 2011. Phase 2 realigning Hoagland Boulevard from 5th Street to Shingle Creek will start construction in FY 2019. Phase 3 (this project) realigns and widens Pleasant Hill Boulevard from John Young Parkway to north of the Shingle Creek bridge. In conjunction with the roadway work, approximately 300 LF of 8 inch water main and 2,278 LF of 12 inch water main will be relocated in Phase 3 to eliminate conflicts with the roadway improvements. The Authority and the County have executed an Interlocal agreement with TWA to construct the Authority’s utility improvements and the County’s roadway improvements as one project. The Authority will reimburse the County for the utility construction cost and a share of the project Construction Engineering and Inspection (CEI) cost. The County advertised the Phase 3 construction project with a bid opening on June 26, 2018. Two bids were received and are listed below:

Bidder Total Bid Amount Roadway Work Bid Amount

TWA Utility Work Bid Amount

Jr. Davis Construction

Co, Inc. $10,709,516.60 $10,073,742.60 $635,774.00

Masci General Contractor, Inc. $12,494,718.75 $11,513,024.56 $981,694.19


Category: Consent Agenda Agenda Item: 7H

The County staff will recommend contract award to Jr. Davis at the BoCC meeting on August 6, 2018 based on the low total bid for the roadway and utility improvements. Jr. Davis is also one of the Authority’s continuing contractors.

Ground Penetrating Radar (GPR) and Subsurface Utility Excavations (SUEs) technologies were utilized during the design to locate the existing utilities to minimize unforeseen conflicts with utilities and the road improvements. However, at three locations, the ground consists of a solid clay layer impeding the radar from penetrating the ground and the precise location of existing utilities were not confirmed. These areas are located under pavement with busy traffic and could not be excavated for investigation during the design. The investigation of the existing utilities at these locations by the contractor are included in the construction project. To cover any potential conflicts from the inability to locate existing utilities in these areas, a 10% TWA contingency in the amount of $63,577 is requested for this project.

The County has negotiated a contract for the CEI services in the amount of $972,474.03 for this project and TWA’s not-to-exceed cost for the CEI share is $58,348.44. TWA will compensate the CEI based on the actual time and efforts spent on inspection, coordination and soil density testing for the TWA’s work. TWA will also assign an inspector to the project to minimize CEI’s inspection service cost. The CEI will not perform inspection work when TWA’s inspector is on the project site.

The project will be funded by Hoagland Boulevard budget funds ($425,000) and Reserves ($332,699.44). Additional funding, $1,000,000, is included in the FY19 budget for Hoagland Boulevard Phase 3 (this project) and Phase 2, the 36 inch effluent reuse main relocation project. If this request is approved the FY19 funding will be reduced by $332,699.44.

Total Costs: $757,699.44 including a 10% contingency fee and CEI cost

Recommended Action: Staff requests approval of $757,699.44 for the utility relocation, construction CEI services and a TWA 10% contingency in conjunction with the County’s Hoagland Blvd. Realignment and Widening Phase 3 project. Initials: LZ

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Category: Consent Agenda Agenda Item: 7-I

Department: Engineering Services Attachments: Location Map, Scope of Services Title: SCOPE OF ENGINEERING SERVICES FOR NEO-CITY ONSITE UTILITY EXTENSION PHASE 2 Summary: The Board of Supervisors is requested to approve the scope of services with CM Arrington & Associates, Inc., a provider of continuing consulting services for the Authority, for the design of the NeoCity Phase 2 project in the amount of $134,541.42. The Phase 2 project and the NeoCity Way section of the Phase 1 project coincide with the County’s proposed roadway work. The County has obtained a grant from the Department of Economic Opportunity and is required to bid the construction for NeoCity Way & Denn John Extension by December 1, 2018 and to initiate construction by May 1, 2018. The infrastructure within these rights-of-way should be installed prior to or in conjunction with the road improvements to avoid increased construction costs at a future date with the road in service. The Phase 2 project will construct approximately 2,200 LF of 16” reuse and potable mains, 3,100 LF of 12” sanitary force main, and 500 LF of 8” gravity sewer within the undeveloped NeoCity site. Phase 2 also includes modeling and pump selection for updating the FAMRC on-site lift station to utilize the proposed force mains resulting in more energy efficient operation. The Phase 2 mains compliment the Phase 1 mains currently approaching 100% design. The attached sketch details these proposed Phase 1 and Phase 2 improvements. Phase 1:

• 16” potable, reuse, and sanitary force main service along the North-South Road between Neptune Road and NeoCity Way

• 16” potable main connection to US192 • 12” potable and reuse connections between the N-S Road and the mains on

NeoCity Way previously installed to serve the FAMRC project Phase 2:

• 16” potable and reuse mains along the Denn John Extension from the N-S Road to the northern NeoCity property line

• 12” sanitary force main stubout along Denn John Extension for a future lift station


Category: Consent Agenda Agenda Item: 7-I

• 12” sanitary force main from the existing FAMRC lift station to the N-S Road • 8” gravity sewer extension from the previously installed collection system near

FAMRC The mains are sized to support recruitment of high tech industries that may have high water and wastewater demands. The mains will also serve as arterial mains for the remainder of the NeoCity property connecting to future utility extension projects as the site develops. Although the County has not provided the anticipated demands for the NeoCity project, the Authority is assuming a build out demand of 2,000,000 gpd of water and wastewater service. In order to achieve this level of service additional offsite improvements will be required under a future project. The Phase 2 engineering scope includes preliminary design, final design, permitting, bidding assistance, and construction administration services. The Phase 2 project design will be funded by budgeted site development funds.

Total Costs: $134,541.42 for Phase 2 design services.

Recommended Action: Staff recommends the Board approve the scope of services for the NeoCity Onsite Utility Extension Phase 2 project with CM Arrington & Associates, Inc. in the amount of $134,541.42. Initials: ghe

EXHIBIT A – SCOPE OF ENGINEERING SERVICES

TOHOPEKALIGA WATER AUTHORITY

NEOCITY WAY POTABLE WATER MAIN, FORCED SEWER MAIN, REUSE MAIN, & LS No.240 MODIFICATIONS

C M ARRINGTON & ASSOCIATES, INC.

July 31, 2018

SCOPE OF SERVICES

General

C M Arrington & Associates, Inc. (CMA) proposes to provide consulting engineering services tothe Tohopekaliga Water Authority (TWA) related to the design of potable water main, forcesewer main, reuse water main improvements, gravity sanitary sewer main, force main hydrauliccalculations and revision to LS 240 for the extension of NeoCity Way located within the NeoCityProject.

The works include a 16” potable water main along NeoCity Way (approximately 2,230 linearfeet) from the proposed 16” water main stub out located just west of the intersection of theexisting power line with NeoCity Way to the North property line of the NeoCity Project, a 16”reuse water main along NeoCity Way (approximately 2,230 linear feet) from the proposed 16”reuse water main stub out located just west of the intersection of the existing power line withNeoCity Way to the North property line of the NeoCity project, a 12” forced sewer main(approximately 3,100 linear feet) commencing at a point on NeoCity Way approximately 1,350feet west of the intersection with the fortune Road extension to the existing 10” forced sewermain stub out located approximately 1,750 feet east of the intersection with Fortune Road. Thegravity sanitary sewer main consists of 3 manholes and approximately 487 linear feet of 8"gravity main. Hydraulic calculations will be performed on the existing and proposed force mainsystem servicing the NeoCity project with revisions to the existing LS 240 based upon thesecalculations.

This phase of the works includes the following tasks:

Final Design (60%, 90%, & 100%)

This phase of the work will commence upon approval of the preliminary plans and will includethe following task:

CMA will prepare construction drawings of the proposed improvements. The set ofdrawings will include key sheet, summary of pay items, abbreviations and legend sheets,general note sheets (1), project layout sheets (1), plan and profile sheets (8). The scaleof the full size drawings will be 1” = 20’, half scale drawings will be 1” = 40’.

Technical specifications will be prepared, utilizing TWA technical specifications, withsupplements by CMA as requested.

TWA’s standard front end documents will be incorporated into the technicalspecifications with CMA adding the description of the work, Bid Schedule andMeasurement and Payment Section, and modifying the Advertisement and Informationfor Bidders section to correlate to this project. These works include one bid only, if theproject is separated into more than one contract, these additional works will beconsidered extra works beyond the scope of this agreement.

Provide necessary quality control and quality assurance in-house. CMA will coordinatewith TWA throughout the project, provide check sets of the engineering drawings at60%, 90%, and 100% levels for review, and provide the technical specifications at the60%, 90%, and 100% level for review. CMA will make any revisions approved by TWAand will incorporate them into each review set.

Provide Engineers Estimation of Costs at 60%, 90% and 100%.

Permitting

This phase of the works will include preparation of permit applications, submittal of applicationsand support information to the applicable agencies, response to request for additionalinformation and making reasonable attempts to obtain permits from the following agencies:

Osceola County Right of Way Utilization Permit for the proposed utilities within the rightof way of Neptune Road and Bill Beck Boulevard.

Florida Department of Environmental Regulation Potable Water Main Extension Permitfor the proposed potable water main infrastructure and a Individual Wastewater Permitfor the force main.

NPDES Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) willbe filed directly by the awarded contractor.

All permit or application fees will be paid by TWA.

Bidding Assistance

This phase of the work will include the follow works:

Prepare plans and project manual in electronic format (ACAD & PDF). Answer bidders’questions and prepare addenda as required.

Evaluate the bids that are submitted and make a recommendation of award.

Construction Phase and Post-Design Phase Services

This phase of the works has been assumed to be 5 months in length, and will include thefollowing tasks:

Prepare agenda for Preconstruction conference, review Preconstruction video, attendand record minutes of meeting.

Provide preconstruction services necessary to assist the contractor to start works.The Project Engineer will attend the TWA Construction Progress Meetings, and prepareminutes. These meetings are anticipated to be on a monthly basis. (5 months)

The Project Engineer will conduct limited job site visits during the construction of theproject.

CMA will provide Contract Document interpretation and address RFI’s from theContractor.

CMA will review the Contractor’s Shop Drawings for approval.

CMA will assist TWA and review and analysis of proposed Change Orders, provide FieldOrders and Work Orders, and revised contract documents as determined necessary.

CMA will coordinate with TWA and their Resident Inspector throughout the constructioncontract.

CMA will coordinate with the Contractor regarding provision of the record as-built surveydrawings prior to substantial completion and punch list preparation. The substantialcompletion inspection will include preparation of a substantial completion form with anattached punch list of items to be completed prior to final completion.

Once construction is substantially complete and the contractor has submitted as-builtconstruction drawings, CMA will prepare Record Drawings based on the contractor’s as-built drawings to indicate field changes made by the contractor and shown on the as-built drawings and will follow TWA’s requirements.

Certification of completion documents will be completed and submitted to FDEP forclearances to place lines in service.

CMA will provide TWA with copies of the Record Drawings for their files. Thedocuments will include two sets of paper prints, and one electronic file of the work inAutoCAD format and PDF format.

PROJECT SCHEDULE: TENTATIVE

Task Authorization: 8-8-18

60%Submittal: 8-31-18

TWA Comments: 9-7-18

90% Submittal: 9-21-18

TWA Comments: 10-5-18

100% Submittal: 10-15-18

Bidding Process:

Commence Construction

Client Responsibility

TWA will be responsible for:

Payment of permit and application fees.Providing day-to- day construction inspection services.Geotechnical Services

ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT

Name of Project: Neo City Way Consultant Name: C M Arrington & Associates, Inc.

County: Osceola Consultant Number:

Client Toho Water Authority Date: 7/31/18

Estimator: C.O. Arrington, Jr., P.E.

$71.43 $66.67 $57.14 $57.14 $42.86 $66.67 $42.86 $69.05 $23.81 $21.43

Survey WorksControl Survey 0 0 0 0 0 0 0 0 0 0 0 0 $0.00Location Survey Works 0 0 0 0 0 0 0 0 0 0 0 0 $0.00Topographical Survey Works 0 0 0 0 0 0 0 0 0 0 0 0 $0.00Utilities Survey Works 0 0 0 0 0 0 0 0 0 0 0 0 $0.00

Preliminary DesignDesign Development 4 24 0 0 0 0 0 0 0 0 0 28 $1,885.80Meet with TWA & Other Agencies 4 8 0 0 0 0 0 0 0 0 0 12 $819.08Coordinate Utility Letters 0 4 0 0 0 0 0 0 0 0 0 4 $266.68Preliminary Design and Layout 4 24 0 0 0 0 0 0 0 0 0 28 $1,885.80Hydraulic Modeling 4 24 0 0 0 0 0 0 0 0 0 28 $1,885.80Coord. w/geotech 0 8 0 0 0 0 0 0 0 0 0 8 $533.36

Final DesignKey Sheet 0 4 0 0 8 0 0 0 0 0 0 12 $609.56Summary of Pay Items 4 16 0 0 16 0 0 0 0 0 0 36 $2,038.20General Notes (1) 0 8 0 0 16 0 0 0 0 0 0 24 $1,219.12Typical Sections (1) 0 24 0 0 24 0 0 0 0 0 0 48 $2,628.72Project Layout (1) 8 40 0 0 80 0 0 0 0 0 0 128 $6,667.04Plan & Profile Sheets (8) 12 60 0 0 120 0 0 0 0 0 0 192 $10,000.56Erosion Control Plan-on P&P (8) 0 24 0 0 24 0 0 0 0 0 0 48 $2,628.72TWA Details & Notes (2) 0 8 0 0 24 0 0 0 0 0 0 32 $1,562.00QA/QC 12 24 0 0 0 0 0 0 0 0 0 36 $2,457.24Prepare Technical Specifications 8 16 0 0 0 0 0 0 0 0 20 24 $1,658.16TWA Front -End Docs/Bid Form 8 24 0 0 0 0 0 0 0 0 0 32 $2,171.52Send Plans to Utility Companies 0 8 0 0 8 0 0 0 0 0 0 16 $876.24Meetings with TWA 24 24 0 0 0 0 0 0 0 0 0 48 $3,314.40

`

Time CostCopiesDescription PrincipalEngineer

Sr. Proj.Engineer

SurveyCrew

Admin.Assistant ClericalProject

Engineer Eng. Tech. Reg,Surveyor

SurveyTech.Planner

1

ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT

$71.43 $66.67 $57.14 $57.14 $42.86 $66.67 $42.86 $69.05 $23.81 $21.43

PermittingOsceola County ROW Util. Permit 0 0 0 0 0 0 0 0 0 0 0 0 $0.00FDEP Water & Sewer System Permit 0 8 0 0 0 0 0 0 0 6 0 14 $661.94FDOT Permit 0 0 0 0 0 0 0 0 0 0 0 0 $0.00C.S.X. Railroad 0 0 0 0 0 0 0 0 0 0 0 0 $0.00

Bidding AssistanceBidders' Questions/Addenda 8 16 0 0 0 0 0 0 0 4 0 28 $1,723.88

Construction AdministrationFurnish conformed documents 16 16 0 0 0 0 0 0 0 4 0 36 $2,295.32Preconst. Conf. & other services 4 8 0 0 0 0 0 0 0 4 0 16 $904.80Shop Drawing Reviews 16 16 0 0 0 0 0 0 0 4 0 36 $2,295.32Monthly Progress Meetings 16 16 0 0 0 0 0 0 0 22 0 54 $2,690.49Interpret design documents (RFI's) 16 16 0 0 0 0 0 0 0 4 0 36 $2,295.32Periodic engineering site visits 16 16 0 0 0 0 0 0 0 0 0 32 $2,209.60Claims/Change Orders 16 16 0 0 0 0 0 0 0 0 0 32 $2,209.60Completion Inspections 4 4 0 0 0 0 0 0 0 0 0 8 $552.40Certifications 4 4 0 0 0 0 0 0 0 0 0 8 $552.40Record Drawings 4 24 0 0 40 0 0 0 0 8 0 76 $3,771.64

Total Staff Hours 212 532 0 0 360 0 0 0 0 56

Total Staff Cost $15,143.16 $35,468.44 $0.00 $0.00 $15,429.60 $0.00 $0.00 $0.00 $0.00 $1,209.51 $67,270.71 Cost $0.00 $0.00

SUBTOTAL ESTIMATED FEE: $67,270.71

Multiplier: 2 $134,541.42

Time Cost by ActivitySurveyTech.

SurveyCrew

Admin.Assist, Clerical CopiesProject

Engineer Planner Eng. Tech. Reg,SurveyorDescription Principal

EngineerSr. Proj.Engineer

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NeoCity Way

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FAMRC

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Ph 2: 16" potable & reuse, 12" force main

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Ph 1: 16" potable

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Ph 1: 16" potable, reuse, & force main

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NeoCity Utilities Location Map


Category: Consent Agenda Agenda Item: 7J

Department: Engineering Services Attachments: Location Map, Agreement Title: RICHARD MCLAUGHLIN WATER TREATMENT PLANT WELL #3 DRILLING CONTRACT AWARD Summary: The Board of Supervisors is requested to award the construction contract for drilling Well #3 for the Richard McLaughlin Water Treatment Plant (RMcLWTP) to the low responsive bidder, All Webbs Enterprise, Inc., in the amount of $242,000 plus a 15% contingency. This project will drill, test, and develop (pump at various flow rates) the new RMcLWTP Well #3, the sixth well serving this plant. The well will be located off of Thacker Avenue south of Carroll Street on property the Authority previously acquired for this use. A separate project, currently in design, will install a well pump, piping, security, communications, pump control, electrical, and mechanical systems at the well site and 5,400 feet of 16 inch raw water main between the well and the plant. Upon completion of both projects, the plant capacity will be increased by approximately 3,500 gallons per minute. This project and future plant expansion projects are necessary to increase the treatment plant capacity to serve growth in the service area. The well drilling project includes drilling a 500’ pilot hole, installing a 30” diameter surface casing, drilling & installing 24” diameter steel casing to a depth of 300’, drilling an additional 300’ of uncased well, grouting the casing, installing the well pad & cap, developing the well at varying flow rates, disinfecting the well, and performing various tests to verify capacity and conformance with the project specifications. The project bid opening was held July 12, 2018 with the following results:

All Webbs Enterprises, Inc. $242,000 AC Shultes of Florida, Inc. $318,225 Rowe Drilling Co. $366,856 Youngquist Brothers, Inc. $396,000

Staff evaluated the bids and determined the All Webbs Enterprises bid to be valid. Due to the bid difference between the low bidder and second bidder, the bid was carefully evaluated. This bid was the lowest unit price on nine of the nineteen bid items, was lower than the average bid price for all but three bid items, and was not the highest unit price on any bid item. Staff contacted All Webbs and confirmed they are confident in


Category: Consent Agenda Agenda Item: 7J

their pricing and will honor their bid. All Webbs mentioned during this conversation that following award, they will be submitting an alternate casing installation method for consideration, but their acceptance of the project is not contingency on the Authority’s approval of the alternate method. The design engineering firm, Tetra Tech, and their Professional Geologist subconsultant, Ardaman & Associates, have evaluated the low responsive bidder, All Webbs Enterprise, Inc., by checking references, verifying licensure, and previous direct experience on similar projects and have made a recommendation of award accordingly. This project will be funded by budgeted system development funds.

Total Costs: $242,000.00 plus 15% contingency for a total approval of $278,300

Recommended Action: Staff recommends the Board award the well drilling contract to All Webbs Enterprises, Inc. in the amount of $242,000.00 plus 15% contingency for a total approval of $278,300. Initials: ghe

117001 422

All Webbs Enterprises, Inc.

Location MapRichard McLaughlin Water Treatment Plant Well #3

Drilling Contract Award.08.08.18.ge

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Category: Staff Reports Agenda Item: 11A

Department: Engineering Services Attachments: Telcare Customer Service Surveys Title: ENGINEERING CUSTOMER SERVICE SURVEY REPORT Summary: Engineering Services has contracted with a third party vendor, Telcare Retention Services to perform customer service surveys related to TWA’s Private Development processes. Telcare Retention Services was chosen as the third party vendor due to an existing relationship with Customer Service and Field Services. Telcare is contacting Developers, Engineers and Contractors after the projects are accepted by TWA. Eighteen contacts were provided to Telcare Retention Services in the last quarter with ten responses received to date. Results were generally positive but a few customers did have comments and suggestions for improvements. These comments are addressed below: Survey Comment: A contractor who chose to remain anonymous stated TWA needs to have a better understanding of existing utilities and where the utilities are located. Response: TWA’s existing utility locations are based largely on documents provided by the development community as “record drawing” – “as-built” locations of utilities constructed by developers and donated to TWA for operation and maintenance. This information is then transferred into TWA’s GIS. TWA staff have developed and implemented in 2015 revised requirements for as-built information to be placed into TWA’s GIS to improve the accuracy of record drawings. These requirements are provided to the developer, contractor’s surveyor and engineer during the preconstruction meeting to ensure uniform, complete and accurate information is provided on utility locations. However, prior to the development of the new processes, TWA generally accepted submittal documents as accurate because the documents were signed and sealed by



a licensed engineer. Unfortunately, the signed and sealed documents did not always reflect constructed conditions. Additionally, there are significant portions of TWA’s service area that were purchased from private entities including Central Florida Utilities, FGUA, Harmony and others, that were missing or in some cases had incorrect record drawings. Approximately, 50% of TWA’s service area was purchased from these private entities. TWA engineering, customer service and field services staffs’ are working in conjunction with the GIS staff to correct errors in GIS as they are discovered. This is an ongoing and continuous process to improve the GIS utility location information available for staff to use in system maintenance and for the development community to use as well. Survey Comment: A contractor who chose to remain anonymous, stated GIS review of record drawings took a few months and it is typical for it to take that long. Response: The review and acceptance for record drawings is a two-step process. Record drawings submitted by the development community are reviewed by the TWA construction inspector as the first step. The inspector follows a checklist to ensure the contractor accurately captures the infrastructure construction and is provided in the proper format on the record drawings. Inspector’s review times vary from 3 – 8 days depending upon the size and complexity of the project. Upon completion of the inspector review the record drawings are returned to the engineer of record for correction and resubmittal. The cycle is repeated until the record drawings reflect the actual construction of the utilities. The inspection review timeframe last quarter was met for all 68 submittals received. The review criteria and timeframes are discussed at the preconstruction meeting with the developer and his representatives and are available for review on the TWA website. Once the inspector record drawing review is complete and accepted by the inspector the record drawings are sent to the GIS department for the second step. The GIS team reviews the drawings and places the information into TWA’s GIS, making it available for staff to use. Upon completion of GIS staff review the record drawings are returned to the engineer of record and the cycle repeated until the record drawings GIS information is correct. GIS review timeframe is ten business days but the team has recently been averaging five days or less and have not missed a review deadline this fiscal year. Additionally, the TWA process does not prevent the developer from receiving CO’s on up to 80% of the project’s buildings during the GIS review and acceptance if all other items are completed. Providing accurate record drawing information is a complex



process that requires the contractor’s surveyor and engineer of record to work together to provide the necessary information to TWA. The length of time to complete record drawing reviews is greatly dependent on the quality of the initial submittal and the developer’s engineer’s thoroughness in incorporating staff’s comments. This contractor chose to remain anonymous so it is not possible to get additional information that may help explain why the review process was so lengthy on this project. Survey Comment: An engineer stated that for this particular project he cannot remember, but in general TWA asks too much for GIS. The process should be more streamlined and tailored to each project. He’s made this comment in the past and although the process has improved, there is still room for improvement. Response: TWA’s GIS requirements are consistent with other local utilities including Orange County Utilities. As previously mentioned, TWA relays the requirements to the engineer and contractor prior to project initiation. Staff has also reviewed the record drawing requirements with TWA senior management to ensure that requirements are appropriate and provide the level of detail necessary to accurately reflect the infrastructure improvements that will be maintained and operated by TWA. Survey Comment: The same engineer stated the closeout procedures should be tailored to each project and not be so rigid. He always has issues during closeout no matter how much planning goes into the closeout process. Response: TWA provides a closeout checklist to the customer(s) for each individual project at the project’s preconstruction meeting. Items not applicable to that particular project are marked accordingly in the preconstruction meeting so each private development project is only required to provide closeout items relevant to that specific project. This particular project was a multi-phase apartment project. At the preconstruction meeting, the developer requested to expand the phasing plan for the TWA accepted plans from 2 phases into 4 phases.



During preconstruction meetings, staff works with the engineer, contractor and developer to establish a phasing plan that will meet, as much as possible, the needs of the developer and TWA. In this case, staff declined the request for 2 additional phases due to the amount of resources that would be required to closeout each phase relative to the overall size of the project. Staff explained that each building could be CO’d separately but only after the infrastructure improvements for that particular phase were accepted. Multiple factors are considered in project utilities phasing including how utility services transition through the site. TWA cannot serve a phase of a project by accepting water or sewer infrastructure that runs through an unfinished or undeveloped phase of the project. This may create unnecessary and potentially dangerous maintenance issues for TWA. TWA could risk needing to perform repairs on infrastructure that new customers are relying on for service in the middle of an active construction site with large construction equipment in use. Staff continued to work with the developer after the preconstruction meeting and during project closeout a 3 phase plan was developed to enable the developer to meet his closing dates due to his contractor being behind schedule. Often the closeout of a project requires flexibility by TWA to help the developer meet their development schedules. Staff when possible, assists developers meet scheduled closings while ensuring requirements are met to ensure TWA and its stakeholders are protected. Survey Comment: A developer stated TWA requirements are more stringent than in other areas that he has worked but TWA’s requirements are very straightforward. He doesn’t have to guess what the requirements are because TWA provides a checklist and enough documentation to help prepare him for the job. He also stated that it would be nice to pay all fees upfront instead of waiting to the end of the job he would like to have a check cut and ready to go. Response: TWA Engineering staff continually work collaboratively with the development community to improve the private development process so that it runs smoothly for all stakeholders. Over the past several years, multiple changes have been made to processes and he TWA Standards and Specifications based on input from the development community. TWA requirements ensure all stakeholders are protected by



a sound well-constructed infrastructure system and undue cost is not placed on ratepayers for development. Staff requires water meter fees be paid after the project is approved for meters based upon FDEP requirements. Fee amounts are provided at the beginning of the job in the System Development Charge Assessment letter. This includes meter and connection fees. Providing this information allows the developer to know his costs and when they are due. Developer’s also have an opportunity to set up escrow accounts with TWA which allow fees to be paid from escrow as they are requested. Survey Comment: A developer who remained anonymous said that the time for a meter installation takes forever. Response: The current Customer Service meter set timeframe is 15 business days. Customer Service is currently in the bid process to outsource meter sets. This should greatly reduce the time required to set a meter. Survey Comment: A developer stated that TWA requirements are strict but fair. Response: Staff agrees with his comment and appreciates candid feedback. Survey Comment: A developer who remained anonymous stated TWA requirements are typical. The only issue he has is with turnover inspections. Phasing and turnover is arduous. Response: TWA final inspections are performed to ensure all infrastructure visually inspected has met the plan and specification requirements. This is a typical inspection required by all utilities prior to project acceptance and accepting ownership of the newly installed infrastructure. Coordination Meetings:

Staff held coordination meetings with AV Homes and Pulte Homes in July 2018. The developers praised TWA staff and specifically mentioned they were appreciative of TWA staffs willingness to work with them as they transition with new staff. TWA’s



Senior Inspector offered a training session with new AV Homes staff to help ensure they understand TWA requirements. AV Homes field teams accepted the offer to receive training for sewer connection, TWA’s water conservation program – “Toho Efficiency Program” (TEP) and final inspections to reduce inspection failure rates. Staff has also scheduled a coordination meeting with Tavistock scheduled for mid-August for the first Sunbridge project. Staff has also reached out to Lennar, Mattamy, Encore and DR Horton to schedule coordination meetings in the next quarter. Staff will also reach out again to the smaller builders in our community over the summer to discuss changes since the previous small builder meeting last year.

Engineering Software Update:

A cross divisional team from Engineering, IT, Business Services, Procurement and Customer Service are working together with a consulting team from EMA to develop a software solution to automate much of the development review and approval process with a focus on improved customer experiences and improved efficiencies. The software development team has, and will continue to solicit input from the development community. Recently a project kick-off meeting with a select cross sectional group of several large developers, engineers and underground utility contractors who have the resources and incentive to commit to a successful implementation was held. Several attendees expressed an interest in being involved in the development and testing for this project.

Over the past several months, staff and EMA developed processes and requirements to be included in a Request for Qualifications (RFQ) to select a software vendor. The RFQ was advertised on Monday, July 30th and is scheduled to close at the end of August and anticipate short listing (developing a list of no more than three firms for a detailed evaluation) in September. The tentative “go live” period is early 2020 and will depend on the progress of implementing and testing the selected software.

Total Costs: none

Recommended Action: none

Initials: RB

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