Toho and Meetings/2005/AGD 05.25.2005.pdfwednesday, may 25, 2005 at 5:00 pm in the commission...

TohoWater

Authori-ty 4

AGENDA

REGULAR MEETING OF THE TOHOPEKALIGA WATER AUTHORITY TO BE HELDWEDNESDAY, MAY 25, 2005 AT 5: 00 PM IN THE COMMISSION CHAMBERS, KISSIMMEECITY HALL, 101 NORTH CHURCH STREET, KISSIMMEE, FLORIDA

MEETING CALLED TO ORDER

2. INVOCATION AND PLEDGE OF ALLEGIANCEI , 1

3. APPROVAL OF THE AGENDA

4. AWARDS AND SPECIAL PRESENTATIONS: RECOGNITION OF EMPLOYEE OFTHE QUARTER AND TEAM OF THE QUARTER FOR 1 ST QUARTER 200412005

5. PUBLIC HEARING

6. HEAR AUDIENCE (Anything requiring a vote will be heard at a later date)

7 CONSENT AGENDA

The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board of Supervisors. TheBoard of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non -debatable and must receive unanimousapproval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda fordebate.

A. APPROVAL OF MINUTES FROM MAY 11, 2005 BOARD MEETING

B. APPROVE SCOPE OF SERVICES FOR CH2MHILL FOR THE DEVELOPMENTOF A WATER AND WASTEWATER MASTER PLAN FOR THE SERVICEAREA EAST OF 1- 4

C. APPROVE TO DISPOSE OF SURPLUS AND OBSOLETE FIXED ASSETSDETAILED IN THE ATTACHED REPORT

D. CLOSE CURRENT BUDGETED PROJECTS AND RETURN EXCESSUNSPENT FUNDS TO CAPITAL RESERVES

E. APPROVAL OF REVISED LANGUAGE TO THE STANDARD DEVELOPERSERVICE AGREEMENT FOR WATER, WASTEWATER AND RECLAIMED

SERVICE

F. APPROVAL OF CHANGE ORDER #27 WITH GARNEY COMPANIES FORSANDHILL ROAD UTILITIES RELOCATION PROJECT

8. INFORMATIONAL PRESENTATIONS (REQUIRING NO ACTION)

9. OLD BUSINESS:

A. APPROVAL OF AMENDED BOARD MEETING SCHEDULE

B. STATUS REPORT ON THE DEVELOPMENT OF A PLAN FOR AN AUTHORITYADMINISTRATIVE COMPLEX

10. NEW BUSINESS:

A. APPROVAL OF INTERLOCAL AGREEMENT WITH POLK COUNTY FORWATER SERVICE

B. APPROVAL OF AMENDMENT TO LARGE USER AGREEMENT WITHENTERPRISE COMMUNITY DEVELOPMENT DISTRICT

11. STAFF REPORTS: FINANCIAL ANALYST - FINANCIAL REPORT FOR APRIL 2005

EXECUTIVE DIRECTOR - CAPITAL BUDGET AND STRATEGIC PLANSUBMISSION

12. BOARD OFFICIALS

TWA ATTORNEY -- REPORT TO BOARD ON VOTING CONFLICTS AND MEETINGPARTICIPATION

BOARD OF SUPERVISORS

13. ADJOURNMENT

IN ACCORDANCE WITH FLORIDA STATUTES 286. 105: ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE BOARD OF SUPERVISORS WITH RESPECT TO ANYMATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSES MAY NEED TO ENSURE THAT AVERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE IN ACCORDANCEWITH FLORIDA STATUTE 286 26, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE EXECUTIVEDIRECTOR, 101 NORTH CHURCH STREET, KISSIMMEE, FLORIDA 34741, ( 407) 518- 2160.

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Description Meeting of the Tohopekaliga Water Authority Board of Supervisors -

5: 08: 00

PM

AWARDS AND

SPECIAL

PRESENTATIONS

Supervisor Wells moved for approval of theAgenda incorporating the recommended

changes. Supervisor Reich seconded the

motion. Motion approved 3 to 0.

Certificate Presentation for the Florida Section

of American Water Works Drop Savers PosterContest.

The winners, Keith Clabe, Ashlid Persad, andboth Toho and State winner, Yesenia Quesada, were presented certificates and copies of their

posters to present to their parents. The State

also made a T- shirt and a magnet with the

May 11; 2005. Present at the meeting were Supervisor Jim Wells, Attorney Mike Davis, Chairman Bruce Van Meter, Supervisor JohnReich, Executive Director Brian Wheeler, Administrative Secretary' Nilsa C. Diaz, and Mayor George Gant. Supervisor John Moody, Supervisor Mary Jane Arrington and Commissioner Paul Owen wereabsent.

Date 5/ 11/ 05 Location City of Kissimmee CommissionChambers

Time ITEM MINUTES

5:04:42

PM

MEETING

CALLED TO Chairman Bruce Van Meter called the meetingORDER

to order at 5:04 PM.

5:05: 34INVOCATION

Executive Director Brian Wheeler gave thePM Invocation.

5: 05: 39 PLEDGE OF Chairman Bruce Van Meter led the audience inPM ALLEGIANCE the Pledge of Allegiance.

5:05:47 Executive Director Wheeler informed the BoardPM . that Item 7E - Letter Agreement for the FDOT

Right -of -Way Utilization Permits should be:

separated into two items for action. The first

part of the recommendation should remain

under the Consent Agenda and the second part

APPROVAL OF Approval for the Executive Director or his'.

THE AGENDA designee to execute future standard letters ofagreement, should be considered under NewBusiness Item 10A.

5: 08: 00

PM

AWARDS AND

SPECIAL

PRESENTATIONS

Supervisor Wells moved for approval of theAgenda incorporating the recommended

changes. Supervisor Reich seconded the

motion. Motion approved 3 to 0.

Certificate Presentation for the Florida Section

of American Water Works Drop Savers PosterContest.

The winners, Keith Clabe, Ashlid Persad, andboth Toho and State winner, Yesenia Quesada, were presented certificates and copies of their

posters to present to their parents. The State

also made a T- shirt and a magnet with the

image of her winning poster for Yesenia andawarded her a_$100 US Savings Bond.

Presentation of funds by Toho Water AuthorityEmployees for a Tsunami Relief Fund.

Chairman Van Meter presented the AWWA

Water for People representative, Debbie Bailey, with a check for Tsunami Relief Funds whichthe Toho employees collected.

Presentation of the Earle D. Phelps Award for

Award of bid to National Metering Services, Inc., for the installation of reclaimed water meters

Supervisor Wells moved for approval of theConsent Agenda. Supervisor Reich seconded

the Camelot Water Reclamation Facility to EdScott and Rick Vester.

Presentation of the FWEA Award for Safety tothe South Bermuda WWRF. Roger Bihl was

present to receive the award.

5: 17: 34 PUBLIC

PM HEARINGNone

5: 17: 46 HEAR THENo one came forth.

PM AUDIENCE

5: 18: 00 Consent Agenda: PM

Approval of Minutes from April 30, 2005

Approval of contract with South Florida Water': Management District for an alternative water

supply grant for the Shingle Creek StormwaterReuse Augmentation Project

Agreement with Shelley' s EnvironmentalCONSENT Systems for hauling, treatment, and land

AGENDA application of domestic wastewater residuals

Approval of sponsorship for Water for People

Letter of Agreement for US192 Office Building

Award of bid to National Metering Services, Inc., for the installation of reclaimed water meters

Supervisor Wells moved for approval of theConsent Agenda. Supervisor Reich seconded

the motion. Motion passed 3 to 0.

5: 18:46 INFORMATIONAL

PMNone

PRESENTATIONS

5: 18: 58OLD BUSINESS None

PM

5: 19: 06 Item 7E — Approval for the Executive Director orPM his designee to execute future standard letters

of agreement. Last year, the Florida

Department of Transportation asked utilities to

sign Right -of -Way utilization permits. Toho was

willing to take responsibility for the maintenance, of utilities within the right-of-ways but not theconstruction. The Letter Agreement

NEW BUSINESS acknowledges the responsibility of the

developer for the construction of utilities within

the FDOT Right -of -Way. Supervisor Wells

moved for approval for the Executive Director or

his designee to execute future standard letter of

Agreement without bringing them before theBoard. Supervisor Reich seconded the motion.

Motion passed 3 to 0.

5: 22: 47 STAFF REPORTS Mayor Gant - informed the Board thatPM Kissimmee Utility Authority is giving up their"

Wednesday night meetings so TWA would be' able to move all their meetings on the second

and fourth Wednesday of the month.

Supervisor Reich - Requested an update on thestatus of the Toho Administration building. Parsons is finalizing the space needs sometimein June. Mark Reicher, of RIDA Development , volunteered to help TWA; he has alreadyidentified about 20 spaces in downtown.

Supervisor Reich wanted to know the size. criteria and was told it is around 2 acres.

BOARD Supervisor Reich felt that with TWA' s parkingOFFICIALS spaces needs we might need more space than

2 acres or even more than code requires. Site

development costs are going to be standard. Supervisor Reich would like TWA to get arealtorlbrokerlagent that would represent us andnegotiate on our behalf.

LJSupervisor Wells asked if TWA wanted to buyor lease. The Board has not made a decision asto whether to buy or lease. The Board.

requested the Executive Director provide an

outline of a proposed plan for proceeding withthis issue for next meeting. Supervisor Reich

would like to see Mark Reicher' s list. Mayor'.

Gant suggested that the Board look into the

Beaumont Property aggressively.

Attorney Davis — Suggested talking about thevoting conflict issue at the next meeting since' two of the Board members were absent from

the meeting.

Supervisor Wells motioned to place changingthe next meeting date from May 26th to May25th

on the Agenda. Supervisor Reich

seconded the motion. Motion passed 3 to 0.

Supervisor Wells motioned to change the next

meeting date from May26th

to May25th.

Supervisor Reich seconded the motion. Motion

passed 3 to 0.

Executive Director Wheeler informed the Board

of an event that is coming up on May 26th at theGaylord Palms Resort and Convention Centercalled " Focus on Osceola County - RegionalUpdate" and if any of the Board members ". wished to attend. Mr. Wheeler also informedthe Board about the Ames' s Summer

Conference, July 19-22, in Hilton Head, SC — the Board had mentioned wanting to knowabout these evenfs should they wish to attend.

5: 59: 08 There being no further business to discuss, PM Chairman Van Meter adjourned the meeting at

5: 59 PM.

ADJOURNED

Bruce R. Van Meter, Chairman

John E. Moody, Secretary

Category: Awards and Special Presentations

RECOGNITION OF EMPLOYEE OF THE QUARTER AND TEAM OF THEQUARTER FOR IST QUARTER 2004/ 2005

Explanation: Quarterly, a committee of seven employees, along with RickFigueroa and Barbara Arrant meet to review nominations submitted by fellowemployees and supervisors for Employee of the Quarter and Team of theQuarter. A selection is made from the nominations received throughout the

quarter. For the 2nd quarter of FY2005, January — March 2005, nominations were

Yreceived for Employee of the Quarter and Team of the Quarter and the Private

Development Engineering Team consisting of Quyen Tram, Edwin Matos, DebBeatty, Ray Biron, and Cheryl Braun were selected as Team of the Quarter.

Jenny Farrell, fellow employee of Kelly Clute, nominated Kelly for her exemplaryperformance when staff was shortened by the absence of two employees whowere on maternity leave simultaneously. Kelly dealt with the installation of theLIMS and numerous duties that kept her working long hours. Jenny writes, " Kellyhas been taking care of one of the technician' s duties plus handling her own jobresponsibilities for approximately six months. Kelly put her own life on hold soLisa Sorrentino and 1 could start our families".

The Private Development Engineering Team was nominated for their continualefforts in working with private developer/ contractors on projects directly relatingto the growth of TWA' s service to customers. As of February 1, 2005, new

standards were set in motion that mandate the need for two pre -constructionmeetings per project. This places a time crunch on an already taxed group ofindividuals.

Recommendation: Staff requests the Board of Supervisors to present KellyClute with the Employee of the Quarter Award and Quyen Tram, Edwin Matos, Deb Beatty, Ray Biron, and Cheryl Braun with the Team of the Quarter Award.

EOQ- TOQAward. 05. 25.05. ba

CATEGORY: Consent

Attachment( s): Scope of Services

APPROVE SCOPE OF SERVICES FOR CH2MHILL FOR THE DEVELOPMENT

OF A WATER AND WASTEWATER MASTER PLAN FOR THE SERVICE

AREA EAST OF 1- 4

Explanation: The Board is requested to approve a scope of services with CH2M

Hill for the development of a water and wastewater Master Plan for TWA' s

service area East of 1- 4.

The legislative act creating the Tohopekaliga Water Authority ( TWA) mandateddevelopment of water, wastewater, and reuse master plans for the utility. TheMaster Plan expands and updates the Department of Water Resource' s three

Master Plans developed in the late 1980' s and mid -1990' s. The Master Planningeffort, approved by the Board divides the assignment among three consultingfirms.

CDM will develop a Reuse Master Plan for the entire service area.

PBSJ will develop a Water and Wastewater Master Plan for theservice area west of 1- 4 and include joint planning activities withPolk County. CH2M Hill will develop a Water and Wastewater Master Plan for theservice area east of 1- 4.

The CH2M Hill Master Plan will evaluate potable water distribution systems andwater treatment facilities; wastewater collection systems and wastewater

treatment systems required to meet the service areas growth through 2025.

Water and wastewater hydraulic modes will be developed for the existing systemand calibrated for accuracy. The model will be expanded to meet the projectgrowth of the service area, primarily within the Urban Service Area, based uponwater and wastewater flow projects developed through year 2025. The potable

water hydraulic model is anticipated to incorporate approximately 4,000 pipesections: The wastewater model will incorporate all pressurized systems 10inches and greater in diameter and supplemented with critical smaller diameterpipes.

The water and wastewater models will be integrated with TWA' s GIS. TWA' s

existing software are not GIS integrated. CH2M Hill will evaluate up to five GISintegrated modeling software systems with staff to replace TWA' s non -GIS basedmodeling software.

0 7B

CH2M Hill will develop multiple options in the initial modeling activity to provideservice through the planning period, year 2025. Related options will be combinedto develop alternatives for a more detailed present value analysis incorporatingcapital costs and operations and maintenance costs.

The selected alternatives for water distribution and treatment and wastewater

collection and treatment will be detailed in a report with a phased implementation

plan to match the anticipated service requirements within the service area.

The Implementation Schedule will provide the bases of infrastructure projects

and funding for incorporation into TWA's Capital Plan to meet the anticipatedfuture requirements.

The negotiated fee for this effort is $ 457, 704 and will be funded by theProfessional Services Budget.

Recommendation: Staff recommends approval of the Scope of Services for

CH2M Hill for the development of a Water and Wastewater Master Plan for theservice area east of 1- 4.

0 , CH2m- Hill- Master Plan SOS. 05.26.05. rp

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TOHOPEKALIGA WATER AUTHORITY

CONTRACT ADDENDUM ADDENDUM # 28

DATE: May 10, 2005 AMENDMENT:

Per the terms, conditions, and specifications of the Tohopekafiga Water Authority ( TWA) withCH2M HILL

engineer)

for Eastern Water And Wastewater Master Plan

project)

the following described changes are agreed to and are hereby accepted and incorporated:

DESCRIPTION OF ASSIGNMENT:

Assist Tohopekaliga Water Authority to develop and prepare water and wastewater infrastructure master planfor TWA Service' Area east of 1- 4.

FORM OF COMPLETED DELIVERABLES:

Master Plan report and other products listed in the attached scope of work.

BASIS OF PAYMENT: Services shall be made on the basis of time and materials

method of compensation)

method in accordance with the Agreement, the total not to exceed $ 457,704 without furtherauthorization from the Board of Supervisors.

ESTIMATED DATE OF COMPLETION: This assignment shall be completed within ( see attached scope of work forschedule) calendar days from the receipt of this fully executed Addendum or calendar days

from receipt of TWA provided information which will enable the Engineer to proceed with this work assignment.

Previous Contract Total Dollars: 1, 657,322

NET Dollars for this Change ( Addition/ Subtraction): 457,704

NET CONTRACT TOTAL DOLLARS: 2, 115, 026

Accepted By: _ — Requested By: Brian L. Wheeler, Executive Director

Title/Position: _ Mark S. Callahan, Vice President _ Approved By: Bruce R. Van Meter, Chairman

Board of Supervisors

Company Name: CI -12M HILL, Inc

Board of Supervisors Approval Date:

T/ Contracts/ Standard contracts/ Addendum- TwA- B. vanMeter- approval


EASTERN WATER AND WASTEWATER

MASTER PLAN

Introduction

The scope of work outlines the work elements needed to develop the Water and WastewaterMaster Plans for the Tohopekaliga Water Authority ( TWA) service area east of I-4 includingthe Buena Ventura Lakes, Poinciana, and Harmony developments. CH2M HILL willcoordinate with Hartman and Associates ( TetraTech) for input on water supplyrequirements and with CDM on their reclaimed water master planning efforts.

TWA has expressed a preference for deliverables consisting primarily of tables, maps andfigures with a minimum of verbiage.

With the exception of the draft final report and the final report, project deliverables will be

provided in electronic formats through email, or posted to File Transfer Protocol (ftp) sitesison the Web. The draft final report and the final report will be provided in electronic and

paper copy formats.

Scope of Work

Task 1. Project Work Plan and Kick-off MeetingProject Work Plan - CH2M HILL will prepare project work plan to describe the project

tasks, linkages of the tasks, responsibilities and assignments for project tasks, project

technical and financial controls, and project schedule.

Initiation - This task includes a series of activities that are needed to initiate the project.

Initiation of the project includes developing a work plan, establishing specific taskassignments and project schedule, and conducting a kickoff coordination meeting ( half- day). The kickoff meeting will allow TWA staff and the study team to review and endorsethe Work Plan and Project Schedule. Issues addressed at the kickoff meeting will includethe project schedule, individual and team responsibilities, lines of communication, and the

overall project mission, goals, and objectives. At the conclusion of the meeting, the WorkPlan and Project Schedule will be adjusted as necessary, and a meeting summary packagewill be distributed to all team members and stakeholders designated by TWA.

Deliverables, Meetings, Workshops - CH2M HILL will prepare and distribute to TWA and

CH2M HILL team members a project work plan as described. CH2M HILL will conduct a

112 - day project kick-off meeting to review the master plan scope of work with TWA staff andidentify contacts and responsibilities for the project. A brief meeting summary will bedistributed to meeting attendees.

RLITWA MP SCOPE FINAL. DOC

TOHOPEKALIGA WATER AUTHORITY EASTERN WATER AND WASTERWATER MASTER PLAN

0Task 2. DATA COLLECTION, COMPILATION AND REDUCTION

Master plan development for a utility such as TWA will require the collection, compilation, analysis and presentation of significant quantities of data from several diverse sources.

CH2M HILL will identify data that may be needed to complete the Master Plan. It isassumed that data relevant to the Master Plan will be in databases, GIS and spreadsheets.

This data will subsequently serve as the pre and post processors to the hydraulic modelsthat will be used to help in developing and evaluating water and wastewater alternatives. TWA and CH2M HILL will agree on a time to freeze all data inputs and updates for master

planning purposes. Software standards for use in the master planning process will beestablished as part of this task. It is anticipated that data will be obtained in a variety offormats and translated for use in the master planning process into one or more of thefollowing example formats:

AutoCAD

MicroStation

ArcInfo and ArcGIS

Microsoft Access

Microsoft Excel

Microsoft Word

TWA will provide CH2M HILL with data in electronic form in formats agreed to by TWAand CH2M HILL unless otherwise described in this Scope.

Existing Water and Wastewater Facilities - Under Addendum No. 31- GASB 34,

CH2M HILL will be conducting evaluation of facilities. Insight and information gatheredduring the Addendum No. 31 will be directly applied to the master plan. No effort will beexpended during work performed during this project.

Growth Projection Data - Growth projections will be obtained from the Analysis ofPopulation and Water Demand Projections to Support Water Supply Planning ( to be revised byCH2M HILL).

The following water and wastewater data will be provided by TWA:

Water Demands - Water billing and customer information provided in the Analysis ofPopulation and Water Demand Projections to Support Water Supply Planning will be used for theMaster Plan. The results of the demand projections placed demands at the TAZ level. The

demands will be assigned from TAZs to parcels within the TAZs.

Water Plant Data - Historical monthly water production data will be provided by TWA inelectronic format by major plant (or service area). CH2M HILL will compare actual plantflow data with model demand sets and review the comparison with TWA staff. CH2M HILL

will discuss with TWA the need to make adjustments to the water generation based on the

comparisons. CH2M HILL will make global modifications to the generation factors based on

TWA input. Detailed reevaluation of area specific generation factors and subsequent

modifications are not included in the scope.

TWA will provide pump curves of the high service pumps and well pumps, size andoperating levels of the storage tanks, pertinent yard piping, and other information needed tomimic the WTPs in the hydraulic model.

ORLITWA MP SCOPE FINAL. DOC

TOHOPEKALlGA WATER AUTHORITY EASTERN WATER AND WASTERWATER MASTER PLAN

Wastewater Flow Data and Pump Station Service Area Development = Plant flow data can

be used to compare actual flows with the calculated flows that are developed from customer

billing records and assignments to pump station service areas (PSA) and model nodes. CH2M HILL will compare actual plant flow data provided by TWA with model demandsets and review the comparisons with TWA staff. CH2M HILL will discuss with TWA the

need to make adjustments to the wastewater generation based on the comparisons.

TWA will provide pump curves, wet well dimensions and elevations, piping, operatingranges and other needed information to mimic pump stations in hydraulic models.

PSAs,will be developed beginning at the WWTPs and proceeding upstream in the collectionsystems. The intent is to include the larger pump stations and the pump stations that TWAconsiders important. Up to 40 PSAs will be delineated in GIS to be incorporated into thewastewater collection model.

Water Use and Wastewater Generation Factors - CH2M HILL will recommend water use

and wastewater generation factors for use in the planning process, based on: historical flowdata if available, previous estimates, and from other sources. CH2M HILL will developpeaking factors, for use in the master planning process. These peaking factors will include:

Water

Average dayMax dayPeak hour

Wastewater

Max month

3 -month average

Max dayAverage dayPeak hour (as a function of flow or population)

Reclaimed Water Reuse and Disposal Records. CH2M HILL will collect no data regardingTWA' s reclaimed water system.

Existing and Planned Water Conservation Programs - TWA will provide CH2M HILL with

a list of water conservation ordinances, codes, and programs affecting water use in theMaster Plan service area. TWA will also provide the implementation and ending dates ofordinances and programs together with the customer tafgeted by the ordinance or programand type of end uses affected, and number of devices distributed or replaced. CH2M HILL

will prepare a brief summary of water conservation practices for incorporation into the finalreport.

O& M Data - Historical O&M Cost Data by major categories to develop unit O& M costs willbe provided by TWA in order to assist in developing cost functions for use in thealternatives evaluation task.

Infiltration/Inflow (VI) Data - TWA will provide CH2M HILL with a description of any I/ 1analysis, Infiltration/ Inflow studies, sewer system rehabilitation, or improvement programs

that have been completed since 1990 or that are currently in progress or in the planning



stages. CH2M HILL will prepare a brief summary of TWA' s existing I/ 1 program forincorporation into the final report. CH2M HILL is not to provide any independent analysisas part of this scope of work. -

Leak Detection - TWA will provide CH2M HILL with a description and documentation of

any unaccounted flow analysis, and leak detection programs that have been completedsince 1990 or that are currently in progress or planning stages. CH2M HILL will prepare abrief summary of TWA' s existing leak detection program for incorporation into the finalreport. CH2M HILL is not to provide any independent analysis as part of this scope ofwork.

Septic Tanks - Conversion of areas served by septic tanks to TWA wastewater service willnot be considered.

Water Quality Data - TWA will provide to the CH2M HILL historical water quality data. The data will be used by CH2M HILL to identify potential water quality problems that mayneed to be addressed in the master plan, and to provide input to a later task of reviewingexisting monitoring requirements.

Deliverables, Meetings, Workshops - None are scheduled or budgeted for this task.

Task 3. HYDRAULIC MODELS SELECTION AND SETUP

Water and Wastewater Modeling Software Evaluation and Selection - Prior to starting tobuild the model, CH2M HILL, working with TWA, will go through a software selectionprocess. The first step in the process will be an evaluation of 4 to 5 of the representativesoftware packages available on the market. CH2M HILL will write a brief technical

memorandum summarizing the capabilities and components of the software products,

initial and annual costs, the hardware and software operating requirements and licenserequirements. CH2M HILL will then review the software choices and the memo during aconference call with TWA staff to identify a modeling software package that most meets theneeds of TWA.

TWA is responsible for purchase of the selected software. It is assumed that the software

vendor will provide, at an appropriate time, training on its use.

Hydraulic Models Setup - This task consists of preparing the hydraulic models for TWA' swater and wastewater systems.

The models will include the areas served by the following plants:

Water Treatment Plants

MacLaughlin

Buena Ventura Lakes

Camelot

HarmonyParkwayPineridge

The Fountains

ORLITWA MP SCOPE FINALDOC


Wastewater Treatment Plants

South Bermuda

Camelot

ParkwayHarmony

Spring Lake Village will be modeled as a single demand node and transmission pipe fromthe main distribution system to the location of the WTP to evaluate the feasibility ofinterconnecting the two distribution systems. It is assumed that the other smaller isolatedwater treatment plants will not be modeled or calibrated. The associated distribution

systems will be modeled when interconnected to the regional system.

Models Development - Model elements will include pumping facilities, storage tanks in thesystem, and major transmission/ distribution lines. The modeled TWA water distribution

system will contain approximately 4, 000 pipes and will include pipes 10 inches in diameterand larger with critical 8 -inch diameter interconnects. The TWA wastewater collection

system model will consist of the pressurized portions of the system and will include pipes

10 inches in diameter and larger with critical smaller diameter pipes.

CH2M HILL assumes that the GIS files to be provided by TWA' s GIS consultant arecomplete with the attributes ( i.e. diameter, pipe material, coordinates and invert elevations

of connections, fittings with sufficient resolution, pump station locations) required for thedevelopment of hydraulic models. CH2M HILL also assumes that the GIS database has

undergone a quality assurance/ quality control (QA/ QC) process, by the TWA GISconsultant, where the modeled pipes and nodes were checked for connectivity ( i.e. gaps andovershoots/ undershoots have been eliminated). CH2M HILL included 12 hours in the

budget for quality control of the GIS database and to incorporate the GIS database into thehydraulic models.

The following additional data are needed from TWA or its consultants to build the models: pump curves, number of pumps at pump stations, and operating ranges of tanks and wetwells. This scope of work does include effort to input the appropriate characteristics of

plants and pump stations into the models relative to steady- state modeling approaches, anddoes not include effort to add existing pipes to the models that are not present in the GISfiles.

Nodal Influence Zones - For the potable water systems, nodal influence zones ( NIZs) will

be developed as subsets of the TAZs for existing and future service areas. Each NIZ willtherefore be assigned to a specific node in the appropriate hydraulic model. GIS analytical

tools will be utilized to assign parcels within each NIZ and to its associated model node.

CH2M HILL may find it more cost effective to develop new NIZs, and CH2M HILL willconsider developing an analytical method of generating NIZs through GIS. SpecificallyCH2M HILL will investigate the possibility of assigning parcels to the nearest node in themodel and automatically attaching a node attribute to each parcel. TWA and CH2M HILLwill evaluate this methodology, for effectiveness to allow for an analytical method ofgenerating NIZs by drawing polygons in GIS around all of the parcels that are assigned to aspecific node.



Pump Station Service Areas - Pump station service areas ( PSAs) will be delineated forexisting and proposed development. ArcGIS will be used to assign attributes to each parcelthat identifies its PSA and the pump station serving the PSA. CH2M HILL will investigatethe possibility of assigning parcels to pump stations directly from existing GIS attributes. TWA and CH2M HILL will evaluate this methodology, for effectiveness to allow for ananalytical method of generating PSAs by drawing polygons in GIS around all of the parcelsthat are assigned to a specific node.

Water and Wastewater Model Calibration - Of critical importance to the use of anyhydraulic model as a predictive tool is a comprehensive calibration effort. Because the pipes

are buried, making the model useful requires collection of field pressures and flowsthroughout the system under known boundary conditions and comparing fieldmeasurements with model predictions. This task is intended to provide TWA with a level

of confidence in the model which will be used for identifying and sizing future capitalimprovements.

CH2M HILL will prepare a data collection plan for the water distribution and the

pressurized portions of the wastewater collection systems. The plan will be delivered to the

TWA staff for implementation. CH2M HILL will provide one junior -level engineer in the

field to facilitate and coordinate the data collection process.

Once the demand data is input into the hydraulic model, CH2M HILL will verify that thedata in the model correctly reflects the information in the system. The following data will bechecked:

Ground elevations of nodes will be based on digital elevation model ( DEM) data and

have its level of accuracyLatest as -built information

Tank low, average, and over -flow elevations

Control valve settings

Control and operation of pump and booster stations

The model will be run to calibrate the hydraulics for the fire flow tests, pressure/ flow tests,

and SCADA data, as appropriate, collected during the field operations phase of the project. CH2M HILL and TWA will discuss and define the calibration tolerances prior to calibration.

Model calibration will include performing an existing system deficiency evaluation whereCH2M HILL will run up to 20 fire flow scenarios.

Water quality modeling for the water distribution system is not included in this project.

Assumptions

GIS data are sufficient as previously described and will be available when neededAll known interconnections from other systems are represented and have master meters

capable of providing accurate flow data

SCADA captures all appropriate data for wells and pumping stations and tanks (on boththe water and wastewater side) and can be extracted into database management system

Excel, Access, etc.)

Assume Road/ Street Database is complete and detailed enough for the geocodingprocess

ORL\ TWA MP SCOPE FINAL. DOC


0 - Deliverables, Meetings, Workshops - CH2M HILL will document the model selection

process, and hydraulic models that are set up in this -activity in separate TMs for water andwastewater. CH2M HILL will also prepare for and conduct a one -day workshop with TWAto review these TM' s. A draft of the TM will be reviewed with TWA staff and then

finalized.

Task 4. REVIEW REGULATORY COMPLIANCE AND RESOURCE MANAGEMENT

ISSUES AND CONSIDERATIONS

CH2M HILL will utilize its current regulatory knowledge to identify issues that may berelevant to the Master Plan. Information relative to these acts, rules, or programs within the

context of master planning will be briefly summarized in a TM. CH2M HILL will addressthe following:

Safe Drinking Water Act (SDWA), including disinfection by-products.

Clean Water Act and Related State Regulatory Programs, including potential newPollutant Load Reduction Goals ( PLRGs) and Total Maximum Disposal Limits ( TMDLs)

with emphasis on nutrient reduction for reclaimed water treatment requirements.

SFWMD Water Supply Planning - CH2M HILL will summarize the District' s Water

Supply Plan and its potential impact on the Master Plan. CH2M HILL will not provide anydetailed consulting or representation of TWA in the Water Supply Pian process under thisscope of work.

Growth Management Planning - CH2M HILL will review the. existing County GrowthManagement Plan ( GMP) elements that relate to TWA. CH2M HILL will identify importantelements that may impact the Master Plan and will prepare a summary in a TM for reviewby TWA.

Biosolids Management - CH2M HILL will review the EPA Biosolids Rule and the FDEP

Domestic Wastewater Residual Rule for elements that pertain to TWA. CH2M HILL will

identify important elements that may impact the Master Plan and will prepare a summaryin a TM for review by TWA. CH2M HILL will coordinate with TWA' s consultant forbiosolids management.

Deliverables, Meetings, Workshops - The findings and recommendations of this activitywill be summarized in a TM, Regulatory Review and Assessment, and submitted to TWAfor review and comment.

Task 5. SERVICE AGREEMENTS AND ORDINANCES REVIEW

TWA will provide summaries of key interlocal agreements, developer agreements, andagreements with cities, counties or utilities ( Orlando, Orlando Utilities Commission, ReedyCreek, etc.) as TWA wants considered in the Master Plan. Generally, service area boundarieswill be sufficient for planning purposes.

Deliverables, Meetings, Workshops - None.

ORLITWA MP SCOPE FINALDOC


9Task 6. HYDRAULIC STANDARDS

CH2M HILL will TWA coordinate to develop a list of hydraulic standards for use in theMaster Plan. These standards will be used as guidelines, not hard- and- fast criteria, to

evaluate system performance during the evaluation and plan development phases of theproject. The list will include:

Minimum and maximum pressures

Minimum and maximum pipe velocities

Fire flow

Minimum storage volumes

Firm capacity vs. standby capacityPeaking factorsWastewater transmission pumping criteria ( number of pumps vs. all pumps running) Pump station sizingMinimum pumping distances prior to repumpWastewater pump station service area sizingReliability and flexibility (loops and interconnection)

Deliverables, Meetings, Workshops - None.

Task 7. ALTERNATIVES DEVELOPMENT

iThis task consists of developing options for the systems then evaluating and combiningoptions to derive alternatives for later, more detailed analyses to address the future needs of

TWA through the planning period. Resulting from this task, analyses for infrastructurerequirements, capital costs for infrastructure improvements, operations and maintenance

costs and construction costs for infrastructure improvements will be conducted for each

alternative. The analyses and costs estimating are planning -level efforts.

To develop the options and alternatives for each system, CH2M HILL, in coordination withTWA, will evaluate information gathered in previous tasks to assess the current systems,

understand future needs of the systems, and understand constraints and limitations to

develop systems alternatives. CH2M HILL will also coordinate with CDM to obtainreclaimed water estimates and accommodate them as revisions to potable water demand

projections. Information gathered and analyses conducted during the following tasks willbe considered by CH2M HILL:

Task 2 ( Data Collection, Compilation and Reduction)

Task 3 (Hydraulic Models Setup) Task 4 ( Regulatory Review) Task 5 (Service Agreements and Ordinances Review)

Task 6 ( Hydraulic Standards)

For this project, an option for a system is an action responsive to a specific need. An

alternative addresses the needs of an entire system and may be a combination of options, ora single option. CH2M HILL, in coordination with TWA staff, will develop optionsresulting from the available information and projected needs. CH2M HILL, in coordinationwith TWA staff, will develop up to five (5) total alternatives each for the water and thewastewater systems. Alternatives will be developed, in coordination with TWA staff, for

ORL\ TWA MP SCOPE FINALDOC


water and wastewater collectively for further more detailed evaluation. Alternatives for

water and wastewater will be determined in a one -day workshop. During this meeting, CH2M HILL, in coordination with TWA staff, will endeavor to integrate the water and

wastewater options to reduce overall costs and improve operational flexibility.

Water - CH2M HILL will evaluate the compiled information from the previous tasks to

identify options for water system needs for future planned growth. The information will beorganized as follows:

Current conditions

Current needsj--- •

Future needs and options

Potential alternatives to meet future needs

CH2M HILL will summarize the options and evaluation results for the water system and

prepare for and conduct a workshop with TWA staff to identify alternate water supply, treatment, and transmission/ distribution alternatives for its service area. CH2M HILL will

develop maps and summary information from data collected and evaluated as described inthe previous tasks. Subsequent planning and construction activities and communitychanges will be reviewed during the workshop. This information will serve as the platformto develop new alternatives.

CH2M HILL will prepare the following maps and summary information for the workshop:

Water system map showing the current service area, areas currently served, and existingfacilities ( wells, WTFs, distribution piping, and interconnection piping)

Maps showing wells, WTFs, distribution piping, areas currently served, and areasprojected to be served in 2025.

Summary tables for each service area providing: WTFs and capacityADF, MDF, and PHF factors

Number and capacity of individual wellsRaw water supply capacityHigh service pumping capacityCurrent flows, 2025 projected flows

Water quality and supply issuesStorage capacities

Wastewater - CH2M HILL will evaluate the compiled information from the previous tasksto identify options for wastewater system needs for future planned growth. It assumed that

the highest quality reclaimed water (or WWTP effluent) is Public Access Reuse. Theinformation will be organized as follows:

Current conditions

Current needs

Future needs and options

Potential alternatives to meet future needs

ORLITWA MP SCOPE FINAL: DOC


CH2M HILL will prepare for and conduct a workshop with TWA staff to identify alternatewastewater treatment and collection alternatives. CH2M HILL will develop maps andsummary information from data collected and evaluated as described in the previous tasks.

Subsequent planning and construction activities and community changes will be reviewedduring the workshop. This information will serve as the platform to develop newalternatives.

CH2M HILL will prepare the following maps and summary information for the workshop:

Wastewater system map showing the current service area, areas currently served, andexisting facilities ( gravity sewers, lift stations, pump stations, force mains, effluentdisposal sites and WRFs)

Maps showing gravity sewers, lift stations, pump stations, force mains, WRFs, areascurrently served, and areas projected to be served in 2025.

Summary tables for each service area providing: WRFs and capacityCurrent flows

Flow projections

Deliverables, Meetings, Workshops - The following deliverables will be produced resultingfrom this task:

CH2M HILL will prepare for and conduct a 1/ 2 - day workshop to identify and selectalternatives for further evaluation in subsequent tasks.

CH2M HILL will prepare briefing packages for the workshop that will be submittedthrough email to TWA prior to each workshop to prepare attendees on the goals, objectives, content and expectations of the workshop. The package will provide anagenda; identify facilities; issues; preliminary assumptions; preliminary criteria; andsummarize appropriate data, initial analyses ( as appropriate); and list action items to be

completed prior to the workshop ( as appropriate).

CH2M HILL will prepare a brief summary of the workshop documenting thealternatives to be evaluated, pertinent discussions, decisions made, and action items

generated with delivery dates. The summary will be documented in a TM. A draft ofthe TM will be reviewed with TWA staff and then finalized.

Task 8. DEVELOPMENT OF COST FUNCTIONS

CH2M HILL will update unit cost functions to be used in developing planning level costestimates. The unit cost functions will rely in part on data collected as described in theprevious tasks and in part on CH2M HILL' s own experience and judgment from previous

local master planning projects. Planning level unit cost that will be developed will include:

Pipeline - Unit cost by diameter and type

Pump Stations - By type and flow capacity

ORLITWA MP SCOPE FINALDOC 10


Water Treatment Plant - By size, capacity and major components including wells, surface water intakes, storage, high service pumping, buildings, and disinfection systemtype.

Wastewater Treatment Plant - By type and size

O& M cost functions will also be developed based on a combination of published

planning level cost curves, TWA historical data and CH2M HILL estimates.

Deliverables, Meetings, Workshops - CH2M HILL will prepare a summary of costfunctions to be used in evaluating alternatives. These functions will include annual O&Mcost estimates. The summary will be documented in a TM in the form of cost tables andgraphs. A draft of the TM will be delivered through email, reviewed with TWA staff, andthen finalized.

Task 9. ALTERNATIVES ANALYSIS AND COST ESTIMATES

CH2M HILL will conduct planning -level engineering evaluations and planning -level costestimates of the five ( 5) alternatives identified. The hydraulic models that were set up inTask 4 will be used to size major transmission pipelines (10 inches in diameter and larger)

and pumping systems. The planning -level evaluations will be based on 2025 demandswithout regard to phasing during the interim years of the planning period. Planning -levelcapital costs and annual O& M costs will be developed for each alternative for the various

components including pipes, storage facilities, pumping facilities, water supply wells, treatment facilities, and effluent disposal systems. Based on these costs, equivalent annualcosts will be developed for the purpose of alternative comparisons. The set of selected

alternatives for water and wastewater will be subsequently reevaluated to develop logicalimplementation plan phasing. Graphical ( maps and graphs) and tabular summaries of theanalysis will be prepared for comparison. Separate summaries will be prepared for water

and wastewater. CH2M HILL will prepare for and conduct a 1 -day workshop to present thefindings of the alternatives analyses.

Deliverables, Meetings, Workshops - CH2M HILL will prepare summaries of the analyses

and cost estimates in the form of a TM. CH2M HILL will also prepare for and conduct a 1/ 2 - day workshop with TWA to review the TM. A draft of the TM will be delivered throughemail, reviewed with TWA staff, and then finalized.

Task 10. PLAN SELECTION

CH2M HILL will prepare for and conduct a workshop to compare water and wastewateralternative costs and to select the plans for water and wastewater. CH2M HILL will

coordinate with TWA' s rate consultant, Hartman and Assoc. ( TetraTech), to determineimpact of the plan on water and wastewater rates.

Preparation for workshops will include the development of maps, graphics and tables of

costs for each of the five (5) alternatives. The purpose of the workshop will be to selectrecommended plans. A 1 -day workshop with TWA staff will be included. CH2M HILL willprepare a summary of the workshop noting information presented and decisions made.

ORL\TWA MP SCOPE FINAL.DOC 11


Deliverable, Meetings, Workshops - CH2M HILL will prepare for and -conduct a 1/ 2 - dayworkshop for the purpose of selecting one water alternative and one wastewater alternativefor TWA through 2025. '

Task 11. PHASING AND DEVELOPMENT OF PLAN

CH2M HILL will develop the recommended plan in sufficient detail to recommend capitalimprovement projects for the planning period, but with particular emphasis on the first 5years and in 5 -year increments thereafter to 2025. It is in this task that phasing will bedeveloped for the recommended plans. The hydraulic models will be used to analyze needs

in five year increments. Proposed road improvements will be considered in developing thephasing plan. Cost estimates will all be based on an ENR Construction Cost Indexrepresentative of 2005. The recommended water and wastewater plans will be illustrated

graphically in maps. The maps will identify existing and proposed facilities. Detailedengineering evaluations, site plans, and cost estimates for TWA' s water and wastewatersystems will not be conducted as part of this task. Plans will be conceptual in nature and

cost estimates will be based on available historical information and consultantrecommendations.

Deliverable, Meetings, Workshops - CH2M HILL will prepare and conduct a one -dayworkshop for the purpose of reviewing the water and wastewater plans for TWA through2025. Draft TM' s will be prepared for the workshop with graphical and tabular descriptionsof the plan and associated costs. Final TMs will be completed based on comments received

at the workshop.

Task 12. REPORT PREPARATION

Documentation of the Master Plan Update will be achieved in this task. The Master Plan

Update will consist of the following volumes and possible sections:

EXECUTIVE SUMMARY - Recommended Plan ( with tables of projects and maps of the

water and wastewater systems showing planned improvements)

1: 7

I. Introduction

lI. Study Area CharacteristicsIII. Existing Water SystemIV. Water SupplyV. Water Requirements

VI. Analysis Criteria and MethodologyVII. Existing System AnalysisVIII. Alternatives Analysis

IX. Recommended Plan and Phasing

WASTEWATER

I. Introduction

II. Study Area CharacteristicsIII. Existing Wastewater SystemIV. Wastewater Collection and Treatment

ORLITWA MP SCOPE FINAL. DOC 72


V. Effluent Disposal and Management Methods

VI. Analysis Criteria and MethodologyVII. Existing System AnalysisVIII. Alternatives Analysis

IX. Recommended Plan and Phasing

The Final Master Plan includes a summary of the recommended plan through 2025 as wellas the applicable TMs. The format of the report will be a summary document describing theelements listed above with a compilation of TMs developed during the course of the project. It is not the intent of this Scope to restate the detail contained within TMs in the main bodyof the final report.

Ten ( 10) copies of the Draft Plan will be prepared for internal and TWA review. Eight of the

copies will be provided to TWA. Ten (10) copies of the final document will be prepared, of

which eight ( 8) copies will be provided to TWA. One copy of the final report will beprovided in Portable Document Format ( pdf) on a CD. Electronic files with pertinent.

hydraulic pipe model runs and GIS files will be provided.

Task 13. PROJECT COORDINATION

Coordination with other consultants and agencies - CH2M HILL will provide coordination

efforts between the Master Plan consultants and act as the central point for communication

and establishing conference calls, meetings, etc. to exchange information.

Additionally, CH2M HILL will coordinate with other consultants and agencies to gather thenecessary information to develop the Master Plans. The list of anticipated consultants andagencies are

TWA GIS consultant

TWA biosolids consultant

TWA effluent management consultant (Royal Consulting) TWA treatment process consultant

TWA rate and water supply consultant [ Hartman and Assoc. ( TetraTech)]

TWA reuse master planning consultant ( CDM) TWA water and wastewater master planning consultant for west of I-4 ( PBS& J) Osceola Planning DepartmentOsceola Public Works Department

FDOT

Coordination with TWA Board - CH2M HILL will attend one Board meeting near the endof the project.

Deliverables, Meetings, Workshops - Meetings will .be conducted by the CH2M HILL asdescribed above.

ORLITWA MP SCOPE FINAL -DOC t3

Special Conditions


CH2M HILL retains the right to reuse intellectual property, such as program codes, routines, modules and objects ( hereinafter called " intellectual property"), conceived,

invented, authored, or otherwise developed prior to or under this agreement.

Schedule

The schedule is provided in Figure 1.

Compensation

Compensation to CH2M HILL to complete the identified scope of services shall be on the

time and materials basis in accordance with CH2M HILUs agreement with Tohopekaliga

Water Authority. The cost to complete the identified tasks shall not exceed $457,704. Laborcosts were based on a labor multiplier of 3. 00. Total charges will not exceed this amount

without prior written authorization from the Tohopekahga Water Authority. Projectcharges will be billed monthly. Table 1, below, presents the cost breakdown by task.

ORLITWA MP SCOPE FINALDOC 14

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Category: Consent Agenda

APPROVAL OF DISPOSAL OF OBSOLETE AND UNUSABLE FIXED ASSETS

ATTACHMENT( S): Surplus Property Auction List

Explanation: Disposal of any tagged fixed assets by the Authority requiresformal approval of the Board of Supervisors. Periodically during the fiscal year, certain fixed assets are scheduled for replacement due to wear and

obsolescence and other assets become unusable due to breakdowns or defectsthat either can' t be fixed or don' t warrant repair. These assets are routinelydisposed of through surplus property auction, cannibalization, donation or solidwaste disposal

Attached is a list of fixed assets which are to be disposed of through a surplus

property auction held by the City of Kissimmee donation or cannibalization. These items will be removed from the Authority's fixed asset inventory.

Recommendation: Staff recommends approval of the list of fixed assets for

disposal and removal from the Authority' s fixed asset inventory.

AssetAuction. 05. 25. 05. rf

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0 Category: Consent

CLOSE CURRENT BUDGETED PROJECTS AND RETURN EXCESSUNSPENT FUNDS TO CAPITAL RESERVES

Attachments: 1) List of Closed Projects

Explanation: Staff periodically reviews the Capital Project list for projects thathave been completed, postponed, re -budgeted, or cancelled. These projects

need to be removed from the Capital Budget once identified so that they aren' tencumbering funds unnecessarily. Once these projects are removed from theCapital Budget ( project list), the funds budgeted are re -allocated to the Reservefor future Capital outlay. Because Capital projects are approved by the Board, canceling/ deleting approved projects requires Board action. Attached is the listof projects to be cancelled or closed. Approval of this recommended list willreturn $ 8,745,584 to the Reserve for Future Capital Outlay, Bond Reserve andSystem Development Charges Reserve.

Recommendation: Staff recommends closing and returning the listed budgetedcapital projects to capital reserves.

0 Returnedprojects. 05.25.05. rf

7D

Existing Projects to Delete, Reschedule or Reduce in ScopeOsceola County Road Projects - Revisions based upon County's April 2004 Schedule)

Project Current Amount Balance RemainingNumber Project Description Account Number Balance Returned Held with project

overaljnQW05121 NEW ADMIN BLDG 421- 8010- 536. 61- 92 2, 000, 000 2,000,000 0

W05175 REPLACE INSPECTOR TRUCK 421- 8010536.61- 95 26 26 0WS0009 FLUORIDE BLDG & PUMP SYST 421- 8020- 536: 61- 92 38, 345 38,345 0

WS0504 SPARE ROSEMOUNT TRANSMITT 421- 8020- 536. 61- 94 609 609 0

WE0504 JYP: CARROLL STREET 421- 8025-536.61- 93 50,000 50, 000 0

WE0506 PARTIN SETTLEMENTIKISSiMM 421- 8025536.61- 93 20,000 20, 000 0

WF0505 PLEASANT HILL ROADI192 421- 8025- 536.61- 93 50, 000 20,000 30, 000

WE0302 CENTRAL - CYPRESS WaMn 421- 8025- 536. 61- 93 40,0001 40,000 0

WE0405 CENTRAL' VINE TO CYPRESS 421- 8025536. 61- 93 80, D001 80, 000 0

WE0502 COLUMBIA STREET 421- 8025- 536. 61- 93 69, 0001 69,000 0

WE0503 DYER BLVD421-8025- 536.61- 93 20, 000 20, 000 0

WSO422 OAK ST MAIN TO CENTRAL 421- 8025536. 61- 93 114,000 114, 000 0

WS0514 MOTOROLA RADIO 421- 8025. 536. 61- 94 89 89 0

WS0522 CEMENT MIXER 421- 8025536. 61- 94 194 194 0

WE0508 CRYPTO & GIRADA TREATMENT 421- 8040536.61- 93 1, 050, 000 1, 050, 000 0

W50545 REPL VEHICLE WS115 421- 8040536. 61- 95 1., 621 1, 621 0

WS0362 KiSSWSAND GRIT SNAIL 4214042- 536-61- 94 25, 000 25,000 0

W04020 PINE ISL EFFL SPRAYFIELD REPL 42148043- 536.61- 93 1 1 0

WE0511 LIFTSTATION REPLIREHA13 421- 8045- 536. 61- 93 500,000 500,000 g

WS0570 GROUND RESISTANCE METER 421- 8045- 536.61- 94 205 205 0

WS0571 MTS PORTABLE RADIO 421- 8045536.61- 94 222 222 0

WS0572 SUBMERSIBLE LIQUID LEVEL 421- 8045536.6134 742 742 gWS0583 HEDGE TRIMMER 42148096- 536. 61- 94 204 204 0

WS0589 REPL WS JDEERE 455 4214046-536. 61- 95 248 248 0

WS0591 IND WASTE GREASE SW 421- 8048- 536. 6133 740 740 0WS0595 NEW TRUCK- NEW POSITION 421- 8048- 536. 61- 95 777 777 0

WE0517 JYPICARROLL STREET 421- 8050536. 61- 93 200, 000 200, 000 0

WE0515 NEPTUNEIBROADWAY 421- 8050536. 61- 93 50,000 50, 000 0WE0514 NEPTUNEN/ ESTCHESTER 421- 8050536. 61- 93$ 200,000 100, 000 100,000WE0518 PLEASANT HILL RD1192 421- 8050- 536. 61- 93 50, 000 20,000 30, 000

WE0513 OSCEOLA PKYIBOGGY CRK 421- 8050-536.61- 93 575, 000 425,000 150,000WS4132 BASS ROAD OTHER IMPROVE 421- 8050- 536.61- 93 60,094 60, 094 0WE0512 WFLOWANFILTRATION PRGRM 421- 8050536. 61- 93 400, 000 100, 000 0

WE0522 STREET RESURFACING/ REPAIR 421- 8050- 536. 61- 93 449,874 449, 874 0WE0317 CNTRL VINE TO CYPRESS WAT 421- 6050536. 61- 93 80, 000 80, 000 0

WE0423 OAK ST MAIN TO CENTRAL 421- 8050- 536. 6133 165, 000 165,000 0

WED424 DYER -'OAK TO MARTIN LUTHER 4214X) 50-536-61- 93 165, 000 165, 000 0

WE0516 COLUMBIA STREET 421- 6050- 536. 61- 93 55, 000 55, 000 0

WE0523 COMMERCE/ MLK 421- 8050536. 61- 93 210, 000 210, 000 0

W05100 MOTOROLA RADIO 421- 8050.536.61- 94 38 38 0

W05105 CEMENT MIXER 421- 8050536.61- 94 101 901 09WS4120 SANDHILL W BELTWAY- GARNEY 42146050- 536. 61- 93 38, 775 38,775 0

WS4137 ACCESS TO HARMONY HS LS 421- 8145536. 61- 93 80 80 0

WE0526 PINE RIDGEIFOUNTAINS 421- 8225-536.61- 93 150, 000 150, 000 0WE0527 BVL WTP ELIMINATION 421- 8225536. 61- 93 500, 000 500, 000 pWE0524 OSCEOLA PKY- TPK/ BVL/ BOGGY 421- 8225536. 61- 93 140, 000 140, 000 0W05144 CEMENT MIXER 421- 8225536. 61- 94 194 194 0W05150 MOTOROLA RADIO 421- 8225536. 61- 94. 455 455 p

W04005 RESTORE PONDS BVLTF 421- 8240- 536. 61- 93 1 1 0W05170 MOTOROLA RADIO 421- 8250- 536. 61- 94 52 52 D

WO5165 CEMENT MIXER 421- 8250- 536.61- 94 71 79 y0

Total Retumedl $ 7,241, 756 $ 310, 000 Funds Retained

2002 Bond

WB0320 NEPTUNE ROAD 425- 6050- 536. 61- 93 $ 100, 0001 $ 100, 000 $ 0

Total Retumedl $ 100,000 $ 0 Funds Retained

1999 Bond

Total Retumedl $ 945, 3131 $ 1, 155, 000 Funds Retained

fewer Impact

SI0007 KISS BLVD: DYER TO THACKER 423- 8065536. 61- 93 $ 205,000 $ 205, 000 $ 0510209 MLKJOHN YOUNG TO THACKER 423- 8065536. 61- 93 $ 147, 5151 $ 147,515 $ p510512 MLK- JYP/ THACKER 1423 - 8065 -' GB -61- 93 i1

Total Retumed $ 558, 515 $ 0 Funds Retained

Amount to be Transferred

Fund From To Amount

421 Projects Capital Reserves -Operating $ 7,241, 756423 Projects Capital Reserves - Sewer impact $ 558,515425 Projects Bond Reserves 100, 000427 Projects Bond Reserves $ 845, 313

Total Amount $ 8,745,584

CATEGORY: Old Business

0 Attachment(s): Revised Developer Service Agreement

APPROVAL OF REVISED LANGUAGE TO THE STANDARD DEVELOPERSERVICE AGREEMENT FOR WATER, WASTEWATER AND RECLAIMEDSERVICE

Explanation: All new development projects are required to enter into a standardDeveloper Service Agreement (" Agreement") with the Tohopekaliga Water

Authority ( TWA) as a condition of water, wastewater, and reclaimed service.

TWA and the City of Kissimmee' s attorney, under the recommendation of outsidelegal representation, created an Agreement that provides standard language forcustomers, obligates the customer to conform to current TWA standards and

policies, and provide payment of impact, connection and other miscellaneous

fees at the established rates as a condition of water, wastewater and reclaimedservice. The Agreement should reduce the liability exposure of TWA to legalchallenges from developers and customers.

The standard language of the Agreement currently does not specify therequirement of impact and connection fee payments in accordance to currentordinances and policies, which has required staff in the past to attach the Sewer

Allocation Policy as an exhibit. The following changes are proposed for inclusionin the standard Agreement and have been reviewed and approved by the City ofKissimmee' s attorney:

1. Section 4: Add Subsection 4. 3 to require payments of impact andconnection fees as per current TWA rules, regulations, policies, and

ordinances.

2. Section 5: Add to Subsection 5. 1 all design and construction shall be inaccordance with TWA rules, regulations, policies, resolutions, ordinancesand utility standards.

Currently, TWA records an average of 9 service agreements per month withexpenditures of approximately $ 3, 000. 00 per month. The proposed changes will

reduce recording costs by approximately $ 1, 836. 00 per month.

Recommendation: Staff recommends approval of the proposed changes to thestandard form of the developer service agreement for water, wastewater, andreclaimed service.

DSA-Revised- Form.05.25.05.em

0 7E


WATER AND WASTEWATER SYSTEM

DEVELOPER' S SERVICE AGREEMENT

THIS AGREEMENT made and entered into this day of20 , by and between thehereafter " DEVELOPER"), and TOHOPEKALIGA WATER AUTHORITY (" TWA"),

independent "Special District" created pursuant to Chapter 189, Laws of Florida.

RECITALS

an

1. The DEVELOPER has or is about to develop property by erecting residentialimprovements consisting of single dwelling units 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/ ormaintenance of central water and wastewater facilities so to receive adequate service.

3. TWA is willing to provide, in accordance with the provisions and stipulationshereinafter set out, and in accordance with all applicable laws, central water and

wastewater service through central water and wastewater facilities, and to accept andoperate a water distribution and wastewater collection system, and to thereafter operate

such facilities so the occupants of the improvements constructed on the Property willreceive adequate retail water and wastewater service from TWA.

ACCORDINGLY, for and in consideration of the Recitals, the mutual undertakingsand agreements herein contained and assumed, and other good and valuable

consideration the receipt and sufficiency of which are acknowledged by the parties, theDEVELOPER and TWA hereby covenant and agree as follows:

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

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

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

2) " Point of Delivery or Distribution" - the point where the pipes of utility areconnected with the pipes of the customer. Unless otherwise indicated, the point of deliveryshall be at a point on the customer' s lot line.

Page 1

3) " Contribution -in -aid -of -Construction" - The sum of money, and/ or property, represented by the value of the water distribution and wastewater collection systemconstructed 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 andwastewater service to the Property.

SECTION 3. EASEMENT AND RIGHT OF ACCESS. DEVELOPER hereby grantsand gives TWA the exclusive right or privilege to construct, own, maintain, and operate thewater and wastewater facilities in, under, over and across the present and future streets,

p roads, easements, reserved utility sites and public places on the Property as provided anddedicated to public use in the record plats, or as provided for in agreements, dedications orgrants made otherwise and independent of said record plats. DEVELOPER herebyfurther

agrees that the foregoing grants include the necessary right of ingress and egress to anypart of the Property; that the foregoing grants shall be perpetual; that in the event TWA isrequired or desires to install any additional water and wastewater facilities in lands withinthe Property lying outside the streets and easement areas described above, thenDEVELOPER or the owner shall grant to TWA, without cost or expense to TWA, thenecessary easement or easements for such " private property" installation; provided, allsuch " private property" installation by TWA shall be made in such a manner as not tointerfere 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 any0 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 donot interfere with the then or proposed use of the area in which the facilities have beeninstalled. TWA hereby agrees that all easement grants will be utilized in accordance withthe established and generally accepted practices of the water and wastewater industry withrespect to the installation of all its water and wastewater facilities in any of the easementareas; and the DEVELOPER in granting easement herein, or pursuant to the terms of thisinstrument, shall have the right to grant exclusive or non-exclusive rights, privileges andeasement to other entities to provide to the Property any utility services other than waterand wastewater service.

SECTION 4. PROVISION OF SERVICE; PAYMENT OF RATES.

4. 1. Upon the continued accomplishment of all the prerequisites contained inthis Agreement to be performed by the DEVELOPER, TWA covenants and agrees that itwill allow the connection of the water distribution and wastewater collection facilitiesinstalled by DEVELOPER to the central water and wastewater facilities of TWA inaccordance 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 itprovides water and wastewater service to the Property and DEVELOPER, or others haveconnected customer installations to its system, that thereafter, TWA will continuouslyprovide, in accordance with the other provisions of this Agreement, and of applicable laws,

Page 2

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 havingjurisdiction over the water and wastewater systerh of TWA. The DEVELOPER, its

successors and assigns agree to timely and fully pay all applicable monthly rates, fees, andcharges to TWA and otherwise fully comply with TWA' s rules, regulations, and ordinancesapplicable to the provision of water and wastewater service.

4.2. The DEVELOPER, its successors and assigns agrees to pay to TWA formonthly service within thirty ( 30) days after statement is rendered by TWA all sums dueand payable asset forth in such statement. Upon failure or refusal to pay the amounts due

u--- on statements as rendered, TWA may, in its sole discretion, terminate service.

v

4_3. The DEVELOPER, its successors and assigns shall pay as a conditionprecedent impact fees and connection fees in accordance with TWA' s current rulesregulations, 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 wastewaterservices, DEVELOPER hereby covenants and agrees to pay for the construction and totransfer ownership and control to TWA as a contribution -in -aid -of -construction, the on-siteand/ or off-site water distribution and wastewater collection facilities referred to herein. Alldesign 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 andspecifications of the type and in the form as prescribed by TWA, showing the on-site and/oroff-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 anysizing requirements as mandated by TWA's system extension policy and utility standardsfor 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 subsequentphases may be furnished from time to time. However, each such phase, if applicable, shallconform to a master plan for the development of the Ptoperty and such master plan shallbe submitted to TWA concurrent with or prior to submission of plans for the first phase. Allsuch 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, thewater distribution and wastewater collection facilities as shown on all plans andspecifications.

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5.3. During the construction of the on- site and/ or off-site water distributionand wastewater collection facilities by DEVELOPER, TWA shall have the right to inspect

such installation to determine compliance with the plans and specifications, adequacy ofthe 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 byspecifications and/or good engineering practices. Complete as -built plans shall besubmitted to TWA upon completion of construction.

5. 4. By these presents, upon completion and approval by TWA, theDEVELOPER shall transfer to TWA, all right, title, and interest, free and clear of anyencumbrances 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 thisAgreement. Such conveyance is to take effect without further action upon the acceptanceby TWA of the said installation. As further evidence of said transfer to title, and upon thecompletion of the installation and prior to the rendering of service by TWA, DEVELOPERshall convey to TWA, by bill of sale, or other appropriate documents, in form satisfactory toTWA's counsel, the complete on- site and/ or off-site water distribution and wastewater

collection facilities as constructed by DEVELOPER and approved by TWA. DEVELOPERshall further cause to be conveyed to TWA, all easements and/ or rights- of-way coveringareas 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 orother evidence of title, satisfactory to TWA, establishing DEVELOPER's rights to conveysuch continuous enjoyment of such easements or rights-of-way for those purposes setforth 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 suchuses by electric, telephone, or gas utilities, or cable television do not interfere with use byTWA. 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 ofthe bill of sale, shall constitute that assumption of responsibility by TWA for the continuousoperation and maintenance of such system from that date forward.

5. 5. All installations by DEVELOPER or its contractor shall be warranted forat least one ( 1) year from the date of acceptance by TWA. Mortgagee( s), if any, holdingprior liens on such properties shall be required to release such liens, subordinate theirposition and join in the grant or dedication of the easements or rights- of-way. The waterdistribution and wastewater collection facilities shall be covered by easements if notlocated within platted or dedicated rights-of-way.

5. 6. Payment of the contributions - in -aid -of -construction does not and will notresult in TWA waiving any of its rates, rate schedules or rules and regulations, and theirenforcement shall not be affected in any manner whatsoever by DEVELOPER making thecontribution. TWA shall not be obligated for any reason whatsoever nor shall TWA payany interest or rate of interest upon the contribution. Neither DEVELOPER nor any personor 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

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any of the water and wastewater facilities and properties of TWA, and all prohibitionsapplicable 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 orcustomer of water or wastewater services shall not be entitled to offset any bill or billsrendered 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' sacceptance 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 ofTWA, or to furnish TWA an opinion of title from a qualified attorney at law or a qualified titleinsurance company with respect to the Property, which opinion shall include a currentreport on the status of the title, setting out the name of the legal title holders, theoutstanding 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 holderhaving an interest in the Property shall be required to join in the grant of exclusive servicerights set forth in this Agreement. Title standards shall be the same as those applicable toreal estate generally adopted by the Florida Bar and in accordance with Florida law.

SECTION 7. OWNERSHIP OF FACILITIES. DEVELOPER agrees with TWA thatthe 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 entityowning any part of the Property or any residence or building constructed of locatedthereon, shall not have the right, title, claim or interest in and to such facilities, or any partof them, for any purpose, including the furnishing of water and wastewater services to otherpersons 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 andenforce rules, regulations and rates covering the provision of water and wastewater serviceto the Property. Such rules, regulations and rates are subject to the approval of TWA' sBoard 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 chargedfor the same classification of service; provided, however, that rates to a developer orcustomers located within TWA' s consolidated suburban system service area located

outside the boundaries of the Tohopekaliga Water Authority shall be subject to a twenty- five percent ( 25%) surcharge on rates, fees, and charges as provided in TWA rateresolutions and ordinances and authorized pursuant to Section 180. 191, Florida Statutes.

All rules, regulations and rates in effect, or placed into effect in accordance with thepreceding, shall be binding upon DEVELOPER, upon any other entity holding by, throughor under DEVELOPER; and upon any customer of the water and wastewater serviceprovided to the Property by TWA.

Page 5

SECTION 9. PERMISSION TO CONNECT REQUIRED. DEVELOPER, or anyowner of any parcel of the Property, or any occupant of any residences or buildings locatedthereon, shall not have the right to and shall not connect to any customer installation to thewater and wastewater facilities of TWA until approval for such connection has beengranted by TWA.

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

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

TWA: Executive Director

Tohopekaliga Water Authority101 N. Church Street, 2"

dFloor

Kissimmee, Florida 34741

0 - DEVELOPER:

SECTION 12. SURVIVAL OF COVENANTS. The rights, privileges, obligations andcovenants of DEVELOPER and TWA shall survive the completion of the work ofDEVELOPER with respect to completing the water and wastewater facilities and servicesto 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 orrepresentations, 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 orvariations bf the terms of this Agreement shall be valid, nor can provisions of the

Agreement be waived by either party, unless such additions, alterations, variations orwaivers are expressed in writing and duly signed. This Agreement shall be governed bythe laws of the State of Florida, as well as all applicable local ordinances of TWA and itshall 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 courtproceedings or otherwise, by instituting suit or otherwise, then TWA or DEVELOPER shallbe entitled to recover all costs incurred, including reasonable attorney' s fees.

0M.

SECTION 14. DISCLAIMERS; LIMITATIONS ON LIABILITY.

14. 1. STATUS. The parties deem each other to be independentcontractors, and not agents of the other.

14.2. INDEMNIFICATION. Developerwill indemnify, save and hold harmlessTWA against all liability, losses, damage or other expenses, including reasonableattorney' s fees which may be imposed upon, incurred by or asserted against TWA byreason 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 orabout the property or any park thereof; or any failure on the part of the developer to performor comply with any covenant required to be performed or complied with against TWA byreason of any such occurrences, developer will, at developer' s expense, resist or defendany such action or proceeding. Provided further, however, developer shall have noobligation with respect to claims arising out of the intentional or negligent conduct of TWAor its employees, agents, contractors, licensees or invitees or of third parties not includedin the definitions above. The liability and immunity of TWA is governed by the provisions ofSection 768. 28, Florida Statutes ( 1995), and nothing in this agreement is intended toextend 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 createany liability or waive any immunity except as specifically provided in Section 768. 28 shallbe 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 totake or to comply with the requirements imposed hereby or (or any injury to the developeror by those claiming, by or through the developer, which failure, inability or injury is causeddirectly 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 otherlitigation; governmental restraints of any nature whether federal, state, city, municipal orotherwise, civil or military; civil disturbances; explosions, failure or inability to obtainnecessary materials, supplies, labor or permits orgovernmental approvals whetherresulting 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 anyother causes, whether or not of the same kind as enumerated herein, not within the solecontrol of TWA and which by exercise of due diligence TWA is unable to overcome.

14. 4. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement issolely for the benefit of and shall be binding upon the formal parties hereto and theirrespective 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 thisagreement or an authorized successor or assignee thereof.

Page 7

14.5. DISCLAIMER OF SECURITY. Notwithstanding any other provision ofthis agreement, the developer expressly acknowledges ( 1) that it has no pledge of or lienupon any real property ( including, specifically, TWA' s system), any personal property, or

any existing or future revenue source of TWA ( including, specifically, any revenues orrates, fees, or charges collected by TWA in connection with TWA's system) as security forany amounts of money payable by TWA under this agreement; and ( 2) that its rights to anypayments or credits under this agreement are subordinate to the rights of all holders of anystocks, bonds, or notes of TWA, whether currently outstanding or hereafter issued.

14.6. AGREEMENT NOT A COMMITMENT FOR SCHEDULE. There shallbe no liability whatsoever on the part of TWA for failure to supply water and wastewaterservice 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 ( thewords "shall not" being used in a mandatory definition) engage in the business of providingwater 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 theparties hereto that the foregoing provision shall be a covenant running with the land andunder 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 theProperty and to the occupants of each residence, building or unit constructed thereon.

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

SECTION 17. SEVERABILITY. If any part of this Agreement is found invalid orunenforceable by any court, such invalidity or unenforceability shall not affect the otherparts of this Agreement if the rights and obligations of the parties contained therein are notmaterially 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 anyperson to this Agreement shall be deemed a personal warranty by that person that he hasthe full power and authority to bind any corporation, partnership, or any other businessentity for which he purports to act hereunder.

SECTION 19. CAPACITY. Any specific reservations of capacity must be detailedwithin 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 ofappropriate 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 shallnot be construed in favor of either party by virtue of the preparation, drafting, or negotiationof this Agreement.

SECTION 21. SPECIAL CONDITIONS. The following Special Conditions aremutually agreed between DEVELOPER and TWA.

To be tailored to each individual Agreement]

11

s

Page 9

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


By: . Brian L. Wheeler, Executive Director

Attest:

Nilsa Diaz, Executive Secretary

FOR THE USE AND RELIANCE OF

TOHOPEKALIGA WATER AUTHORITY ONLY.

APPROVED AS TO FORM.

Dated: , 20

TWA Attorney

Signed, sealed and delivered DEVELOPERin the presence of:

x:_

By:

x:

By:

S/ CONTRACTS/ Developers Sery Agreement. doc

CORPORATE SEAL]

Page 10

STATE OF FLORIDA

COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this day of20_, by , of

a authorized to do business in theState of Florida, on behalf of the corporation. He is personally known to me or hasproduced as identification and did ( did not) take an oath.

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

or Rank

Serial Number, if any.

n

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STATE OF FLORIDA

COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this day of , 20

bY , of , a

authorized to do business in the State ofFlorida, on behalf of the corporation. 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

Serial Number, if any.

0

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r u

L.]

EXHIBIT A

Property Descriptionand Location Map

Page 13

0 CATEGORY: Consent

APPROVAL OF CHANGE ORDER #27 WITH GARNEY COMPANIES FOR SANDHILLRD. UTILITIES RELOCATION PROJECT

Attachments: Change Order # 27

Explanation: The TWA Board of Supervisors is requested to approve a change

order with Garney Companies in the amount of $106, 720. 00 for relocating existing utilitiesalong Sandhill Rd. as part of the Western Beltway (SR 429) project.

This is the final change order that will close out this project. Garney has prepared, andsubmitted to Staff a final quantities adjustment for the project comparing the quantityvariances that have occurred during construction throughout the project. The variancesare summarized in a spreadsheet attached with Change Order #27.

DRMP, TWA's consultant for the project, has carefully reviewed Garney' s takeoffquantities and compared them with the original bid quantities. There were many line itemsin the original bid where the quantities were underestimated by DRMP. As a result, thecontract price for the project should have been $ 4,056, 932. 73 rather than the approvedapproved by the Board on January 14, 2004) contract price of $3,950,212. 73. The

difference between the two amounts is $ 106,720.00, the cost of Change Order #27.

The change order will be funded by W130419.

Recommendation: Staff recommends approval of Change Order # 27 with GarneyCompanies to close out the Sandhill Rd. Utilities Relocation Project ( SR 429).

7F

0

SECTION 00930CHANGE ORDER FORM


DATE: April 28, 2005

OWNER: Tohopekaliga Water Authority

CHANGE ORDER NO. 27 ( Final)

originally Change Order No. 26 - Final)

CONTRACTOR: Garney Companies, Inc.

AGREEMENT DATE: February 21, 2004

The following changes are hereby made to the CONTRACT DOCUMENTS: ( see attached document)

ORIGINAL CONTRACT PRICE............................................................... $ 3, 673, 496. 00

Current CONTRACT PRICE ADJUSTED by previousCHANGE ORDER...................................................................... $ 3, 950, 212. 73

The CONTRACT PRICE due to this CHANGE ORDER willincrease by..................................................................... $ 106. 720.00 This amount brings

contract amount current with the revised Final Quantity Adjustment spreadsheet dated April 8, 2005 ( see attacheddocument)

The new CONTRACT PRICE including this ORDER will be $ 4,056, 932. 73

The new CONTRACT TIME due to this CHANGE ORDER will

10increase by.................................................................... 0 days

The new CONTRACT TIME including this ORDER will be ...................... 374 days from NTP

The date for SUBSTANTIAL COMPLETION of all workwillbe.......................................................................................... February 24, 2005

CHANGES ORDERED:

I. GENERAL

This Change Order is necessary to cover changes in the work to be performed under thisContract. The GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS, SPECIFICATIONS, and all parts of the Project Manual listed in Article 1, Definitions, of the GENERAL CONDITIONSapply to and govern all work under this Change Order.

PROJECT: Tohopekaliga Water Authority Utility Modifications in conjunction with SR 429

PROJECT NO.: 03-0093. 000

11. WORK CHANGED BY CHANGE ORDER

1. Required Changes — As part of closing out the project, Garney has revised and prepareda Final Quantity Adjustment spreadsheet ( dated April 8, 2005) showing quantity variances that haveoccurred during the construction phase.

4 2. Justification — Overages/ Shortages to some of the listed bid items have occurred duringconstruction for this project. After DRMP' s careful review of Garney' s takeoffs and comparing themagainst DRMP' s takeoff quantities, the differences were caused by either Garney' s quantities being

0

slightly lower or higher than they were originally estimated to be or DRMP' s original quantities beingincorrect. There are many lines items having constructed quantities less than bid quantities. As a result, the Contract Price for this project increased from $3, 950,212.73 (Original Contract Price + Contract

Change Orders Price) to $4,056, 932. 73 ( Final Contract Price) a difference of $106, 720. 00 - the costof Change Order No. 27 ( Final). Garney has tabulated the variances. Please refer to the attachedspreadsheet. _

4 3. Payment — No payment is required for this change order. The purpose of this changeorder is to bring the original contract amount current with final contract amount.

III. ORIGINAL CONTRACT SCOPE IMPACTED BY THIS CHANGE ORDER

N/ A 1. Required Changes/ Impact

N/A 2.. Justification

NIA 3. Payment

IV. PRIOR CHANGE ORDERS IMPACTED BY THIS CHANGE ORDER: None

V. WAIVER

This Change Order constitutes full and mutual accord and satisfaction for the adjustment inContract Price and/ or Time as a result of increases or decreases in costs and time ofperformance caused directly and indirectly from the change. Acceptance of this waiverconstitutes an agreement between TWA and CONTRACTOR that the Change Order representsan equitable adjustment to the Contract and that CONTRACTOR shall waive all rights to file aclaim on this Change Order. Execution of this Change Order shall constitute CONTRACTOR' scomplete acceptance and satisfaction that it is entitled to no more costs or time ( direct, indirect, impact, etc.) pursuant to this Change Order.

IV. APPROVAL AND CHANGE AUTHORIZATION

Acknowledgments: The aforementioned change, and work affected thereby, is subject to allprovisions of the original contract not specifically changed by this Change Order; and, It isexpressly understood and agreed that the approval of the Change Order shall have no effect onthe original other than matters expressly provided herein.

Change Order Request by:

Change(s) Ordered by:

RECOMMENDED BY:

Michael Henry, P. E., DRMP

Engineer of Record)

By

Signature

Title Engineer of Record

Date

Jason Seubert, Garnev Companies

Pete White, TWA

nRECOMMENDED BY:

Pete White

TWA Ins )

By=- SiQKature

ACCEPTED BY:

Jason Seubert

Contractor) -

By. Signat

Title TWA Inspector Title Project Manager

Date Date

APPROVED BY:

TOHOPEKALIGA WATER AUTHORITYOwn

By BySi nature Signature

Title: Tiflp-

Date Date

END OF SECTION

Gainey Companies, Inc. SR 429 UTILITY MODIFICATIONS Toho Water Authority3018 Michigan Avenue OuantityAdjustmentsKissimmee, Florida 34744

A B C D E F G H 1 J

DESCRIPTION OF WORK DID UNIT

QUANTITY

UNIT PRICE EXTENSION QUANTITY

INSTALLED

EXTENSION QUANTITY

VARIANCE

OVER t ( UNDER)

EXTENSION

1_

23

Mob, Demob, Bond, Permits, As-builts, Testinc - -

Sitework _.----__

Removal & Disposal of Unsuitable Materials -

1 LS _-

1 LS -

1, 000 CY -

175, 000.00

20000_00

4.00

20,000. 00

175, 000. 00

4,000.00

1

1

1, 000

175,000. 00

20.000. 00

4,000. 00_

0

03

4

5

36" RJ FM_ SHR West & North, Access Road -

36 RJ FM- SHRWest ( Install Only)

801 LF- -

220 LF -

310_00-

60. 00

248_310. 00

13,200.00

1, 206 _

224

373, 860.00

13,200.00

405

0

125,_550.00_

M 36" FM - Access Road ( Install Only) _ _ 180 LF 60. 00 10,800. 00 180 10, 800.00 0

7 36" FM - SHR East & North, Access Road 4,179

LFT_ 170.00 710, 430. 00 3, 931 - 668, 270. 00 248 2 ,160.. 00)

8 30- RJ FM - SHR East ( Install Only) 200 LF- 60. 00 12,000. 00 208 12, 480.00 8 480.00

9

10

30" FM- SHR East { Install Only) 1, 180 LF _ 60.00 70, 800. 00 1, 143 - 68, 580. 00 37 2, 220. 00

30" FM - SHR East Install Only - already installed 1, 400 LF 60_00 84,OOD. 00 0 1, 400 84,000. 00)

11 24" RJ ROW - SHR East; West, North, Access Road 1, 080 LF 210. 00 226, 800. 00 1, 577 331, 170.00 497 104,370.00

12 24" ROW - SNR East & West, Access Road 5, 690 LF 90:00 512, 100. 00 5, 273 - 474, 570. 00 417 37, 530. 00)

13 18" FM_ -_ 15 LF 41. 000 615. 00 40 1, 640. 00 25 1, 025. 00

14 16" RCW Main 225 LF 50.00 11, 250. 00 224 11, 200. 00 1 60-0j() 15 12" Water Main _ - 375 LF 30.00 11, 250.00 375 11, 250. 00

16 10" RCW Main _ 160 LF 27.00 4,320. 00 170 4, 590.00

0

10 270. 00

17 8" FMJ- 130 LF 32. 00 4,160. 00 127 4,064.00 3 98.01

18 8" Water Main - -- J-

300 LF 21. 00 6, 300. 00 638_ 1.3,398. 00 338 7, 098. 00

19 8" 1 FM ( Private) 540 LF 10. 00 5,406706- 538 5,380. 00 2 20.00)

20 24 ROW By -Pass 1 ea)

1ILF5,500. 00 5, 500. 00 1 5,500. 00 0

21 18" RCW By -Pass ( 3 ea1--. 1 15, 000. 00 15,000.00 0 1 15,000. 00)

22 18" FM By -Pass ( 4 ea) 1 21, 000. 00_ 21, 000_00 1 21, 000. 0062316" RCW Temp By -Pass 3 eat 1 10, 500. 00 10, 500. 00 1 10, 500. 00

02416" FM Temp. By -Pass ( 3 ea) 1 14_000. 00 14, 000. 00 1 14,000.

0025SC Open Cut Casing 420 185. 06 77, 70000 412 76,220. 00 8 1, 480.

002642" Open Cut Casing 510 150. 00 76, 5D0. 00 507 76,050. 00 3 5D.00)

27 24" Open Cut Casing 250- 77. 00 19,250. 00 250 - 19,250. 00 0

28 18" O n Cut Ca_s 230 LF 65. 00 14,950. 00 483__ 31, 395. 00 253 16,445.00

29 6" Concrete Encasement at SR 520 _ 20 CY 200. 00 4,000. 00 27 5,400. 00 7 1, 400. 00-

30 6' Concrete Encasement at OLCCR - 35 CY 200. 00 7,000. 00 35 7, 000. 00 0

31 Exist- 24" WM Lowered in Place - CR 546 90 LF 50.00

50. 00y4,500.00 120 6,000. 00 30 1, 500. 00

32 Exist. 24" W M Lowered in Place - OR 545 _ 90 LF 4, 506; 00 140 7,000.00 50 2,500. 00

33 Exist 12" W M Lowered in Place - SHR East, North 1, 465 LF 16.00 21, 975. 00 1, 455 21, 825.00 10 150. 00

34 Exist 16" ROW Lowered in Place - SHR North 133 LF 110. 00 14,630.00 256 27, 500. 00 117 12, 870. 00

35 Exist 16" FM Lowered in Place - SHR North 133 LF 110.00 14,630. 00 240 26,400. 00 107 11, 774. 0036 36" Gate Valve 2 EA 40,000. 00 80,000. 00 5 200, 000. 00 3 120, 000. 00

30" Gate Valve

24" Gate Valve

18" Gate valve

2 EA

16 EA

2 EA

20,006. 00

9,000. 00

6,700. 00

40, 060. 00

144,000. 00

13,400. 00

1

13

2

20, 000. 00 1 20, 000. 00)

117, 000. 00 - 3

13, 400.000

27, 000. 00

16" Gate Valve - 4 EA 4,000. 00 16,900. 00 4 16, 000_00 0

41 12" GateValve1 EA 1, 750. 00 1, 750. 00 1 1, 750.00 0

42 10" Gate Valve 2 EA 1, 500. 00 3,000. 00 2 3,000.00 0

43 8" Gate Valve 3 EA 1, 000.00 3, 000. 00 3 3,000.DD 0

44 18" BFV _ - 2 E4 2,106. 00 4,200. 00 2 4,200. 00. 45 ARV & Vault 6 EA 4,000. 00 24, 000. 00 8 32,000.00

0

2 8, 00000

46 30" x30" TS & V or Cutin Tee - 1 EA 40, 000. 00 40, 000.00 1 40,000. 00 0

47 12T" x 12" TS & V _ 1 EA 5,700. 00 5,700.00 1 5,700. 00 0$

48 12' x 8" TS & V 1 EA 4,5D0O00 4, 500. 00 1` 4,500. 00 0

49 24" Plug & Blow Off Ass. 3 EA 2, 000. 00 6,000. 00 2 4,000. 00 1 2, 000.00)

50 24" Plug & Blow Off Ass. Install O - 1 EA 275. 00 275. 00 275.00

51 Adjust Exist Valves, Valve Boxes 1 LS 5,000. 00

1

1 5,000. 00

0

0

52 36" MJ Tee - FM 2EA

5, 000. 00

10_500. 00 2 21, 000. 00 053 36" x 30" MJ Tee - FM_ ----- 1 EA

21, 000. 00

10, 000. 00 154

55

30" x 18" MJ Tee - FM

30" x 16" MJ Tee - FM _ ----

2 EA _

1 EA

10, 0_00. 00

5, 700. 00_

6, 000. 00 6, 000. 00

11, 400. 00 2 ---

1

X10,000. 00

11, 400. 00

6,000. 00.

0

D_ 58 24" Tee & 24X8 Tee - ROW 5 EA- 2, 500_ 00 12, 500. 00 4 10,000. 00

T- -

1 X2,500_00

T----1?--

57 24" x 16" Tee - RCW -- 1 EA - 2, 100. 00 2,100. 00 1 2,100. 00

1 EA 2506. 00 2,500. 00 1 2,500. 00

0

059 12" Tee - W M 1 EA 500. 00 500. 00 1 500. 00 060 10" Tee- ROW - 1 E4 1 500. 00 061 8" Tee _ FM _----------- 2 EA 750.00 1. 500_00 2 1, 500.00 0

62- 3B" Wye - FM -- -- 2 EA$ 18, 000. 00 36, 000. 00 38,000.00 D63 24" x 16 Wye - ROW 2 EA

V27, 500. 00 15, 000. 00

2

2 15. 000. 00 064

65

36" 90^ FM

30" 90 - FMEA

1 EA

6,700. 00

5^000_00

13, 400. 00

5,000.00

0

1 5,000.00

2

9

Lj3, 400- OJO

66 24" 9D - RCW--- 3 EA 1. 850. 00 5_-- 5-- 9, 250. 00 2 3_700. 0067 18" 9J - F- FM_ --

V1 EA 2,060. 00

5, 550. 00

2,000. 00 2 4,000.00 1 2, 000. 00

8 EA 6,000. 00 48, 000. 00 13 - 78.00000 5 30, 000. 00_

70 2445- RCW_ - --- ---

7 EA_

13 EA

3,8_0_0.00

1, 600. 00

26, 600. 00_

20, 800. 00

5

15

19, 000. 00

24,000. 00'

2

2

600. 00

3,200. 0071 18 _ 45 - FM _--- 18 EA- 1, 5Q0-.-

0T--- 27, 000. 90 18 -_ 27, 000.00 0

72 18" 45- RCW ,___.. i---- 12 EA--- 1_ 000. 00 1_2, 000. 00 0 - 12 12,000.0073 16-' 4-5 FM 14 EA 775. 00 10,850. 00 15 -_ 11, 625.00 1 775.0074 16" 45 - RCW

75 12" 45 - W M

10 45- W

8" 45- WM

36' 22. 5 - FM

24 22. 5- RCW

36" 11. 25 - FM

81 24" 11. 25 ROW

11. 2-------------._...----...-'--------- 82 12" 11. 25 - W M

10 11. 25 - RCW

84 8' 11. 25 - RCW _ - _

x 30" Reducer - FM

14 EA

7 EA

1 EA

8 EA

2 EA

1 EA

1 EA

1 EA _

1 EA

1 EA

1 EA

1 EA

575. 00 $

350. 00 $'

275. 00 $

275. 00 $

4,750. 00 $

1, 600.00 $

4, 500. 00 $

1, 600. 00 $

325. 00 _.$...__-----

275.00 $

225. 00 S

5, 700. 00 $

8, 050. 00

2, 450. 00

275.00

2, 200.00

9, 500. 04

1, 600. 00

4, 500. 00

1. 600._00

325.00

225.00

5, 766"

19 _

7 ._-.

4 --

12

2

1

1

0

1

1

1

2, 456.000

1, 100. 00

S

10, 925. 00

3,300.00

9, 500. 00

1, 600.00

4, 500. 00

325.00

275. 00

225.00

5,70000

5

34

0

0

0

1

0

D

2, 875. 00

825.00

1, 100.00

1, 600. 00

Gamey Companies, Inc. SIR 420 UTILITY MODIFICATIONS3018 Michigan Avenue

Quantity Adjustments Toho Water AuthorityKissimmee, Florida 34744

Page 3 of 3

B C D E T7G I H I i

DESCRIPTION OF WORK BID UNIT UNIT PRICE EXTENSION QUANTITY EXTENSION QUANTITY QUANTITY EXTENSION

tA

QUANTITY INSTALLED AVAIRI Et_ 7 56' x 16' Reducer - FM 2 EA 4, 100. 00 $ 8, 200. 00 2

0

8

247 x 10' Reducer - ROW 2 EA 1, 500. 00 $ 3. 000. 00 1 1. 500. 00

0

90

24" x8" Reducer- FM

36" PL-

EA

3, 700. 00 1 1, 850. 00 1, 50.00)

917

2 2, 750. 00 $ 5, 600. 00 2 5, 6DO. 00

24". L19 - RgLAL____ 2 ffA-- 1' 8W. 00

J, 96--001 1. 800. 00 0

93 18" 24

79. 00 oo 3 225.

009625 LUZRC W I EA 75. 00 $

ii-qo--00. $-

75.00

200. 00

41

2

75,

200. 008" PI !N - FM 2 EA

1 - ffA- 097 8:_ Plu - WM9 75. 00 $ 75.00 1 75. 00 098 61

76. 00 $

76'0-0i&-00 0

99

100.

6" Plug- WM

56- 46 - FM Install Only) 1 EA

2 ' ffA-- 75.00

5W. 00 -*$'- 1, 000. 0.0-

6--- 0

101 36" x3W Raducer- I' M( Install Ord 2 -EA'--$ 50-000 1, 00-0

S

00

660.00

1 5D0. 00

2- s 11.000. 0jo500.001102 W x 187 Tee - FM Install Only - 1 EA

10130" Tee - FMknstalf Only)$660. 00

2 325.. $ 2,650.W1

2

00

2, 650. 00 0W

104 1 EA 360. 00 3 6 0-0 1 L360. 00 0105 30" 45- FM (Install Only) 2,000. 00 $ 4.000- 00 2 4,000. 00 o106 3T x 8" Tee - FM ( Install Only) I ' EA 500. 00 $ 500. 00 500. 00 0107 24" xlG" Reducer- RC ( install I EA 500. 00 $ 500. 00168Exist 30"& W I' MRemove Ex'

1092, 010 LF

Y -53-O20. 00 $ 40, 200. 00 1, 545 59 300.00Remove Exist 24" ROW

110 Remove Exist 247 FMEF--- fi-o-o-o 2, 630 20, i65 --OG 100 1000. 00

171- 1 - Remove Exist 18" RCW510 LF

LF

1.0.00 10000

24, 120. 00

0

3, 165510

112 Remove Exist. 18" I' M 1, 850 LF

9.00

9.0028, 395. 00

17, 919. 00

475

141

4,276.00

1, 269. 00113 Remove Exist. 16" RCW ( sHRWo;r-th)-- Z640 LF W00L.9912,138 19, 242. 00 4,518. 00} 114 Remove Exist. 18" ROW ( SR 630) 215 LF 9.00 $

9. 00 $

11g35. 00.

41, 8-50. 00

215

2,590

1, 935. 00

23, 310. 00

502

0

Zoc)o 18. 540. 00115 Remove Exist 16" FM ( SHR North) -- 4,6Ri LF

1I-6 - Remove Exist 12- WMi-17 ffei;, ve -E) d. L 10- RC Wyr dham)

408 LF

400 LF

9. 00 $ 3, 672. 00 20 180. OD

118 Remove Exist. 10* ROW ( SHF- North) 260 LF

9. 00 $

9.00 1 2, 340. qj

4, 140. 00 20

260

180. 00 440 3, g6a. 00)

0 T110 Remove Exist 8" Flvl( Y-Vv-n-dhamL__ -- 442 LF 7.06' $ - 20 - 120 RemoveSHR North) 56 D5 7.00 -$- 386

3, 094. 00 140. 00 ---- 422 Z954. 00)

121 Remove Exist. 6- ROW ( SHR North) 90 LF 7.00 $

00

630. 00 go55 385. 00)

122 Remove Exist. T W ( SHR North) 130 UF- 7.06- --$- gi-5766-

630. 00 0.

d1Q3 Remove Exist 24' BFV 1 EA 6,000. 00 5, 00000 6 000. 00i-( O-1000)

0Remove Exist 24" Gate Valve 1 EA 5,000. 00 6.000. 00 5,000. 00 0Grout 16" Pipe - SHR EEast

Pavement Removal/ RestorationLF 20. 00 8, 900- 00 224 4,480. 00 4:20-00

127 Sidewalk Rernoval/ Resoration890 LF

80 LF

82-00 72_980. 00 - v45o 45,9M.00 330 L___j27. 060- 02) 28 Locate Existing Utilities I LS

CFF-- LI-0-000- 011 $

0.75 -$-

Z400. 00

10,000. 00

75-000

0

1

224_ 1 ---- io-100000

168. 00

80

0j? 400. 00I

PO e29- lye one Wra 1 1, 000

130 24" Double Line Stops 2 EA

1

000. 00 $ 110, 000. 00 2 A776

0

582. 00

3, C1 Connections to Existing Utilities60, 000. 00 $ 50, 000. 00

110, 000. 00

50, 000. 00 0132 Indemnification 1 Ts- 100- 00 --- i-00 00 1- 100. 00qinaf Contract2"

E3,1?-_003, 3,780, 21( L00 S 106,720. 00

Contract Chan r

d0-T _ WyndharnBore Palms I LS 2-8,658.086-8 28, 65B. 68 0CO2 18" Cut- in- valve

CO3 Shut downtime1 LS$: 8,906.08 k:::::: 8:- qgEO:8: 8, 900. 08

4 45 degree bend blowout1 LS 3, 525. 22 $ 3, 525. 22 3, 625. 22 0

0005 Moved RF - DIP - -' -- I LS960. 17 1, 960. 17 T-

06 Add 8x6 reducer I LS 99Z46 $

7 7 Realignment Q 202+76 1 10, 13. 49 $

992. 45

10, 313. 49

992. 45 0

C08 GW 295VC- LS 951. 15 951. 15..

10, 313. 49

951. 16

0

C09 aluq purchaseC01 0 12" By- pass

I LS 16, 481. 47 $ 15, 481. 47 16, 481. 47 0

011 Repaired 12" Re -use Pump Feeder87 $ 6. 953. 87 5, 953. 87

I Lower 24 mamuncler3TI LS Z741. 37 $ 2,741. 37 Z741. 37 0

01 Relocatea- PjEg,:j,:o::u:tj2-g CF of LS

3,235. 70 57

Lower 18" I' M P 11 I L5

18, 768. 73 $ 8. 7tV18,708.73 1 18,768. 73

0it2eby-

passes2- nt 31 - Temp LS

V48w55 $ 7A

01 Extra work related to pipe removal35, 338. 53 $ 53

27. 22Z- 11

35, 338. 53

1 Repair 16" FM1

7, 4 IT 0

01Demolition7 at

correction

LS

I- LS 5-' 62-430

Time e-xt-- Tim eryti nI LS

IFRepair 7

2i 565C FM-

Adjustment07. 61 0 $

ROW1 LS

L

3, 673. 10 $ 3,673. 10 673.10CO

i-- Pressure Grouting 9017.42 5. 917.42 0$Tlto l

meD2r9ency Line Stop16, 029A0 $ 16, 029. 46 029-4q

0 $ I LS

CO2 26. 639. 25

for 36"/24" DIP Left on Site - r - Ia-- Contractor LS2st

I 31, 233. 93 31, 233. 93 0 $

276,716. 73

cv','>f=u (,UNIIYACT VALUES 3, 95, 212-73T 4,056, 932. 73 106, 720. 00

Page 3 of 3

0 Category: Old Business

APPROVAL OF AMENDED BOARD MEETING SCHEDULE

Attachment: Amended Meeting Schedule

Explanation: At the May 11, 2005 meeting, Mayor Gant informed the Board thatthe Kissimmee Utility Authority has changed its board meeting schedule from thefourth Wednesday evening meeting. The Toho Water Authority Board € ould now

set a consistent date for the second monthly meeting for the fourth Wednesdaywithout conflicting with the KUA meeting. The Board requested staff toinvestigate whether there were any other conflicts for the fourth Wednesday ofthe remaining months with desire of adjusting the meeting schedule to the fourthWednesday if there were none. The staff found that the fourth Wednesday doesnot conflict with any other meetings that would appear to pose a conflict for theBoard. The City Commission chambers are available for the fourth Wednesdayexcept for May

25th

and the second meeting in November. The staff has

prepared a new meeting schedule that would have the remainder of the boardmeetings scheduled for the second and fourth Wednesdays of each month. TheBoard will have to re -advertise the meeting schedule upon adoption.

Recommendation: Staff recommends approval of the amended Board meetingschedule setting the second meeting of each month for the fourth Wednesday ofthe month.

BoardMeetingSchedule. 05.25.05. blw

P,j

TOHOPEKALIGA WATER AUTHORITY BOARD MEETING SCHEDULE FOR REMAINDEROF THE YEAR 2005

DATE TIME DAY OF LOCATION TYPE MEETINGWEEK

MAY 25 5: 00 PM WEDNESDAY TOHO CONF. ROOM REGULAR

MEETING

JUNE 8 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

JUNE 22 5:00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

JULY 13 5:00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

JULY 27 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

AUGUST 10 5:00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

AUGUST 24 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

SEPTEMBER 14 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

SEPTEMBER 28 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

OCTOBER 12 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

OCTOBER 26 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

NOVEMBER 9 5: 00 PM WEDNESDAY TOHO CONFERENCE REGULAR

ROOM MEETING

NOVEMBER 23 5: 00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

DECEMBER 14 15:00 PM WEDNESDAY CHAMBERS REGULAR

MEETING

Category: Old Business

STATUS REPORT ON THE DEVELOPMENT OF A_ PLAN FOR AN

AUTHORITY ADMINISTRATIVE COMPLEX

Attachment( s): Map

Explanation: The Board requested Staff provide a status report on steps beingtaken and plans being developed for obtaining an administrative buildingcomplex for the Authority. During the past couple months, Staff has initiated acouple actions.

Previously, Architect, Dale Parsons, offered to perform a space needs analysisfor the Authority at no cost. Staff has met with Dale Parsons on severaloccasions in developing an initial space needs. Results of Mr. Parsons workindicate that the Authority will initially need about 13, 000 — 13, 500 square feet of

office space including bathrooms, corridors, and storage. This initial spaceassessment includes some limited space for expansion. This assessment

appears to confirm the Staff recommendation for obtaining an administrativecomplex with space capacity up to around 20, 000 square feet. The flexibility toexpand beyond this 20, 000 square foot estimate may be a consideration as theAuthority evolves.

The Board is aware that three ( 3) potential sites/ alternatives were previouslyidentified. These alternatives are:

1. The proposed Parsons office tower at Dakin and Broadway2. A portion of the Beaumont Property owned by the County3. The City of Kissimmee City Hall site ( Fire Station site to be

demolished in future)

Staff has received assistance from Marc Reicher of RIDA Development in

conducting a survey to identify additional potential sites/ alternatives in the CRAarea of Kissimmee. Their initial screening identified over 20 sites that met theinitial size criteria provided of approximately two ( 2) acres. After reviewing thisinitial screening many of the sites were eliminated; a number are existingbuildings and some were eliminated based on location within the CRA. The

initial screening also identified a few additional sites based on purchasing morethan one tract, making an assemblage. An existing building was also identifiedas potentially available. At the last Board meeting, the size parcel needed for apotential two ( 2) story 20,000 square foot building was questioned. Supervisor

Moody advised Staff, subsequently, that a more appropriate parcel size for theproject should be 2. 5- 3. 0 acres to handle all parking and stormwater on site.

The subsequent screening of potential sites used this revisited site size criteria. The alternative site list now consists of the following:

1. Parsons Office Tower — Dakin and Broadway ( Lease) 2. Beaumont Property — Osceola County3. Kissimmee City Hall Site4. Mary Hadley Trust Property — Mann and MLK Blvd. — 4.36 Acres5. Cape Breeze Plat — Tohopekaliga Ave. and Drury Ave. — 2.4 acres6. Ivey Groves Parcel — Oak St. — 2. 69 acres7. First Christian Church — Main St. — 3.77 acres8.. Assemblage at Robinson and Union — 5.54 acres9. Assemblage at Central and Bass — 4. 13 acres10. RHP Building at 1100 N. Main Street — 1. 68 acres

Staff is also obtaining the estimated cost of construction for a 20, 000 square footoffice building.

There are several alternatives being proposed to the Board for providing an officebuilding. The Board may want evaluate all of the alternatives together oreliminate one or more up front for philosophical or business goal reasons. Theoptions being proposed are:

A. Lease office space within the Parsons Office Tower with the ability toexpand the leased space in increments over time.

B. RIDA will assist the Authority in locating, acquiring or building an officethrough one of the following:

a. Built to suit partnerb. Traditional fee developerc. Acquire and build to suit with deeding to the Authority through

some form of equitable exchange for some property at theImperial Site presently under lease to ChampionsGate. The

exchange would be based upon a value exchange taking intoconsideration the value of the lease and the property.

C. Proceeding with an agent selected through an RFP process to pursueacquisition of a parcel upon which an office building would beconstructed through obtaining an architect and construction manager.

There are several issues pending or to resolve that will assist in potentiallyclarifying the options for the administrative complex:

A. The Board may want to make decision as whether there is aninterest in considering the leasing of a building or office spaceas one of the options.

B. The availability of a portion of the County owned Beaumontproperty will obviously determine whether this site is viable.

C. The timing on the availability of the fire department site andability to handle the need for additional parking will be criticalfactors for determining the viability of the City Hall site.

Staff will have maps of the downtown area available for the Board to review anddiscuss the alternative sites presently in the early stages of consideration andexploration.

Recommendation: Staff is seeking direction from the Board on the developmentof a plan for the new Administrative office building.

AdminComplexStatReport. 05.25.05. blw

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New Business

Attachments: Agreement and Map

APPROVAL OF INTERLOCAL AGREEMENT WITH POLK COUNTY FOR

WATER SERVICE

Explanation: Polk County Utilities has been experiencing water supply problemsfor the past couple years in their Northeast Regional Utility Service Area whichincludes the Four Comers area and CR54 to the Loughman area. Most of this

area is within the Southwest Florida Water Management District (SWFWMD) and

has been subject to enforcement action by the District for water withdrawals inexcess of Water Use Permit limits. Compounding the problem of having theexisting demand exceed permit limits, Polk County Utilities has commitments forservice to a number of planned developments which will further increase

demand. With the SWFWMD limiting water withdrawals, the County is facing apotential moratorium on development unless an acceptable alternative source of

water is obtained for the short term while additional acceptable long term watersupply sources are developed.

Over the past couple years, Polk County Utilities staff has been discussingthe development of an Interlocal Agreement with TWA to purchase water

wholesale on a temporary basis to assist the County during this problem period. Discussions on the agreement have been delayed by both leadership changes atPolk County and delays in the completion and start-up of the Southwest WaterTreatment Facility. The completion of the Southwest WTP would provide theAuthority with some surplus water production capability. The present water

supply system in the TWA Northwest Area adjacent to Polk County consisting ofthe Indian Ridge WTP and the Northwest WTP has limited surplus water

production capability. While the present system could provide some water to PolkCounty, the existing system could not provide substantial relief to the Countywithout impacting the ability of the Authority to serve its customers.

The proposed Interlocal Agreement would be implemented in two phases

over the next two years. The basic elements of the agreement are as follows:

1. TWA will begin selling Polk County.,up to 1. 1 million gallons per daymgd) of water beginning July 1, 2005 and increase that amount to

3. 75 mgd on July 1, 2006. 2. The initial term of the agreement is for 5 years with two 2 year options

to extend the agreement based upon mutual consent.

010A

3. There are four interconnection points proposed with two of the

interconnections becoming permanent emergency two- wayinterconnections benefiting both utilities. Polk County will be responsiblefor the construction costs of the one way interconnects and both

utilities will share the costs of the two way interconnects. 4 The two way interconnections will allow for either utility to providethe other with water in a time of emergency. 5 Because the sale of water is temporary or for emergency purposesunder this agreement, there will be no specific connection or system

development charges assessed.

6 TWA will charge Polk County $ 0. 75 per thousand gallons of water

sold. The rate will be adjusted periodically to correspond with thepercent adjustment to the Authority's residential water rates. Thecharge for the water represents a Large User charge exclusive of the

costs associated with providing retail service. 7 TWA will regulate the flow through the interconnects to insure that

its customers are not negatively impacted by the Polk Countywithdrawals.

The water being provided by TWA to Polk County will originate in theSouth Florida Water Management District ( SFWMD) and will therefore cross

Water Management District boundaries as well as County lines. TWA and PolkCounty will also have to obtain approval from both Districts, SFWMD and

SWFWMD, for the proposed interdistrict transfer. Both districts have been

informed of the on-going negotiations and have given tentative verbal approvalthat the Interlocal Agreement should be approved given the transfer is onlytemporary and for a short duration.

The Interlocal Agreement was largely drafted by Don Smallwood, CityAttorney, but has been reviewed by the Polk County attorney and some inputprovided by the Authority's environmental counsel, Silvia Alderman. This is thesecond operational Interlocal Agreement with Polk County to be proposed in thepast year. Last year, the Board approved an agreement to allow Polk County toutilize the Authority' s rapid infiltration basins along the Polk County line forpotential wet weather disposal of reclaimed water. This agreement allowed the

County to proceed with increasing the capacity of its water reclamation facility. Staff is meeting with Polk County staff to develop two more agreements, oneaddressing temporary wastewater treatment service and a second agreement forjoint planning for the Four Corners area.

Recommendation: Staff recommends approval of the Interlocal

Agreement with Polk County for Water Service.

0

INTERLOCAL AGREEMENT

BETWEEN

POLK COUNTY

AND

TOHOPEKALIGA WATER AUTHORITYRELATING TO

WATER SERVICE

THIS is an Interlocal Agreement between Polk County, Florida, a political subdivisionof the State of Florida, its successors, and assigns; ( hereinafter referred to as " PolkCounty") through its Board of County Commissioners and the Tohopekaliga WaterAuthority, an independent special district established and created pursuant to Chapter189, Florida Statutes ( hereinafter referred to as " TWA'); ( both collectively referred toas the "Parties"); and each represents as follows:

WITNESSETH"

WHEREAS: Chapter 163, Florida Statutes, "Florida Interlocal Cooperation Act of1969", as amended, authorizes local governmental units to enter into InterlocalAgreements for the mutual benefit of the governmental units; and

WHEREAS: Chapter 125, County Government, Section 125.01( 1)( k)( 1) Powers and

Duties authorizes the County to provide for water and sewer services; and

WHEREAS: Chapter 189, Florida Statutes, Special Districts and Chapter 2003- 368, Laws of Florida, created an independent special district, known as the TohopekaligaWater Authority; and

WHEREAS: The " Act" provides that the Authority has the power to provide water andwastewater utility service and facilities within the boundaries of an affected generalpurpose local government, upon their consent and to enter into agreements with othergovernmental agencies; and

WHEREAS: The purpose of this Agreement is to memorialize the terms andconditions under which the Parties will effect multiple interconnections of potablewater systems through mutually agreed upon " Connection Points" for the provision ofcertain potable water service ( emergency and reliability) between the Parties.

NOWTHEREFORE, for and in consideration of the above promises and of the sum often dollars ($ 10. 00) and other good and valuable consideration, the receipt andsufficiency of which is hereby acknowledged, and in future consideration of the mutualcovenants and undertakings herein set forth, the parties mutually agree as follows:

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0The foregoing recitals are true and correct and incorporated herein.

2. The Parties agree that in construing this Agreement, the following words, phrases, and terms shall have the following meaning unless the contextindicates otherwise:

a. " Agreement" means this Interlocal Agreement as it may from time to time be

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modified.

b. Annual Average Daily Flow" shall mean total yearly use divided by 365v _ days.

c. Connection Points" shall mean physical locations where the interconnectinfrastructure owned by one party joins with the interconnect infrastructureof the other party.

d. County Water System" means those facilities that are operated, maintainedand replaced by Polk County.

e. Emergency Water Service" shall mean a water service interconnect inwhich either party may provide water supply to the other party to relieve asubstantial loss of capacity or pressure such that the health, safety, andwelfare of its customers is threatened. Emergency Water Service typicallyshall be no longer than 96 continuous hours of service, unless agreed upon

f.

otherwise.

GPD" means gallons per day. g. Interconnect Infrastructure" shall mean those facilities and infrastructure

required to provide potable water service connections between the Parties. h. Master flow meter' shall mean a meter that measures potable water flow. i. One -Way Interconnect" means a water service anticipated to supply water

in one direction — from the Providing Party to the Receiving Party. j. Providing Party" means the party which is providing water service through

this Agreement. k. Receiving Party' means the party which is receiving water service through

this Agreement. I. Reliability Water Service" shall mean a water service interconnected to a

supply of potable water to help meet the supply demands of the ReceivingParty.

m. Service term" shall mean the length of time for which water services shall beprovided under this Agreement.

n. Two -Way Interconnect: means a water service which can flow both waysso that the Parties to this Agreement can both supply water and receivewater.

o. TWA Water System" means those facilities which are operated, maintained, and replaced by TWA.

p. Water Service" means potable water which is pumped from the ground, treated, transmitted and distributed in accordance with applicablegovernmental requirements and regulations.

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Except as otherwise defined herein, all terms which are defined in the InterlocalAgreement shall have the same meanings and definitions as ascribed to themtherein when such are used in this Agreement -

3. It is mutually acknowledged by both Parties that the intent of this Agreement istwofold: 1) to provide Emergency Water Service Two -Way Interconnectsbetween the TWA Water System and County Water System; and 2) to provideReliability Water Service One -Way Interconnects between the TWA WaterSystem and County Water System to meet the existing short-term needs ofPolk County's NorthEast Regional Utility Service Area (NERUSA) on atemporary basis, subject to availability. It is not the intent of this Agreement to

in any way constrain, limit, or prohibit TWA and Polk County from obtainingtheir own additional water resources or from expanding their respective watersystems.

4. The Service Term for the Emergency Water Service provisions of thisAgreement shall be for an initial term of 5 years, which shall commence uponthe date of execution of this Agreement and end upon a 180 -day advancewritten notice by either party. The date of final completion of the InterconnectInfrastructure improvements shall be no later than 18 months after the effectivedate of this Agreement. The Service Term for the Emergency Water Serviceprovisions of this Agreement shall be automatically extended on a yearly basisthereafter.

The Service Term for the Reliability Water Service provisions of this Agreementshall be for a term of 5 years, which shall commence upon the completion ofthe interconnect infrastructure improvements and end upon a 90 -day advancewritten notice by either party. The date of final completion of the InterconnectInfrastructure improvements shall be no later than 18 months after the effectivedate of this Agreement. The Service Term for the Reliability Water Serviceprovisions of this Agreement may be extended for two ( 2) additional terms oftwo ( 2) years each on mutual consent of the parties.

5. The Parties agree to establish potable water service interconnect to provideboth an emergency source of potable water from TWA to Polk County and fromPolk County to TWA, and a reliable source of potable water from TWA to PolkCounty. The Parties agree to provide these water services to each otherthrough mutually agreed upon interconnections at flow rates and quantities andat pressures, which do not inhibit service to the customers of the ProvidingParty. The Parties will coordinate managing water pressure differentialbetween their respective water systems.

6. The Interconnection Points between TWA and Polk County Water Systemsshall be at approximately the following locations, as depicted on Exhibits A-1, A-2, A-3, A-4:

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Approximate Interconnection Location Type of Interconnection

Tri -County Road # 2 @ Country Line Emergency Water Service- Two -Way InterconnectOld Lake Wilson Road @ C.R. 532 Emergency Water Service- Two Way InterconnectC. R.532 @ Blackwater Crossing Subdiv. Reliability Water Service- One Way InterconnectChampions Gate Boulevard @ Cty Line Reliability Water Service- One Way Interconnect

The final design locations shall be agreed upon by both Parties prior to designand construction of the interconnections.

7. Connection of Water Systems: For a Two -Way Interconnect ( EmergencyWater Service), one of the Parties shall install, or cause to be installed, all

pipes, fittings, valves, and appurtenances necessary to connect its existingfacilities to the other party' s facilities at the agreed upon Points of Connection. Each party shall furnish metering equipment as set forth in Section 7.3hereinafter. Both parties shall share equally in the cost of constructing the TwoWay Interconnect and both parties shall approve the design of the Interconnect. Operation, maintenance, and replacement of all pipes, fittings, valves, meters, and appurtenances up to the point of connection with other party, shall be theresponsibility of the providing party. Upon completion of the connection ofwater systems, water may flow continuously through the Points of Connectionand will be measured by each Parties' metering equipment.

For a OneWay Interconnect ( Reliability Water Service), the Receiving Partyshall at its own cost install, or cause to be installed, all pipes, fittings, valves, and appurtenances necessary to connect its existing facilities to the ProvidingParties' facilities at the agreed upon Point of Connection. The Receiving Partyshall install metering equipment as set forth in Section 7. 3 hereinafter. Operation, maintenance, and replacement of all pipes, fittings, valves, meters, and appurtenances of a One -Way Service connection shall be the responsibilityof the Receiving Party. Upon completion of the connection of water systems, water may flow continuously through the point of connection and will bemeasured by the Receiving Parties' metering equipment.

7. 1 Each party shall be responsible for either its own or its equal share ofdesign, construction, permitting and inspection expenses and any otherfees or costs incurred for the project pursuant to this Agreement. Both

TWA and Polk County shall have the right to review and approve thedesign prior to either party proceeding with any construction hereunder. However, right of prior approval shall not be unreasonably withheld ordelayed. The availability of potable water service to either TWA or PolkCounty shall not commence until construction and acceptance by bothparties of the Interconnect Infrastructure.

7. 2 Connection Fees: Water service provided under this Agreement isintended to be temporary only. So long as water service is temporary,

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connection and system development fees will not be charged by eitherparty. In the event the reliability service provisions of this Agreementsare extended beyond the initial term of Agreement, the parties agree torenegotiate the fee structure.

7.3 Metering:

7. 3. 1 Metering equipment that will be capable of measuring allwater flowing through the point of connections shall befurnished for installation by the providing party for theirportion of the respective interconnect. Each party shallhave the right to review and approve the type of meter and

meter installation of the other party. The Parties shall alsohave the right to read the other Parties' meter and the rightto access thereto for billing purposes. Metering may becapable of remote monitoring if desired.

7. 3. 2 The Interconnect Infrastructure shall include, meteringbackflow protection and isolation valving equipment. Eachparty shall have ownership of the portion of theInterconnect Infrastructure for which the party is theproviding party and shall be responsible for the operation, maintenance, and replacement of its respectiveInterconnect Infrastructure. Each party shall have the rightto review and approve the type of meter and meter

installation of the other party. Each party shall also havethe right to read the other party' s meter and the right toaccess thereto for billing and auditing purposes. Meteringmay be capable of remote monitoring if desired.

7. 3. 3 Both Parties' metering equipment shall be of standardmake and type meeting the current AWWA Standards, installed at a readily accessible location and shall recordflow with an error not to exceed plus or minus two percent2%) of full- scale reading, suitable for billing purposes.

Each party shall check the accuracy in accordance withAWWA Standards of its meter every twelve ( 12) monthsand send the results to the other party. Checking foraccuracy is to be done at the meter owner' s (providingparties expense) expense. If the party ( Receiving Party) that does not own the meter desires to confirm theaccuracy of the meter, the meter owner ( Providing Party) shall arrange for an accuracy test and the party not owningthe meter shall pay all costs of confirmation testing. Such

testing shall be conducted by an independent contractorselected by the meter owner ( providing party).

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7. 3.4 If either Party' s meter is found to be in error exceeding two2%) percent of true accuracy, it shall be recalibrated to the

satisfaction of the parties. If such error of more than two2%) percent is discovered, bills for the period since the

last meter check shall be adjusted. In calculating suchbilling adjustment, it will be assumed that the meterinaccuracy existed for one half ('f) of the entire timeinterval between meter accuracy checks by either party. The billing adjustment shall be made at the same rateestablished in accordance with Section 10 hereof, but the

volume used in the billing calculations shall be adjusted asdescribed herein.

8. Reliability Water Service: Both parties mutually agree that after connection ofthe water systems, TWA will then continuously provide water service throughTwo -Way Interconnects, at the TWA prevailing system pressure, in accordancewith the other provisions of this Agreement. Upon connection of the water

systems, any customers that have or will connect to facilities of Polk Countyshall be customers of Polk County and shall pay Polk County rates, fees, charges, and deposits for water service. Total water flow supplied by TWAshall be calculated by TWA and a report together with an invoice submitted toPolk County. TWA will provide to Polk County potable water service up to thefollowing quantities in accordance with the following schedule:

Quanti Beginninq Service Availability Date

1. 1 MGD Average Annual Daily Flow No Later Than July 1, 20053.75 MGD Average Annual Daily Flow No Later Than July 1, 2006

9. EmerpencyWater Service: To request emergency water service, the partyReceiving Party) needing service shall contact the other party ( Providing Party)

by telephone. Within 30 minutes of said request, or as soon as practicablethereafter, the Providing Party shall open the necessary valves on their side ofthe appropriate flow meter to allow service to begin. The Receiving Party shallfollow-up the verbal request by written confirmation to the other Providing Partywithin 24 hours. The emergency water service shall continue for up to 96hours, unless continued service is requested and consented to by the ProvidingParty. -

10. Payment, Water User Charges: TWA agrees to provide potable water for useby Polk County in accordance with the terms and conditions hereof for a chargeof $0.75 per thousand ( 1, 000) gallons of potable water. The user rate shallincrease or decrease annually at the same percent, if any, which the TWA' sretail residential water rates may have been adjusted beginning with the newfiscal year following adoption of TWA `s water rate adjustment resolution. The

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adjusted charge shall become effective on approval by the Board ofSupervisors of TWA; Polk County shall thereafter pay said charge as adjusted. TWA agrees to bill Polk County monthly based upon the number of gallons ofpotable water which pass through the interconnect meters each month. Polk

County agrees to pay for all potable water received from the transmissionfacilities at the above mentioned rates and agrees to make payments to TWAwithin forty-five (45) days from the date of TWA's bill.

Polk County agrees to provide emergency potable water for use by TWA inaccordance with the terms and conditions hereof for a charge of $0.75 perthousand ( 1, 000) gallons of potable water. The charge shall be adjusted fromtime to time by Polk County based on increased cost. The adjusted chargeshall become effective on approval by the Polk County Board of CountyCommissioners; TWA shall thereafter pay said charge as adjusted. Polk

County agrees to bill TWA monthly based upon the number of gallons ofemergency potable water which pass through the Interconnect Meter eachmonth. TWA agrees to pay for all potable water received from the transmissionfacilities at the above mentioned rate and agrees to make payments to PolkCounty within forty- five ( 45) days from the date of Polk County' s bill.

11. Permits: Each party shall be solely responsible for securing such permits orother regulatory approvals as may be required for the accomplishment of its

OF portion of the project and shall supply the other a copy of any such regulatoryapprovals once obtained. The parties agree not to operate the InterconnectInfrastructure for the deliveries contemplated under this Agreement until allapplicable regulatory permits or approvals have been obtained.

12. Water Quality: Both Parties understand that the water supplied from theirsystems must meet " National Primary Drinking Water Standards" as set forthunder the Safe Drinking Water Act. If any supply source is found to contain aconstituent concentration exceeding the maximum contaminant level, both

Parties shall immediately be notified, and the water supply from the sourceshall be discontinued or other appropriate action taken as required by the SafeDrinking Water Act. All water supply sources shall be tested in accordance withapplicable State and Federal requirements.

13. Demand Limitations: TWA may restrict flows to Polk County at the One -WayInterconnect such that TWA's system pressure is not adversely impacted. Theparties acknowledge that there may exist pressure differentials between the twosystems and that TWA does not warrant nor guarantee any minimum pressure. All expenses necessary to adjust any differential pressure necessary to receivewater service shall be the sole expense of Polk County unless the TWA agreedat its sole discretion to assist in adjusting the pressure differential. Polk Countyrecognizes and accepts that the service provided by TWA is interruptible andshall not be relied upon as the primary source of water.

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14. Regulatory Compliance and Disclosure: TWA shall at all times endeavor toprovide its best efforts to comply with all local, state, and federal regulationsregarding Reliability Water Service. This Agreement does not contemplate thatTWA be considered the sole source for potable water service or fire protectionservice to Polk County. if, for some reason, TWA is not in compliance withlocal, state and/ or federal regulations concerning potable water service, thenTWA shall have the right to discontinue service to Polk County for the durationof the time period of noncompliance with such aforesaid regulations. TWAmust notify Polk County within twenty- four (24) hours, or as soon as possible, ifnoncompliance with a regulation has occurred. Moreover, TWA shall perform

its best efforts to prevent and/or limit such product water not meeting anaforesaid regulation from entering Polk County' s system. Polk County shallhave the right, following disclosure by TWA of noncompliance with a specificregulation( s), to request that the connection be continued if Polk County deemssuch continuation of service necessary to protect the public health, safety, andwelfare of its customers.

15. Disclaimer of Third -Party Beneficiaries: This Agreement is solely for the benefitof the formal parties herein, and no right or cause of action shall accrue upon orby reason hereto or for the benefit of any third party not a formal party hereto.

16. Disclaimer of Security: Notwithstanding any other provisions of this Agreement, Polk County and TWA expressly acknowledge that they have no pledge of orlien upon any real property, personal property, or any existing or future revenuesource of the other as security for any amounts of money payable by the otherunder this Agreement.

17. Notices: Any notices under this Agreement shall be sent in writing to thefollowing addresses, or at such other address as each party may indicate bynotice given hereunder:

Polk County Utilities: Attn: Greg Boettcher, P. E., M. P.A.

1011 Jim Keene BoulevardWinter Haven, Florida 33880

Tohopekaliga Water AuthoritvAttn: Brian Wheeler101 N. Church Street, 2nd FloorKissimmee, FI 34741

With copies to: City Attorney' s OfficeAttn: Donald T. Smallwood101 N. Church Street

Kissimmee, FI 34741

Polk County Attorney's OfficeAttn: Joseph J. Jarrett

330 W. Church Street

Bartow, FI 33830

18. Severability: if any part of this Agreement is found to be invalid orunenforceable by a court of competent jurisdiction, such invalidity orunenforceability shall not affect the other parts of this Agreement if the rights

and obligations of the parties contained herein are not materially prejudiced andif the intentions or the parties can continue to be effected. To that end, thisAgreement is declared severable.

19. Breach: In the event of breach of this Agreement by a party (" Breaching Party'), the party suffering the breach (" Serving Party") shall serve upon the BreachingParty a written notice of breach ("Notice of Breach") detailing the BreachingParty' s non compliance with the obligations set forth in this Agreement. TheBreaching Party shall have a cure period (" Cure Period") of sixty (60) days afterreceipt of the Notice of Breach within which to cure or otherwise comply withthose obligations violated and set forth in the Notice of Breach. Should the

Breaching Party fail to cure or otherwise comply with such violated obligations, then, the Serving Party may terminate this Agreement effective as of the end ofthe Cure Period unless the Breaching Party' s failure to cure or otherwisecomply with those obligations violated is due to an event of Force Majeurehereunder.

20. Assignment: Either Party shall not assign this Agreement unless approved inwriting by the other Party.

21. Hold Harmless: Consistent with applicable state law, including but not limitedto Chapter 768, Florida Statutes, each party hereto agrees to hold the otherharmless from the negligent acts or omissions of itself, its officers, employees, or agents.

22. Time of the Essence: Time is hereby declared to be of the essence to thelawful performance of the duties and obligations contained in this Agreement.

23. Applicable Law: This Agreement is an Interlocal Agreement as provided for inFlorida Statutes, § 163. 01; and said statute is hereby incorporated herein byreference. Any terms in conflict therewith shall be governed by the statute. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida, including all rules relating to construction, enforcement and conflicts of laws.

24. Entire Agreement; Effect on Prior Agreements: This instrument constitutes theentire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject

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matter to this Agreement. Amendments to and waivers of the provisions hereinshall be made by the parties in writing by formal amendment.

All provisions contained in this Agreement shall be binding upon, inure to thebenefit of, and be enforceable by, the respective successors and permittedassigns of TWA and Polk County to the same extent as if each successor andassign were named as a party hereto

25. Venue, Jury Trial: Venue of all actions shall lie in Osceola County, Florida. Each party waives the right to a jury trial. Each party agrees that the prevailingparty shall be entitled to reimbursement of reasonable attorney fees, includingcourt costs, from the opposing party. For the purpose of this agreement, reasonable attorney fees of the City Attorney shall be based on the feesregularly charged by a private attorney with an equivalent number of years ofprofessional experience who practice in Orange and Osceola County, Florida.

ii Us]

IN WITNESS WHEREOF, the Parties hereto have hereunder executed thisAgreement on this day of ) 2005.

Polk County, Board ofCounty Commissioners Florida Approved as to form and legal

sufficiency

By: By. Jack Myers, Chairman Polk County Attorney' s Office

ATTEST:

RICHARD M. WEISS

CLERK TO THE BOARD

By:

STATE OF FLORIDACOUNTY OF POLK

The foregoing instrument was acknowledged before me this day of200_ by , who is theOf , who is personally known to me

or who has produced as identification.

Notary Name Stamp.-

TWA

tamp:

TWA Witnesses:

By:

ATTEST:

STATE OF FLORIDACOUNTY OF-OSCEOLA

The foregoing instrument was acknowledged before me this day of200 by , who is theOf , who is personally known to me

or who has produced as identification.

Notary Name Stamp: p

Category: New Business:

Attachments: Agreement Amendment, Maps, and Spreadsheet

APPROVAL OF AMENDMENT TO LARGE USER AGREEMENT WITHENTERPRISE COMMUNITY DEVELOPMENT DISTRICT

Explanation: In 1993, the City of Kissimmee entered into a Large UserAgreement with Enterprise Community Development District ( CDD) to providewater, wastewater, and reclaimed water service to the Town of Celebration

through a master meter. The CDD provides retail utility service to the residentspurchasing potable water, reclaimed water, and wastewater treatment servicefrom TWA. Because the agreement is to provide service to essentially acommunity, the contract was negotiated as an Interlocal Agreement between twoentities and not as a developer' s agreement. The agreement was negotiated on

behalf of the CDD by representatives and legal counsel with the DisneyCorporation and then assigned to the CDD.

The contract, provided for the CDD to pay the City/TWA Large User Ratesfor the utility services provided and to pay Reserve Capacity Fees for reservationof future water and wastewater capacity. Reserve Capacity Fees were assessedpartially in lieu of impact fees and were to be paid based upon the five yeardevelopment projection. Additional capacity impact costs are recovered throughthe Large User Rate by assessing Celebration a full pro -rata share of the debtservice for the utility system within the rate calculation.

Within the first several years of the contract a dispute arose fromrepresentatives of the CDD over the interpretation of part of the contract related

to the rate calculation. The contract provides a relatively complex template for thecalculation of the Large User Rate annually to be assessed to the CDD for theservices provided. Additionally, this template provides the basis to calculate theReserve Capacity Fees. The rates were calculated and adjusted each year usingthe template and the approved operating budget. At the end of each fiscal yearthe rates are trued -up to the actual expenditures with either a refund or additionalcharge. The CDD contested the inclusion of the full debt service and renewal andreplacement costs in the calculation of their rate and Reserve Capacity Fees. Instead, the CDD was of the opinion that only that portion of the debt service andrenewal and replacement costs that could be directly attributed to the capacitybeing utilized by the CDD should be included in the calculation. Despite the

difference of opinion over the rate calculation, the CDD paid their monthly bill andthe Reserve Capacity Fees at the initial calculafed rate.

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After a number of years, the dispute resurfaced when the developers of

Celebration found that the development schedule was significantly behind theoriginal schedule resulting in a significant Reserve Capacity Fee liability. Severalmeetings were held with representatives of the CDD and Disney to attempt toresolve the fee calculation disagreement and the development schedule

discrepancies. The meetings were unsuccessful and at one point, the CDD

stopped payment of the Reserve Capacity Fees for a number of months. Aboutthree years ago, the attorney for the CDD approached the City/TWA with aproposal to settle the contract issues and resolve the ongoing payment issues. The CDD appeared motivated to settle because Celebration had matured as a

development, the new development schedule was more accurate, and the CDD

was transitioning in its control structure. The CDD desired to eliminate the

monthly Reserve Capacity Fee payment by making a lump sum payment and toresolve the user fee rate calculation dispute.

Resolving the Reserve Capacity Fee payment involved two negotiations. First, the water and wastewater capacity needs to complete the development ofthe Town of Celebration needed to be agreed upon. The second issue involved

calculation of the lump sum payment and resolution of the unpaid fees. Overabout a two year period representatives of both parties met and exchanged

information and data on the development plans and actual water and wastewater

capacity use by the development. Data substantiated that the actual water andwastewater capacity demand was significantly below the flow factors establishedin the original contract. The lower capacity use was one of the factors that wasdistorting and inflating the Reserve Capacity Fees because the fee was beingpaid for project needs and the actual needs were only about a third less thanprojected. Therefore, each year as new projected development demands were

added to the calculation, the unused capacity discrepancy increased, increasingthe fee amount. The negotiations focused on establishing more accurate capacityneeds utilizing the existing flow data from Celebration. With the developmentachieving a relatively mature stage, the flow data provided a more accurate andstable representation for projections for the remainder of the development. The

parties reached agreement on projected capacity needs and a schedule tocomplete development of the CDD. A copy of the build out projections isattached as an exhibit to the contract amendment.

Once agreement was reached on the build out capacity needs, the otherissues associated with the contract amendment began to fall in place. The basic

elements of the contract amendment are as follows:

A. Enterprise CDD will purchase the remaining capacity agreed upon tocomplete the development in a lump sum payment. This payment onlycovers the east side of the Celebration DRI and this capacitycalculation and payment does not include the west side ( west of 1- 4) of

the DRI.

B. To develop the west side of the DRI, the CDD will enter into a separateDeveloper' s Service Agreement and capacity will be purchased

through payment of the then current system development fee ( impactfee).

C. If the east side of the DRI requires additional capacity beyond theagreed upon amount, the capacity will be purchased through payment

of the current system development charges. On the other hand, if there

is surplus unused capacity remaining from the east side, the CDD may

Recommendation: Staff recommends approval of the Amendment to the

Celebration Large User Agreement.

transfer the paid capacity to the west side. D. Enterprise agrees to pay the TWA a lump sum payment of $1, 200, 000

for the east side capacity and to resolve the outstanding unpaidbalance. The negotiated amount was the net present value of the sum

of the projected Reserve Capacity Fees that would be paid annually forthe new capacity demand calculation plus the balance of the unpaidfees without interest penalty less payments made during the pastseveral months. ( The actual calculated amount was $ 1, 235, 000 but

was rounded to the agreed upon amount)

E. The CDD agrees to accept the calculation of the user charges in

accordance with existing terms of the Large User Agreement as thecharges have been calculated over the past twelve years. This

agreement eliminates the dispute over the inclusion of the total debt

service and renewal and replacement charges in the rate calculation.

F. The two entities will continue to share information on the status and

progress of the development to monitor the capacity demands asprojected.

G. Enterprise agrees to take some proactive action to improve

conservation of reclaimed water within Celebration. At the present

time, the reclaimed water demand for the CDD has been more than

150% of the contracted amount ( 3mgd vs. 2mgd).

Recommendation: Staff recommends approval of the Amendment to the

Celebration Large User Agreement.

0 AMENDMENT TO LARGE USER AGREEMENT— DRAFT May 2005

This Amendment is made and entered into this - day of May, 2005, by and betweenthe Tohopekaliga Water Authority, an independent special district established and createdpursuant to Chapter 189, Florida Statutes, successor in interest to the City of Kissimmee,

TWA") and the Enterprise Community Development District, a special purpose localgovernment located in Osceola County, Florida (" Enterprise" or " CDD").

RECITALS

Whereas, the City ofKissimmee and The Celebration Company first entered into thatcertain Large User Agreement dated January 15, 1993 which governed the respective rights andresponsibilities relating to the provision ofutility service to lands within the project known asCelebration, ( the entire area hereinafter referred to as " Celebration") ( the Large User Agreementhereinafter referred to as the " LUX'); and

Whereas, The Celebration Company assigned its rights and responsibilities under the LUAto Enterprise, which was formed for the purpose of providing certain infrastructure and servicesto lands within Celebration; and

Whereas, Enterprise is the retail provider of water, wastewater and reclaimed waterservices to lands within the Celebration project; and

Whereas, the City of Kissimmee became a part of TWA and upon doing so, TWAassumed the rights and responsibilities of the City under the LUA; and

Whereas, in light of the progress of development within Celebration, and the expansion ofthe TWA system since 1993, the parties desire to amend the LUA to reflect the relative maturityof their respective systems; and

Whereas, TWA wishes to continue to provide bulk service to Enterprise, and Enterprisewishes to continue to receive said service to enable it to continue to provide retail service toCelebration; and

Whereas, the parties have differences of opinion as to, the interpretation of the LUArelating to the calculation of monthly charges calculated under the LUA and wish to settle alloutstanding billing matters between them; and

Whereas, the parties acknowledge that in the aggregate, the consumption of water andsewer service within Celebration has been substantially different from and less than the capacityassumptions used under the original LUA; and

Whereas, the parties desire to simplify the billing and service arrangement between them

to enable the more efficient provision of service.

Now, therefore, for and in consideration of the above recitals, and of the sum of TenDollars ($ 10. 00), and other good and valuable consideration, the receipt and sufficiency ofwhichis hereby acknowledged, and in further consideration of the mutual covenants and undertakingsherein set forth, the parties agree as follows:

1. Recitals. The parties agree that the foregoing recitals are true and correct and form amaterial part of this Agreement.

2.. Definitions. Definitions used herein shall be the same as contained in the LUA, unlessotherwise modified herein.

3. Capacity Purchases. Enterprise shall purchase from TWA, and TWA shall provide toEnterprise, the remaining capacity needed for development and build out of that portion ofCelebration east of I-4, the legal description of said lands being identified on Exhibit A attachedhereto, (" East Side"). TWA reaffirms its obligation to provide service to Celebration' s entitleddevelopment program in accordance with the LUA, as amended, including all lands west of I-4, the legal description of said lands being identified on Exhibit B attached hereto, (" West Side").

A. The anticipated development program for the East Side is attached hereto asExhibit C and incorporated by reference. TWA agrees to provide sufficient capacity to meet theconnections identified in the time frames shown on Exhibit C. Any capacity not connected in anyyear may be rolled over into subsequent years, even if beyond the time frames shown on ExhibitC.

B. Enterprise agrees to pay to TWA a total of [$1, 200, 000]. The parties agree

that this amount is sufficient for the capacity needed for the connections shown on Exhibit C andto resolve any and all outstanding billing disputes. Enterprise shall pay this amount within 30 daysof the execution of this Amendment TWA. Once payment is received by TWA, notwithstandingany other provision in the LUA, no additional monthly charges for water or wastewater capacityon the East Side shall be due and owing by Enterprise to TWA.

C. All monthly charges for consumption of water or wastewater services shallcontinue under the terms of the LUA, including provisions for true up payments between theparties.

4. Additional East Side Capacity. At any time Enterprise determines that the capacitypurchased under this Amendment is insufficient to meet the development needs on the East Sidedue to changes in the development plan, TWA agrees to provide the additional capacity at thethen -existing system development charge for water or sewer capacity in accordance with the LUAas amended. Calculation of the additional capacity need shall be consistent with the calculation ofcapacity needed as shown in Exhibit C.

2--

5. East Side Build Out. When Enterprise determines that the East Side has been fullydeveloped and Enterprise has not connected all of the connections identified in Exhibit C, thenEnterprise will notify TWA of same and request the assignment of any unused capacity todevelopment on the West Side. Enterprise shall provide written notice to TWA of this calculationand determination which shall be promptly reviewed by TWA.

6. Capacity Needs for West Side Development. For capacity needed over and above anythat may have been transferred pursuant to section 5 above, the following process shall apply. Enterprise and TWA shall negotiate in good faith to reach a " Developer Service Agreeement" which shall govern the provision of service to the West Side. The Developer Service Agreementshall be consistent with the terms of the LUA relating to the provision of service and facilities. Notwithstanding other provisions of the LUA relating to the calculation of capacity purchases, forthe purchase ofwater or sewer capacity, the then -prevailing " system development fee" ( as said

fee may be renamed from time to time in accordance with the duly adopted tariff of TWA) shallbe applied.

7. Reporting. Enterprise agrees to provide annually to TWA, no later than December 1of each year, a report showing the number and type of connections to its system the precedingfiscal year ( the " Annual Report"). The Annual Report shall also include the amount of capacityallocation used as calculated consistent with Exhibit C. Within 60 days of receipt of the Annual

Report, TWA agrees to notify Enterprise of any disagreement or question regarding the contentof the Annual Report.

8. Facilities. All provisions of the LUA regarding the obligations of either Enterprise orTWA to extend or provide facilities to ensure service is available remain unaffected by thisAmendment. The parties agree that if a capacity need cannot be met by TWA within 18 monthsof a request, Enterprise may secure such capacity and service from any other available source, including but not limited to, providing such capacity and service directly.

9. Reuse. Enterprise agrees to implement best management practices to encourageconservation of reuse irrigation. This may include, in Enterprise' s sole discretion, implementingdirect metering of reuse, imposition of usage rates for reuse, implementation of conservation ratesfor reuse, watering restrictions, etc. The parties agree to continue to cooperate to ensure thereasonable use of reuse, recognizing the fluctuating and seasonal needs of that service. Existingterms of the LUA regarding the provisions of reuse by TWA to Enterprise remain in effect. Theparties agree that if reuse service cannot be provided by TWA within 18 months of a request forservice, Enterprise may secure such service from any other available non potable source, includingbut not limited to, providing it directly, unless the parties agree on another plan for the provisionof such service, provided that Enterprise has implemented best management practices.

10. Settlement. The parties agree that the amount paid herein and the considerationprovided by this Amendment settles and resolves all outstanding billing disputes between them

3--

the extent permitted by law, the parties agree to and do waive trial by jury in anyaction, proceeding, or counterclaim brought by either of them against the otheron any matters arising out of or in any way connected with this Agreement. In

the event that either Party is required to enforce this Agreement by courtproceedings or otherwise, then the parties agree that the prevailing party shall beentitled to recover from the other all damages, fees and costs incurred, includingreasonable attorneys' fees and costs for trial, alternative dispute resolution, orappellate proceedings.

12. Notices. All notices, requests, consents and other communicationsunder this Agreement (" Notices") shall be in writing and shall bedelivered, mailed by First Class Mail, postage prepaid, or overnightdelivery service, to the parties, as follows:

If to TWA: Tohopekaliga Water Authority101 North Church Street

Kissimmee, FLAttn: Executive Director

With a copy to: City AttorneyCity of Kissimmee101 North Church StreetKissimmee, FL

If to Enterprise Enterprise Community DevelopmentDistrict

610 Sycamore Street, Suite 140Celebration, FLAttn: District Manager

With a copy to: Hopping Green & Sams, PA.

123 S. Calhoun StreetTallahassee, FL 32301Attn: District Counsel

Except as otherwise provided in this Agreement, any Notice shall be deemedreceived only upon actual delivery at the address set forth above. Noticesdelivered after 5:00 p.m. ( at the place of delivery) or on a non -business day, shallbe deemed received on the next business day. ' If any time for giving Noticecontained in this Agreement would otherwise expire on a non -business day, theNotice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United Statesgovernment shall not be regarded as business days. Counsel for Enterprsie andCounsel for TWA may deliver Notice on behalf of Enterprise and the TWArespectively. Any party or other person to whom Notices are to be sent or copiedmay notify the other parties and addressees of any change in name or address towhich Notices shall be sent by providing the same on five ( 5) days written noticeto the parties and addressees set forth herein.

13. Sovereign Immunity. Nothing herein shall be construed as a waiver ofsovereign immunity under section 768.28, F.S., by either the District or TWA.

Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, andlegal holidays recognized by the United States government shall not be regarded as business days. Counsel for Enterprsie and Counsel for TWA may deliver Notice on behalf ofEnterprise and theTWA respectively. Any party or other person to whom Notices are to be sent or copied maynotify the other parties and addressees of any change in name or address to which Notices shall besent by providing the same on five ( 5) days written notice to the parties and addressees set forthherein.

13. Sovereign Immunity. Nothing herein shall be construed as a waiver of sovereignimmunity under section 768. 28, F.S., by either the District or TWA.

14. Miscellaneous: The provisions of the LUA relating to force majeure are herebyamended to include the following: " terrorism and acts of terrorism, whether or not defined asterrorism under federal law."

15. Arm' s Length Transaction. This Agreement has been negotiated fully betweenEnterprise and the TWA as an arm' s length transaction. Both parties participated fully in thepreparation of this Agreement and received the advice ofcounsel. In the case of a disputeconcerning the interpretation of any provision of this Agreement, both parties are deemed to havedrafted, chosen, and selected the language, and the doubtful language will not be interpreted orconstrued against either Enterprise or TWA.

16. Effective Date. This Amendment is effective as of October 1, 2003.

Attest:

Attest:

11

Enterprise Community Development District

Its:

Tohopekaliga Water Authority

Its:

5--

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Selected Financial

InformationUn -audited)

April 2005

2005 Fiscal Year0

OPERATING REVENUE

NON OPERATING REVENUE

TOTAL REVENUE

OPERATING EXPENSES

TOHO WATER AUTHORITY

SUMMARY OF OPERATING ACTIVITIESTOTAL SYSTEM

April 30, 2005

NET REVENUE

TRANSFER FROM WASTEWATER IMPACT FEE FUND

DEBT SERVICE

DEBT SERVICE COVERAGE ( 1)

YTD YTD( 2) 2005 Difference

NA

2005 Actual Actual Actual From Target YTD

Budget April 05 April 04 of Budget Budget Budget

38, 862, 668 23, 312, 603 20,585, 430 59. 99% 1, 986, 700 21, 325, 9031, 089, 000 804, 578 575, 311 73. 88% 169, 364 635, 214

39, 951, 668 1 7, 1, 1 , 7 1 37 0- 3-171-56-764—- 3- 2-1—,T6-1, 117

NOTE:

21, 282, 618 11, 079, 367 10,666,511 52. 06% 979, 364) 12,058, 731

18, 669, 050 13, 037, 814 10, 494, 230 69. 84% 3, 135, 428 9, 902, 386

1, 020, 232 595, 099 595, 138 58. 33% 595, 099

8, 150, 948 4,742, 183 4, 465, 970 58. 18% 12, 265) 4,754, 448

DEBT SERVICE COVERAGE ( 1) 2.42 2. 87 2. 48 NA NA NA

TRANSFERS TO CITY/ COUNTY 3, 671, 064 2, 203, 611 1, 983, 786 60. 03% 62,279 2, 141, 332

REMAINING FUNDS FOR CAPTIAL ACTIVITIES 7, 867, 270 6, 687, 119 4,639, 612 85. 00% 3, 085, 414 3, 601, 705

CITAINED FOR FUTURE CAPTIAL ACTIVITIES 7, 867, 270 6,687, 119 4,639, 612 85. 00% 3, 085,414 3, 601, 705

T FUNDS

NOTE:

1) The required debt service coverage per the bond covenants is 1. 15x.

0

TORO WATER AUTHORITY

MONTHLY OPERATING REPORTTOTAL SYSTEM

April 30, 2005

YTD YTD Year To Date Difference2005 Actual Actual Actual 2005 Actual From Target YTD

Budget Apr 05 Thru Apr 05 Apr 04 ofBudget Budget BudgetOPERATING REVENUE

Water

Water Sales 11, 947,000 1, 058, 227 6,983, 108 6,091, 925 5& 45% 432, 568 6, 550, 540Water Taps 927,000 207, 261 954,554 801, 481 102. 97% 413,835 540, 719Celebration 198, 700 20, 588 120, 514 116, 082 60. 65% 11, 567 108,947Other 47,900 13, 438 82,102 33, 168 171. 40% 54,162 27,940Total Water 13, 120, 600 1,299514 8,140,278 7,042,656 62. 04% 912,132 7, 228, 146

Wastewater

Sewer Sales 22, 545,000 2,030,907 13, 141, 626 11599,483 5& 29% 829,802 12, 311, 825Sewer Taps

260, 000 53, 213 237, 559 202, 038 91.37% 85,901 151, 658Celebration 560, 000 72,597 423, 231 310,256 75. 58% 117,415 305, 816Other

284, 568 40, 364 172,849 169, 059 60. 740/ 6, 860 165, 989Total Wastewater 23,649, 568 2, 197,081 13, 975, 265 12, 280, 836 59. 09% 1, 039,978 12, 935, 287

Reclaimed Water

Reclaimed Water 1, 185,000 80,178 624,284 530, 580 52. 68% 20, 356) 644, 640Reclaimed Water Taps 300,000 22,920 172,793 8 242, 665 57.60% 2, 197) 174, 990Celebration 293, 000 37,128 197, 279 164,381 67. 33% 37, 887 159„ 392Total Reclaimed Water 1, 778, 000 140, 226 994,356 937,626 55.93% 15, 334 979, 022

Other Operating Revenue 314, 500 13,649 202,704 324, 312 64.45% 19,256 183, 448

Total Operating Revenue 38, 862, 668 3,650,470 23, 312, 603 20,585,430 59."% 1, 986,700 21, 325, 903

Non Operating Revenue 1, 089,000 478, 627 804,578 575, 311 73. 88% 169, 364 635,214

otalRevenue 39, 951, 668 S 4,129,097 24, 117, 181 21, 160, 741 60. 37% 2, 156, 064 21, 961, 117

OPERATING EXPENSES

Office of the Director 2,628, 104 181, 853 1, 363, 185 1, 217,621 51.87% 125, 899) 1, 489,084Transmission & Distribution 2,223569 174,830 1, 150,641 1, 155,038 51. 75% 109, 233) 1, 259, 874

Parkway 384, 715 28,027 191, 080 177,198 49. 67% 26, 900) 217, 980Sandhill 754,971 70, 130 419,272 437, 680 55. 53% 8,495) 427, 767Camelot

1, 137, 384 115, 356 600, 128 708, 185 52. 76% 44,314) 644, 442South Bermuda 2, 693,885 245,514 1597,752 1, 314, 872 59.31% 71,397 1, 526, 355

Water Treatment 2, 081, 616 159,509 1,022,184 1, 007, 148 49. 11% 157, 260) 1, 179, 444Sewer Collection 1, 131, 112 56,902 451, 340 448,617 39. 90% 189, 548) 640, 888Laboratory 588, 055 45, 229 313, 172 301, 762 53. 26% 20,020) 333, 192Support Services

880, 767 369, 094 430, 865 41. 91% 129, 949) 499, 043Lift Stations

1, 628, 248 127, 843 867, 067 868, 003 53. 25% 55,498) 922,565

Additional Hurricane Expenses* 89, 196 NA NA NA

Administrative & General 5,150,192 295, 808 2,645,256 2, 599, 522 51. 36% 272, 843) 2, 918, 099

Total Operating Expenses 21, 282, 618 1, 501, 001 11, 079,367 10, 666, 511 52. 06% 979,364) 12, 058, 731

Net Revenue 18,669, 050 2,628,096 13, 037, 814 10,494, 230 69.84% 3, 135,428 9, 902, 386Transfer from Wastewater Impact Fee Fund 1, 020,232 85,020 595, 099 595, 138 5& 33% 595, 099Less( 4)

Debt Service 8,150,948 677, 163 4,742,183 4, 465, 970 5& 18% 12, 265) 4, 754, 448Transfers to City/ County"* 3, 671, 064 221, 622 2, 203,611 1, 983, 786 60. 03% 62, 279 2, 141, 332

Remaining Funds for Capital Activities 7, 867, 270 1, 814, 331 6,687,119 S 4,639,612 85- 00% 3, 085, 414 3, 601, 705

TFS:

ote: Total hurricane expenses summarized in one line item - ( Paid to date $ 368, 696, reimbursements total $ 440, 414 or 119% of recorded expenses and 98% of submitted expenses) Estimated Calculation of Final Transfer

TOHO WATER AUTHORITY - TOHO II

MONTHLY OPERATING REPORT

April 30, 2005

REVENUE

Operating RevenueWater

Wastewater

Reuse

Total Usage Revenue

Other Operating & Non OperatingRevenue

Total Revenue

EXPENSES

Personnel Services

Salaries

Overtime

Other PayBenefits

Total Personnel Services

Operating Expenses by DepartmentWater Plant

Water Transimmision & Distribution

OWastewater Treatment

Lift Stations

Lab

Sewer Collection

Administrative & General

Total Expenses

Net Revenues for Capital Activities

318, 000 $ 150, 319

36, 439

5, 161

1, 457

10, 236

YTD YTD

19, 657

64, 946 30, 578

Target2005 Actual Actual Difference

1, 007

YTD Budget %

Budget Apr 05 of Budget From Budget

60. 47%

Budget Year To Date

5, 971 58. 33%

36. 88% 11, 429)

55, 000 38, 445 69.90% 6, 364 32, 082 58. 33%

72, 000 39,200 54. 44% 2, 798) 41, 998 58. 33%

90, 000 33,324 37. 03% 19, 173) 52, 497 58. 33%

217,000 110, 969 51. 14% 15, 607) 126, 576 58. 33%

101, 000 39, 350 38. 96% 19, 563) 58, 913 58. 33%

318, 000 $ 150, 319

36, 439

5, 161

1, 457

10, 236

12, 760

629

78

6, 190

53, 293 19, 657

64, 946 30, 578

24, 221 2, 608

60, 057 16, 151

750 1, 007

1, 624 520

15, 835 759

20, 873 12, 253

188, 306 $ 63, 876

241, 599 $ 83, 533

76,401 $ 66,786

Other Sources & Uses

Transfers from other Funds( Impact Fees) $ 604, 232 $ 352, 430Debt Service $ 604, 232 $ 352,430

NOTE:

1) Representative of the Town of Harmony budget and actuals only.

47.27% $ ( 35, 170) $ 185, 489 58. 33%

35. 02% 8, 495) 21, 255 58. 33%

12. 19% 2, 381) 3, 010 58. 33%

5. 35%

352, 430

772) 850 58. 33%

60. 47% 219 5, 971 58. 33%

36. 88% 11, 429) 31, 086 58. 33%

47. 08% 7, 305) 37, 883 58. 33%

10. 77% 11, 520) 14, 128 58. 33%

26. 89% 18, 880) 35, 031 58.33% 134. 27% 570 437 58. 33%

32. 02% 427) 947 58. 33%

4. 79% 8, 478) 9, 237 58. 33%

58. 70% 78 12, 175 58. 33%

33. 92% 45, 963) 109, 839 58. 33%

34. 58% $ ( 57, 392) $ 140, 925 58. 33%

87. 42% 22, 221 44, 565 58. 33%

58. 33% 352, 430 58. 33%

58. 33% 352, 430 58. 33%

REVENUE

Operating Revenue

Water

Wastewater

TORO WATER AUTHORITY - TORO III

MONTHLY OPERATING REPORT

April 30, 2005

Total Usage Revenue

Other Operating & Non OperatingRevenue

Total Revenue

EXPENSES

Personnel Services

Salaries

Overtime

Other PayBenefits

otal Personnel Services

erating Expenses by DepartmentDirector

Water Plant

Water Transimmision & Distribution

Wastewater Treatment

Lift Stations

Support Services

Lab

Sewer Collection

Administrative & General

Total Expenses

603, 755

YTD YTD

56. 66% 10, 063)

2005 Actual Actual Difference YTD

Budget Apr 05 of Budget From Budget Budget

47. 12% 2, 511) 13, 062

1929731

2, 540, 000 1, 639, 633 64. 55% 469, 115 1, 170, 518

3, 350, 000 2, 207,065 65.88% 720, 977 1, 486,088

5, 890,000 3, 846, 698 65. 31%

31. 87% 159912)

1, 190,092 2, 656, 606

68,500 5, 184 7. 57% 34, 772) 39, 956

124, 904 23, 207 18. 58%

5, 958, 500 3, 851, 882 64. 65% 1, 159, 720 2, 692, 162

603, 755 3429107 56. 66% 10, 063) 352, 170

47, 308 31, 884 67. 40% 4, 289 27, 595

22,393 10, 551 47. 12% 2, 511) 13, 062

1929731 1439401 74. 40% 30, 981 112, 420

866,187 527, 943 60.95% 22, 696 505, 247

60, 142 19, 169 31. 87% 159912) 35, 081

302, 292 137,227 45. 40% 39, 100) 176, 327

124, 904 23, 207 18. 58% 499650) 72, 857

5379524 293, 449 54. 59% 209089) 313, 538

127, 651 51, 049 39. 99% 23, 410) 74, 459

6, 000 0. 00% 3, 500) 3, 500

10,443 4, 856 46. 50% 1, 235) 6, 091

113, 072 9, 023 7. 98% 56, 932) 65, 955

552, 087 194, 881 35. 30% 127, 151) 322, 032

1, 834, 115 732, 861 39.96% 3369978) 1, 0699839

2, 700,302 $ 1, 260,804 ` 46. 69% $ ( 314, 282) $ 1, 575, 086

Revenues for capital reserves & debt service $ 3, 258, 198 $ 2, 591, 078

Other Uses

Debt Service $ 2, 777, 542 $ 1, 620, 234

111W enues for Capital Expenditures $ 480,656 $ 970, 844

NOTE:

Does not include expenses from the Hurricanes

79. 52% $ 690, 571 $ 1, 900,507

5833% $ $ 1, 620, 234

201. 98% $ 690,477 $ 280, 367

WATER

Residential -Inside City

Commercial -Inside City

Residential - Outside City

Commercial - Outside CitySub total

IRRIGATION

Residential - Inside City


Residential -Outside City


Water Sub total

SEWER


CARercial- Inside Citymm

T06m dential- Outside City

mercial-Outside CitySewer Sub total

Grand Total

0


Water & Sewer Revenue Report

Toho I

April 30, 2005

Apr Apr

Budget Actual Monthly Budget Actual

Months Revenues Difference To Date To Date Difference

96, 841 93, 358 3, 483) 634, 947 635, 978 $ 1, 031

106,000 104, 587 1, 4133 712, 250 683, 695 28, 555)

102, 573 102, 867 294 649, 629 699, 231 49, 602

360, 134 376, 419 16, 285 2, 157, 968 2, 320, 923 162, 955

665, 548 677, 231 11, 683 4, 154, 794 4, 339, 827 185, 033

27, 014 20, 060 6,9543 137, 150 158, 745 $ 21, 595

17, 381 26, 735 9, 354 111, 241 155, 874 44, 633

58, 274 42, 715 15, 559) 373, 240 330, 912 42. 328-- 42, 328]

49, 85549, 855 45, 037 418183 326, 034 319, 672 6, 3623152, 523 134, 547 17, 976) 947, 665 965, 203 17, 538

818, 071 811, 778 6, 293) 5, 102, 459 5, 305, 030 202, 571

279, 586 271, 132 8, 454) 1, 837, 790 1, 793, 854 $ 43, 93()

254, 100 280, 862 26, 762 1, 710, 300 1, 715, 329 5, 029

259, 509 224, 146 35, 363) 1, 634, 382 1, 561, 689 72, 693)

886, 916 930, 970 44, 054 5, 238, 967 5, 824, 489 585, 522

1, 680, 111 1, 707, 110 26, 999 10, 421, 439 10, 895, 361 473, 922

2, 498, 182 2,518,888 20, 706 15, 523, 898 16, 200, 391 $ 676, 493

WATERT

Residential -Inside CityCommercial - Inside City

Residential -Outside City,


IRRIGATION")



Residential - Outside City


Water Sub total

SEWER

Residential -Inside City

9siercial-Inside Citydential- Outside City

Commercial - Outside CitySewer Sub total

Grand Total

TOHOPEKALIGA WATER AUTHORITYWater & Sewer Revenue Comparison Report

Toho I

April 30, 2005

FY 2005 FY 2004

3, 056, 800 $ 3, 173, 240 $ 3, 251, 000

FY 2005

Apr 05 Apr 04 FY 2004 FY 2005

3, 000, 000

EstimatedTo Date To Date Year End Year End Budget Year End

Revenue Revenue ActualEstimatet2)

2005 Difference

635, 978 $ 596, 161 $ 1, 068,563 $ 1, 131, 867 $ 1, 130, 000 1, 867

683, 695 655, 636 1, 180, 741 1, 199, 827 1, 250, 000 50, 173,

699, 231 586, 794 1, 123, 089 1, 269, 084 1, 179, 000 90, 084

2, 320, 923 2, 087, 778 4, 193, 542 4, 357, 105 4, 051, 000 306, 1054, 339, 827 3, 926, 369 7, 565, 935 7, 957, 883 7, 610, 000 347, 883

158, 745 $

155, 874

330, 912

319, 672

965, 203

5, 305, 030

158, 870 $

192, 156

252, 625

306, 776

910, 427

4, 836, 796

335, 946 $

382, 770

562, 385

624, 309

1, 905, 410

9, 471, 345

300, 966 $

285, 865

610, 010

578, 474

1, 775, 315

9, 733, 198

260, 000 $ 204, 000

688, 000

590, 000

1, 742, 000

9, 352, 000

40, 966

81, 865

t-77, 990)

11, 526,

33, 315

381, 198

1, 793, 854 1, 739, 842 $ 3, 056, 800 $ 3, 173, 240 $ 3, 251, 000 7717601

1, 715, 329 1, 752, 682 3, 083, 379 3, 008, 757 3, 000, 000 8, 7571, 561, 689 1, 242, 119 2, 214, 949 2, 798, 851 2, 929, 000 13€3, 149) 5, 824, 489 5, 258, 225 10, 081, 534 11, 054, 398 9, 943, 000 1, 111, 398

10, 895, 361 9, 992, 868 18, 436, 662 20, 035, 246 19, 123, 000 912, 246

16, 200, 391 14, 829, 664 $ 27, 908, 007 $ 29, 768, 444 $ 28, 475, 000 1, 293, 444

I ) water & Irrigation revenues are based on an average of per 1000 gallon charge in each class

2) Based on seasonalized demand for FY 2004 and KUA billing records through April, 2005 { 7 months}. Less FWS and Harmony

0

TORO WATER AUTHORITY

SUMMARY OF OPERATING CAPITAL ACTIVITIESToho I

FISCAL YEAR 2005

As of April 30, 2005

Budgeted

SOURCES: Actual

To Date

r` Beginning Balance of Capital Reserves $ 30, 309, 649 $ 30, 309, 649

FY 05 Net Revenues for Capital Reserve 7, 867, 270 6,687, 119

Total Sources 38, 176, 919 36, 996, 768

USES:

Current Year Capital Projects

Director' s Office*

Field Operations

Capitalized Labor

Treatment

Total FY 2005 Capital Activities

Prior Year Capital Project Carryover

Total Capital Uses

YTD Balance for Future Capital Reserves

Total Uses

2 Million Dollar Admin Bldg to be built using loan

468, 202 283, 410

Operating Fund Toho I

5, 859, 106

Operating Fund Toho II

1, 055, 185

Operating Fund Toho III

122, 463

Water Impact Fund

70, 964

Sewer Impact Fund

4,433, 068

Series 1999 Bond

1, 695, 788

10, 882, 839 3, 105, 347

20,053, 396 2, 365, 525

30,936,235 5, 470, 872

7,240, 684 31, 525, 896

38, 176, 919 36,996, 768

Breakdown ofTotal Capital Spent Year to Date - Thru Apr, 2005Capital Spent

Operating Fund Toho I 5, 470, 872

Operating Fund Toho II 16, 021

Operating Fund Toho III 23, 020

Water Impact Fund 332, 044

Sewer Impact Fund 3, 018, 522

Series 1999 Bond 1, 934, 281

Series 2002 Bond 580, 622

Series 2003A Bond 420, 357

Series 2003B Bond 71, 526

Total Capital Spent YTD FY 2005 11, 867, 265

Toho Water AuthorityApr 30, 2005

Current Staffing

Number pf Number ofPosition Positions Positions Current StatusTitles FY 03104 FY 04105 Filled Open

Division

Director

Executive Director 1 1 1 0

Business Office Manager 0 1 1 0Assistant Directors 2 2 2 0Assistant to the Director 1 1 1 0Financial Analyst 1 1 1 0

Administrative Secretary 1 1 1 0Secretary 2 2 2 0

Safety Coordinator 1 1 1 0

Conservation Coordinator 0 1 0 1Customer Service Advocate 1 1 1 0Customer Service Assistant 1 1 1 0Financial Assistant 1 1 1 0Accounting Technician 1 2 2 0Environmental Specialist 1 1 1 0Senior Engineer 2 2 2 0Professional Engineer 1 1 1 0Engineer 0 1 1 0GIS Technician 1 1 0 1Engineering Technician 2 2 2 0Senior Inspector 1 1 1 0Engineer Assistant 2 3 2 1Construction Inspector 5 5 5 0

Temp Construction Inspector 2 2 2 0

Total For Division 30 35 32 3

Field Operations

Field Operations Superintendent 1 1 1 0

Secretary 2 2 2 0Senior Utility Tech 0 1 0 1Foreman 3 3 2 1Water Meter Technician 4 4 4 0Backflow Technician 1 1 1 0

Heavy Equipment Operators 2 2 2 0Equipment Operators 4 4 4 0Line Technicians 14 14 14 0

Utility Workers 12 12 11 1


Toho Water AuthorityApr 30, 2005

0

Current Staffing

Number Df Number ofPosition Positions Positions Current StatusTitles FY 03/ 04 FY 04/ 05 Filled Open

Treatment

Chief Plant Operator 3 3 3 0Operator g g g 0Operator 10 10 10 0Operator 10 10 10 0Environmental Service Inspector 1 2 2 0Foreman/ Truck Driver 2 2 2 0Equipment Operator II 1 1 1 0Equipment Operator 1 1 1 1 0Utility Worker 1 1 1 0Heavy Equipment Operator 3 3 2 1Lab Supervisor 1 1 1 0Lab Technician 2 2 2 0Environmental Analyst 1 1 1 1 0System Maintenance Supervisor 1 1 1 0System Mechanic 7 7 6 1Electrician 1 1 1 0MIS Specialist 1 1 1 0Secretary 1 1 1 0Lab Tech Assistant 1 1 1 0Electrician/ Instrumentation 1 1 1 0Environmental Assistant 1 1 1 0Mechanic Assistant 3 4 3 1SCADA Administrator 1 1 1 0


Number of Number of

Positions Positions Current StatusDivisions FY 03/04 FY 04/ 05 Filled Open

Total Director 30 35 32 3Total Field Operations 43 44 41 3Total Treatment 62 64 61 3

Grand Total - TWA 135 143 134 9

0

0

WATER

Residential - Inside CityCommercial -Inside CityResidential -Outside CityCommercial -Outside City

Sub total

IRRIGATION

Residential -Inside CityCommercial - Inside CityResidential - Outside CityCommercial -Outside City

Sub total

SEWER

Residential - Inside CityCommercial -Inside CityResidential -Outside CityCommercial -Outside City

Sewer Sub total

WCLAIMMetered

Commercial - Inside CityCommercial -Outside City

Sub Total

Unmetered

Residential -Inside CityCommercial -Inside CityResidential - Outside CityCommerical -Outside City

Sub Total

Reclaim Total

Toho H - HarmonyResidential -Water

Commercial - Water

Sewer

Reclaim

Sub Total

Toho III - FWS

Residential - Water

Commercial - Water

Residential -Irrigation

commercial -Irrigation

Residential - Sewer

Sub Total

TOHOPEKALIGA WATER AUTHORITYBilled Customer Report

April 30, 2005

Ending EndingMonth Month

April 05 April 04 Difference % Difference

14,847 14, 372 475 3. 31%

3, 164 2, 916 248 8.50% 12, 195 10,926 1, 269 11. 61%

6, 409 5, 421 988 18. 23%

36, 615 33, 635 2, 980 8.86%

4, 587 4, 585 2 0. 04%

689 684 5 0.73% 3, 310 2, 800 510 18. 21%

1, 233 1, 059 174 16A3%

9, 819 9, 128 691 7. 57%

14, 694 14, 220 474 3. 33% 2, 800 2,538 262 10. 32%

10, 402 9,323 1, 079 11. 57% 5, 595 4, 710 885 18. 79%

33, 491 30, 791 2, 700 8. 77%

1, 434 856 578 6752%

1, 854 1, 272 582 45.75% 3, 288 2, 128 1, 160 54. 51%

1, 046 1,05371 0. 66%

311 308 3 0. 97% 2, 512 2, 512 0 0. 00%

1, 386 1, 372 14 1. 02%

5, 255 5, 245 10 0. 19%

8,543 7, 373 1, 170 15. 87%

130 49 81 165. 31%

27 37 1101 27. 03% 151 79 72 91. 14%

148 78 70 89.74% 456 243 213 87.65%

9, 622 9, 707 851 0. 88% 415 331 84 25. 38%

1, 663 1, 547 116 7. 50%

112 90 22 24. 44%

8, 228 8, 197 31 0. 38%

20,040 19, 872 168 0. 85%

WATER METER REPORT

APRIL 2005

WATER METER REPORTA& MONTH OF • APP11 gnn

0

WATER Week 1 Week 2 Week 3 Week 4 Week 5* TOTAL3/ 4" SF 72 45 36 99

mi

252

3/ 4" MF 103 50 43 51 2473/4" CP 1 1

1. 0" SF0

1. 0" MF0

1. 0" CP 2 1 1 42. 0" SF

02. 0" MF

02. 0" CP

0TOTAL WATER 177 97 79 151 0 504

IRRIG

3/ 4" SF 16 13 17 45 913/ 4" MF

03/ 4" CP

01. 0" SF

01. 0" MF

01. 0" CP1 12. 0" SF

02.0" MF

02. 0" CP 1 1

TOTAL IRRIG 17 14 17 45 0 93RECLAIM

3/ 4" SF 39 29 16 43 1273/ 4" MF

03/ 4" CP

01. 0" SF

01. 0" MF

01. 0" CP

02. 0" SF

02. 0" MF

02. 0" CP

0TOTAL RECLAIM 39 29 16 43 0 127

3.0" +. 0 0 1 0 0

TOTAL METERSCOMPLETED 233 140 114 239 0 725

0

Ll

April -05 Week 11 Week 2 1 Week 3 1 Week 41 Week 5* 11

10

PENDING METER SETS FROM MARCH 2O05

77 139 130 1273

1806

METER SET TICKETS RECEIVED I1461

METER SET TICKETS COMPLETED

85 1 230-J.''''161 1 622

2331METER SET TICKETS PENDING

140 114 239

111

JE726

17191 1664 1 1-780_[___1702 1 702 1 1702 11

Meter Ticket - Aging

MEMO

Mulitple family meter sets not verified piping not connected) 531 3. 11% Meters not set lots not ready for meter set March 2005 725 42. 6o%

Meters on back) lots ready for meters 924 154. 29% Tn+! nl 17n)

THRU APR 04 THRU APR 05 Diff

TOTAL NEW METER SETS 2, 138 2, 022 0 16)

DAYS

NUMBER OF TICKETS

5 10 15 20 20+ 83 77 139 130 1273 1702

MEMO

Mulitple family meter sets not verified piping not connected) 531 3. 11% Meters not set lots not ready for meter set March 2005 725 42. 6o%

Meters on back) lots ready for meters 924 154. 29% Tn+! nl 17n)

THRU APR 04 THRU APR 05 Diff

TOTAL NEW METER SETS 2, 138 2, 022 0 16)

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