Toho Water Authority 101 North Church Street, 2" d Floor Kissimmee, FL 34741 www. tohowater. com rt.; Board of Supervisors Q tZ Bruce R. Van Meter, Chairman Brian L. Wheeler, Executive Director Mary Jane Arrington, Vice Chairman Mike Davis, Attorney John E. Moody, Supervisor Steve Johnson, Attorney John C. Reich, Supervisor James W. Wells, Supervisor AGENDA JUNE 13, 2007 5: 00 PM 1. 18 1: 9: 0910[ eTiy_l41: 19-jfoxelV7: I 7 2. 110 • • Z = 111111 ' l _ • _ ; 3. 4. 5. I1p] 1.1a[ rlaNr_1GZ10 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. The Board of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non - debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate. A. APPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR BOCA PALMS B. APPROVAL OF MODIFICATION OF THE POINCIANA BLVD PHASE 1 RESIDENT PROJECT REPRESENTATIVE SERVICES SCOPE OF SERVICES TO ALLOW RESIDENT PROJECT REPRESENTATIVE SERVICES ON OTHER PROJECTS CURRENTLY UNDER CONSTRUCTION C. APPROVAL OF CONSTRUCTION CONTRACT WITH GIBBS & REGISTER, INC. FOR IMPROVEMENTS TO LIFT STATION # 6 AND LIFT STATION # 116 D. APPROVAL SURPLUS PORPERTY AUCTION AND ASSET DISPOSAL LIST 8. INFORMATIONAL PRESENTATIONS ( REQUIRING NO ACTION) LANGHAM CONSULTING SERVICES, INC. 9. OLD BUSINESS: A. APPROVAL OF PILOT PROGRAM FOR WATER CONSERVATION STAFFING B. APPROVAL OF RESOLUTION 2007- 009, A RESOLUTION AMENDING THE DEFINITION OF AUTHORIZED DENOMINATIONS SERIES 2007 BONDS CONTAINED IN RESOLUTION NO. 2007- 005 10. NEW BUSINESS: A. REPORT TO THE BOARD OF SUPERVISORS ON THE AUTHORITY' S WATER USE PERMIT TO BE ISSUED BY SOUTH FLORIDA WATER L& L101FACI: I Ul: a k95160019Owl II"• B. APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WETLAND RESTORATION C. APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WATER SUPPLY RESERVOIR PLANNING AND DEVELOPMENT D. A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR THE POINCIANA UTILITY SYSTEM AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE ( RESOLUTION NO. 07- 008) oil CATEGORY: Consent Attachment( s): Developer Service Agreement Amendment APPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR BOCA PALMS Explanation: The Boca Palms project, developed by Calusa Palms Limited Partnership, is located on Thacker Avenue, south of Oak Street and is required to enter into a standard Developer Service Agreement (" DSA") with the Tohopekaliga Water Authority (" TWA") as a condition of water, reuse, and wastewater service. A DSA has been previously fully executed by the Developer and the Authority. After the DSA was executed, it was determined that a water main stubout which previously existed on Thacker Avenue and was to be utilized on this project had been removed with the widening of Thacker Avenue in the early 1990' s. This DSA Amendment acknowledges that the Authority will fund the construction costs to replace this water main connection on Thacker Avenue. The Special Conditions of the DSA Amendment contain one condition which requires: 4. The DEVELOPER shall construct a water main to connect to the on site water main to either the existing water main on Thacker Avenue or the existing water main which serves the fire hydrant located on the property located immediately to the south of the project. Toho will reimburse the DEVELOPER for the entire construction cost for the installation of the portion of this water main located between the south- eastern property boundary of the project and the connection point. a. The DEVELOPER shall provide to Toho construction costs which include: Unit prices for the pipes, fittings, valves, restraint mechanisms, wet taps, directional boring, soils and pipe testing, record drawings, and other accessories and work required for the construction of this portion of the water main. b. The construction costs are to be submitted to TWA for review and approval by staff prior to the start of any construction on said water staff approval of unit prices, TWA shall submit the pricing to the Board of Supervisors or their designee with an approval recommendation. C. Amounts above those previously approved by the Board of Supervisors or their designee require separate approval. Recommendation: Staff recommends approval of the Developer Service Agreement Amendment for the Boca Palms project. C -DSA Amend BocaPalms. 06. 13. 07. ge 7A Amendment to the Toho Water Authority Water and Wastewater System Standard Developer' s Service Agreement OR 3248/ 25/ 2 through 2524. This Amendment ( the " Agreement") is made this day of , by and between Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes ( hereinafter referred to as Toho") and Calusa Palms Limited Partnership ( hereinafter referred to as " Developer") and in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties, the Developer and Toho hereby covenant and agree as follows: 1) The following Special Conditions are mutually agreed upon between the Developer and Toho and are intended to amend, supplement, and add the following conditions to the previously recorded Section 21 Special Conditions section of the Developer' s Service Agreement as recorded in OR 324812512 through 2524 as follows: 4. The DEVELOPER shall construct a water main to connect the on- site water main to either the existing water main on Thacker Avenue or the existing water main which serves the fire hydrant located on the property located immediately to the south of the project. Toho will reimburse the DEVELOPER for the entire construction cost for the installation of the portion of this water main located between the south- eastern property boundary of the project and the connection point. a. The DEVELOPER shall provide to Toho construction costs which include: Unit prices for the pipes, fittings, valves, restraint mechanisms, wet taps, directional boring, soils and pipe testing, record drawings and other accessories and work required for the construction of this portion of the water main. b. The construction costs are to be submitted to TWA for review and approval by staff prior to the start of any construction on said water main. Upon staff approval of unit prices TWA shall submit the pricing to the Board of Supervisors or their designee with an approval recommendation. c. Amounts above those previously approved by the Board of Supervisors or their designee require separate approval. II) All other terms, conditions, and covenants of the Developer' s Service Agreement as recorded in OR 3248 pages 2512 through 2524 shall remain in full force and effect. IN WITNESS WHEREOF, DEVELOPER and TOHO have executed or have caused this Amendment, with the named Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. TOHOPEKAL. IGA WATER AUTHORITY in Bruce R. Van Meter, Chairman Board of Supervisors Attest: John E. Moody, Secretary FOR THE USE AND RELIANCE OF TOHOPEKALIGA WATER AUTHORITY ONLY, APPROVED AS TO FORM. Dated: 20 TWA Attorney Signed, sealed and delivered in the presence of: B J / l li C>Y ..' t o CORPORATE SEAL] x: T: 1DEVELOP120051050134. ge\ AgreementslDSA Ammendment - Boca Palms - REVISE© per May 2007 meeting. doc 2 STATE OF FLORIDA COUNTY OF i% The foregoing instrument was acknowledged before me this l day of by of— tea / u. m a 0 r a uthor t do ,business in theStte of Florida, on behalf of the corporation. He is Personallv known to me or has produced as identification and did ( did not) take an Kimberly M. McAllister f Commission # N ; DD544363 0 vV I a Q Expires June 12, 2008 e ° ® rsrs9rsd Troy a+n • Irrauranca, Inc 96a 300. 7049 STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me this day of 2005, by , of , a authorized to do business in the State of Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did ( did not) take an oath. M CATEGORY: Consent Attachment( s): Scope APPROVAL OF MODIFICATION OF THE POINCIANA BLVD PHASE 1 RESIDENT PROJECT REPRESENTATIVE SERVICES SCOPE OF SERVICES Explanation: On September 27, 2006 the Board approved a Scope of Services from Tetra Tech HAI which provides full time Resident Project Representative ( RPR) services on the Poinciana Blvd Phase 1 project. The RPR Scope of Services provided a total of 2, 000 hours of RPR services. When the RPR Scope of Services was approved by the Board, staff expected the Poinciana Blvd Phase 1 project to be completed during November 2007 per the contract documents. This project is currently nearing completion significantly ahead of schedule with substantial completion expected to occur mid- June 2007. This early completion will leave approximately 310 hours of RPR services available under the RPR Scope of Services contract. This agenda item proposes that the remaining hours on the RPR Scope of Services be utilized on other Authority projects which are currently under construction once the Poinciana Blvd Phase 1 project is complete. The remaining 310 RPR hours left from the Poinciana Blvd contract will not be exceeded without prior approval by the Board or their designee.