AGENDA Thomas White WEDNESDAY, JUNE 27, 2018 Chair, Ex … and Meetings... · 2018. 6. 21. · operation of the MIEX resin water treatment system at the Harmony Water Treatment Plant

951 Martin Luther King Boulevard, Kissimmee, FL

www.tohowater.com 407.944.5000

AGENDA WEDNESDAY, JUNE 27, 2018

5:00 PM

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

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

7A. REQUEST APPROVAL OF THE TWA BOARD OF SUPERVISORS REGULAR MEETING OF JUNE 13, 2018 (DIAZ/WHEELER)

7B. REQUEST APPROVAL OF AMENDMENT #1 TO AGREEMENT

WITH MOORE STEPHENS LOVELACE, PA FOR AUDITING SERVICES (RFP-15-056) (HOLMES)

7C. REQUEST APPROVAL TO AWARD SIDEWALK, CURB,

PAVEMENT AND GUTTER REPAIR SERVICES TO CM ENGINEERING SERVICES FLORIDA PLLC, PRIMARY, AND WW DANIELS COMPANY, ALTERNATE (IFB-18-080) (HOLMES)

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

http://www.tohowater.com/

7D. REQUEST APPROVAL OF THE REMAINING FY2018 SPONSORSHIP REQUESTS (COX)

7E. REQUEST APPROVAL OF THE AGREEMENTS WITH NORTH

AMERICAN CRANE & RIGGING, LLC AS THE PRIMARY CONTRACTOR AND SIMS CRANE & EQUIPMENT COMPANY AS THE SECONDARY CONTRACTOR FOR MOBILE CRANE AND OPERATOR RENTAL (IFB-18-074) (HOLMES)

7F. REQUEST APPROVAL OF THE FLORIDA DEPARTMENT OF

ECONOMIC OPPORTUNITY GRANT APPLICATION SIGNATURE AUTHORIZATION (EVERSOLE)

8. Informational Presentations 9. Unfinished Business

10. New Business 11. Staff Report:

11A. OPERATIONS LEVEL OF SERVICES QUARTERLY PRESENTATION 2FQ18 (NIPPER)

11B. ENGINEERING LEVEL OF SERVICES QUARTERLY

PRESENTATION 2FQ18 (PELHAM) 11C. FINANCIAL REPORT FOR MAY 2018 (FIGUEROA)

Board of Supervisors Regular Meeting Minutes

Wednesday, June 13, 2018

Present: Chair Ex-officio Tom White Secretary Clarence Thacker Supervisor Domingo Sanchez Supervisor John Lambert Supervisor Skip Stellfox

Executive Director Brian L Wheeler Deputy Executive Director Mike Sweeney Executive Assistant Nilsa C Diaz Osceola County Commissioner Peggy Choudhry

Absent: Kissimmee City Commissioner Wanda Rentas, Polk County Commissioner Todd Dantzler

1. Meeting called to order by: Chair Ex-officio Tom White

Time: 5:00 PM

2. After a Moment of Silent Reflection, Supervisor Lambert led the attendees in the Pledge of Allegiance.

3. Approval of Agenda: Supervisor John Lambert moved for approval of the Agenda as published and Supervisor Clarence Thacker seconded the motion. Motion passed 5 to 0.

4. Awards and Presentations

5. Public Hearing

6. Hear the Audience

7. Consent Agenda: Supervisor Clarence Thacker moved for approval of the Consent Agenda and Supervisor John Lambert seconded the motion. Motion passed 5 to 0.

7A. REQUEST APPROVAL OF THE TWA REGULAR MEETING MINUTES OF MAY 23, 2018 (DIAZ/WHEELER) 7B. REQUEST APPROVAL OF THE AGREEMENTS WITH T.V. DIVERSIFIED, LLC AS THE PRIMARY CONTRACTOR AND CONCRETE CONSERVATION, INC. AS THE SECONDARY CONTRACTOR FOR WET WELL COATING SERVICES (IFB-18-064) (HOLMES) 7C. REQUEST APPROVAL OF THE JUNE ASSET DISPOSAL (HOLMES)



7D. REQUEST APPROVAL OF THE AGREEMENT WITH AARON’S BACKFLOW SERVICES, INC. AND A-Z BACKFLOW SERVICES, INC. FOR THE WATER METER BACKFLOW PREVENTION TESTING AND REPAIRS (IFB-18-038) (H0LMES)

8. Informational Presentations:

9. Unfinished Business: 9A. REQUEST APPROVAL FOR THE EXECUTIVE DIRECTOR TO EXECUTE A TOLLING AGREEMENT WITH IXOM TO PROVIDE TIME TO NEGOTIATE A SETTLEMENT RELATED TO THE PERFORMANCE OF THE MIEX WATER TREATMENT SYSTEM AT THE HARMONY WATER TREATMENT PLANT (WTP) (BEATTY) – Brian Wheeler, Executive Director, reviewed the history of the selection, installation and operation of the MIEX resin water treatment system at the Harmony Water Treatment Plant. The MIEX system was selected to remove hydrogen sulfide and dissolved organic carbon from the water to reduce disinfection by-product levels to below regulatory requirements. The system began operation in 2013 but has failed to meet its performance guarantees to date. IXOM, the supplier of the MIEX system, has attempted to resolve the performance problems over the past several years unsuccessfully. Staff is proceeding with the assistance of a consultant to resolve the treatment performance through added treatment systems. Based on the performance guarantee by IXOM for the MIEX system, Staff is looking to the company to contribute to the cost of the fix for the system. There have been initial discussions with IXOM on the company’s liability and participation in a solution. Staff had discussions with outside legal counsel, Mr. Fred Springer, Bryant Miller Olive, concerning a potential claim against IXOM and was advised of the five year statute of limitations to file a claim for non-performance of equipment. Because the MIEX was installed in August 2013, the statute of limitations period will end August of this year. Upon the advice of outside counsel, TWA requested IXOM to sign a Tolling Agreement which suspends the statute of limitations for the period of the agreement. The proposed tolling period was for one year but IXOM asked that the tolling period be reduced to 4 months, terminating on September 28, 2018, as an incentive to expedite settlement negotiations. Supervisor Clarence Thacker inquired if Staff knew how much TWA has had to spend and Mr. Wheeler responded that he had an idea and that will all be part of the discussions to take place prior to July 31, 2018. Supervisor Thacker moved for approval of the Tolling Agreement with IXOM and Supervisor Skip Stellfox seconded the motion. Motion passed 5 to 0. 9B. UPDATE OF THE STATUS OF IMPLEMENTING THE DEVELOPMENT SERVICES PROCESS IMPROVEMENT RECOMMENDATIONS (SWEENEY) –



Alan Pennington, from the Matrix Consulting Group, provided the Board with a summary of the findings of the follow up study to the original Development Services Process Improvement Study which was conducted in 2015. A copy of the full report was provided to the Board as an attachment to the agenda. Findings from the follow up study confirmed that TWA staff have implemented the majority of the recommendations from the original study and stakeholders acknowledge significant improvement in service. Mr. Pennington reported that substantial progress has been made and that issues raised by stakeholders during the follow up study were minor compared to the significant issues voiced during the original study. Several members of the Board commented on the positive results and acknowledged the staff efforts in improving service levels.

10. New Business: 10A. RESOLUTION NO. 2018-003 RELATING TO CROSS-CONNECTION CONTROL MANUAL (BASHAM) – Brian Wheeler, Executive Director, reported to the Board that the Field Services Department prepared a new Cross Connection Control Manual for implementation of the Authority’s cross-connection control program to comply with the requirements of the regulations of the Florida Administrative Code. Supervisor Thacker asked for whom the manual was to apply, customers or staff? Executive Director Wheeler responded that the manual was applicable to both customers and staff. TWA has assumed the ownership and maintenance and testing responsibility for residential backflow preventers. Supervisor Clarence Thacker moved for approval of Resolution 2018-003 and Supervisor John Lambert seconded the motion. Motion passed 5 to 0.

11. Staff Reports: 11A. CUSTOMER SERVICE KEY PERFORMANCE INDICATORS (KPI) REPORTS FOR THE SECOND FISCAL QUARTER 2018 (HEWITT) – Mary Hewitt, Customer Service Director, gave a PowerPoint presentation summarizing the performance of Customer Service with respect to their key performance indicators for the second quarter of FY2018. During her presentation, Ms. Hewitt fielded questions from the Board. 11B. FIELD SERVICES KEY PERFORMANCE INDICATORS (KPI) REPORTS FOR THE SECOND FISCAL QUARTER 2018 (BASHAM) – Gary Basham, Director of Field Services, gave a PowerPoint presentation summarizing the performance of Field Services with respect to their key performance indicators for the second quarter of FY2018. Mr. Basham fielded questions from the Board.

12. Board Attorney

13. Board Officials:

Executive Director Wheeler informed the Board that two workshop sessions needed to be scheduled for July; one for interviews of candidates for the Executive Director position and the second to review the Capital Budget proposal. The Board agreed upon dates for workshops of Monday July 2nd and Monday July 16th. Discussion followed concerning the scheduling of a workshop for the next phase of the Strategic Plan development. One potential date discussed was using the August 8th Board meeting date as a date for the workshop meeting to be held before the regular meeting.

14. Adjournment:

There being no further business to come before the Board, Chair, Ex-officio White adjourned the meeting at 5:49 PM. Approved: _______________________________________ Tom E. White, Chair, Ex-officio Attest: _______________________________________ Clarence L. Thacker, Secretary ncd

Board Meeting Date: 6/13/2018

Category: Consent Agenda Agenda Item: 7B

Department: Procurement Services Attachments: Amendment#1 to the Agreement with Moore Stephens Lovelace, P.A. for Auditing Services Title: APPROVAL OF AMENDMENT #1 TO AGREEMENT WITH MOORE STEPHENS LOVELACE, PA FOR AUDITING SERVICES (RFP-15-056) Summary: In July 2015, TWA awarded Moore Stephens Lovelace, PA an agreement to provide auditing services for three years in the amount of $50,000 annually. The contract included conducting a financial audit, single audit and issuing reports for the fiscal years of 2015, 2016, and 2017. The contract also contained two (2) additional one (1) year renewal options after the first three years.

According to the Business Services Division, Moore Stephens Lovelace, PA, (MSL) has performed satisfactorily. Therefore, renewal option #1 is requested for MSL to continue providing auditing services. MSL has agreed to provide the services for the same price and under the same terms and conditions as stated in the original agreement.

Total Costs: $50,000 annually

Recommended Action: Staff recommends approval of the Amendment #1 with Moore Stephens Lovelace, P.A. for the provision of auditing services. Initials:RKN/RH

AMENDMENT #1

TO THE AGREEMENT BETWEEN

TOHOPEKALIGA WATER AUTHORITY

AND MOORE STEPHENS LOVELACE, P.A.

THIS AMENDMENT is made and entered between Tohopekaliga Water Authority, 951

Martin Luther King Boulevard, Kissimmee, Florida 34741 (hereinafter referred to as the

“AUTHORITY”) and Moore Stephens Lovelace, P.A., 255 S. Orange Avenue, Suite 600, Orlando,

Florida 32801 (hereinafter referred to as the “CONTRACTOR”).

W I T N E S S E T H:

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

CONTRACTOR to continue to provide auditing services on an as-needed basis as further

described in the Agreement RFP-15-056, approved on July 20, 2015, between the AUTHORITY

and the CONTRACTOR; and

WHEREAS, pursuant to Section 24, titled “Modification,” the covenants, terms and

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

by the parties; and

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

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

contained herein, the parties agree as follows:

1. Section 1, titled “Term” is hereby amended to read as follows:

SECTION 1. TERM

The term of this Agreement is hereby amended to extend through July 21, 2019,

and may be extended an additional year upon mutual agreement of both parties

when in the best interest of the AUTHORITY.

2. Section 5, titled “COMPENSATION,” is hereby amended to read as follows:

SECTION 5. COMPENSATION

A. The amount to be paid under this Agreement shall not exceed Fifty

Thousand Dollars annually for a total not to exceed amount of Two Hundred

Thousand Dollars for the term of the agreement.

B. Compensation for services completed by the Contractor will be paid in

accordance with section 218.70, Florida Statutes, Florida's Prompt Payment

Act.

C. Services to be performed in accordance with this Agreement are subject to the annual appropriation of funds by TWA. In its sole discretion, TWA reserves the

right to forego use of the Contractor for any project which may fall within the

Scope of Services listed herein. In the event TWA is not satisfied with the

services provided by the Contractor, TWA will hold any amounts due until such

time as the Contractor has appropriately addressed the problem.

3. Section 12, titled “Public Records Compliance” is hereby amended.

A. If the Contractor has questions regarding the application of

Chapter 119, Florida Statutes, to the Contractor’s duty to

provide public records relating to this Agreement, contact

the custodian of public records at the following:

Records Retention

951 Martin Luther King Blvd.

Kissimmee, Florida 34741

(407) 944-5032

[email protected]

B. The CONTRACTOR understands that by virtue of this

Agreement all of its documents, records and materials of any

kind, relating to the relationship created hereby, shall be open to

the public for inspection in accordance with Florida law. If

CONTRACTOR shall act on behalf of the AUTHORITY, as

provided under section 119.011(2), Florida Statutes, as amended,

the CONTRACTOR, subject to the terms of section 287.058(1)

(c), Florida Statutes, as amended, and any other applicable legal

and equitable remedies, shall:

1) Keep and maintain public records that ordinarily and

necessarily would be required by the AUTHORITY in

order to perform the service; and

2) Provide the public with access to public records on the

same terms and conditions that the AUTHORITY would

provide the records and at a cost that does not exceed the

cost provided by Florida law; and

3) Ensure that public records that are exempt or confidential

and exempt from public records disclosure requirements

are not disclosed except as authorized by law; and

mailto:[email protected]

4) Meet all requirements for retaining public records and

transfer, at no cost, to the AUTHORITY all public records

in possession of the CONTRACTOR upon termination of

the contract and destroy any duplicate public records that

are exempt or confidential and exempt from public records

disclosure requirement. All records stored electronically

must be provided to the AUTHORITY in a format that is

compatible with the information technology systems of the

AUTHORITY; and

5) If the CONTRACTOR does not comply with a public

records request, the AUTHORITY shall enforce the

contract provisions in accordance with the Agreement.

4. Section 33, titled “Project Managers” is hereby added.

SECTION 33. PROJECT MANAGERS

The AUTHORITY and the CONTRACTOR have identified individuals as

Project Managers, listed below, who shall have the responsibility for managing

the work performed under this Agreement. The person or individual identified

by the CONTRACTOR to serve as its Project Manager for this Agreement, or

any replacement thereof, is subject to prior written approval and acceptance by

the AUTHORITY. If the AUTHORITY or CONTRACTOR replace their

current Project Manager with another individual, an amendment to this

agreement shall not be required. The AUTHORITY will notify the

CONTRACTOR, in writing, if the current AUTHORITY Project Manager is

replaced by another individual.

A. The AUTHORITY Project Manager’s contact information is as follows:

Rodney Henderson, Director

Business Services

Toho Water Authority



(407) 944-5135

[email protected]

B. The CONTRACTOR Project Manager’s contact information is as follows:

William Blend, CPA, CFE

Engagement Shareholder

Moore Stephens Lovelace


255 S. Ornage Ave., Ste., 600

Orlando, FL 32801

407-740-5400

[email protected]

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

parties.

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

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

between this Amendment and the original Agreement or any prior

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

prevail.

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

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

MOORE STEPHENS LOVELACE, PA

By: ____________________________

Print Name: _____________________

Title: ___________________________

Attest: __________________________

Print Name: ______________________

Address: ________________________

_______________________________

TOHOPEKALIGA WATER

AUTHORITY

By: ____________________________

Print Name: Tom White

Title: Chair, Ex-Officio

Attest: __________________________

Print Name: ______________________

Address: 951 Martin Luther King Blvd,


STATE OF ________________

COUNTY OF ______________

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

____________________ as ____________________ of Moore Stephens Lovelace, P.A. , who

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

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

______________________

Notary Public, State of __________

(Stamp)



Category: Consent Agenda Agenda Item: 7C

Department: Procurement Services Attachments: Agreements with CM Engineering Services Florida PLLC and WW Daniels Company Title: APPROVAL TO AWARD SIDEWALK, CURB, PAVEMENT AND GUTTER REPAIR SERVICES TO CM ENGINEERING SERVICES FLORIDA PLLC, PRIMARY, AND WW DANIELS COMPANY, ALTERNATE (IFB-18-080) Summary: On May 4, 2018, Procurement Services issued an Invitation for Bid (IFB-18-080) for sidewalk, curb, and gutter repair services. These services are required mostly for the Field Services Department to restore areas where staff have completed infrastructure projects. The services could include any of the following tasks:

• construction of new sidewalks • removal and replacement of existing asphalt and associated base • removal and replacement of existing sidewalks • pouring or repair of concrete slabs, pathways or structures • construction of new or repair of existing roadway curb and gutter • construction of curb cuts and handicap ramps • construction of handrails • construction of gravity walls and headwalls • demolition and removal of construction debris • general grading and sodding • maintenance of traffic • payment of permits

All work includes mobilization, labor, permits, materials, supplies, equipment, and necessary services to complete the tasks mentioned above. These services are for restoration work required after repairs are made to infrastructure by TWA crews.

IFB-18-080 was opened on May 24, 2018 with four (4) firms responding.


Category: Consent Agenda Agenda Item: 7C

Bidder Extended Price

CM Engineering Services Florida, PLLC $1,109,190.00 Asphalt 365 Incorporated $1,118,757.00

WW Daniels Company $1,178,020.00 Central Concrete Products, Inc. $1,424,670.00

CM Engineering Services PLLC is the current provider of curb and sidewalk restoration services. The Field Services Department has found that CM Engineering Services PLLC has provided satisfactory services. The second lowest bidder was unable to demonstrate experience working with lime rock base, hot mix, or cold mix. They were also unable to demonstrate experience providing maintenance of traffic or concrete curbing. The third lowest bidder, W. W. Daniels Co. has performed all of the services specified in the bid to TWA in previous years. Therefore, TWA requests to award CM Engineering Services, PLLC, the lowest bidder meeting the specifications, as one contractor and to W. W. Daniels Co., the third ranked bidder by total, as a second contractor. Due to the large volume of restoration work required by TWA, half of the zones will be awarded to one contractor and half the zones will be awarded to the other contractor.

Total Cost: Approximately $1,125,000 annually

Recommended Action: Staff recommends approval to award the curbs, sidewalk, and gutter repairs agreement to CM Engineering Services Florida PLLC and WW Daniels Company. Initials: FH

IFB-18-080

AGREEMENT

SIDEWALK, CURB, AND GUTTER REPAIR SERVICES

THIS AGREEMENT is made and entered between Tohopekaliga Water Authority, an

independent special district established and created pursuant to Chapter 189, Florida Statutes, by

special act of the Florida Legislature, 951 Martin Luther King Boulevard, Kissimmee, Florida

34741 (hereinafter referred to as the “AUTHORITY” or “TWA”) and W. W. Daniels Co., 311

Lake Markham Road, Sanford, Florida 32771 (hereinafter referred to as the “CONTRACTOR”).


WHEREAS, the AUTHORITY has competitively solicited for the sidewalk, curb, and

gutter repair services pursuant to IFB-18-080; and

WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is

capable of providing the required services and is awarded as the alternate Contractor; and

WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based

on said solicitation;



SECTION 1. TERM.

The term of this Agreement shall become effective on July 16, 2018 and continue through

July 15, 2020. The contract may be renewed, subject to written notice of agreement, for two (2)

additional one (1) year periods.

SECTION 2. SCOPE OF SERVICES.

The Contractor shall provide services and accessories listed in Exhibit ‘C,’ which is

attached hereto and incorporated herein.

SECTION 3. OBLIGATIONS OF THE CONTRACTOR.

Obligations of the CONTRACTOR shall include, but not be limited to, the following:

A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools,

materials, permits, equipment, transportation, supervision, and any and all other

items or services, of any type whatsoever, which are necessary to fully complete

and deliver the services requested by the AUTHORITY, and shall not have the

authority to create, or cause to be filed, any liens for labor and/or materials on, or

against, the AUTHORITY, or any property owned by the AUTHORITY. Such

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lien, attachment, or encumbrance, until it is removed, shall preclude any and all

claims or demands for any payment expected by virtue of this Agreement.

B. The CONTRACTOR will ensure that all of its employees, agents, sub-contractors,

representatives, volunteers, and the like, fully comply with all of the terms and

conditions set herein, when providing services for the AUTHORITY in accordance

herewith.

C. The CONTRACTOR shall be solely responsible for the means, methods,

techniques, sequences, safety programs, and procedures necessary to properly and

fully complete the work set forth in the Scope of Services.

D. The CONTRACTOR shall maintain an adequate and competent staff, and remain

authorized to do business within the State of Florida. The CONTRACTOR may

subcontract the services requested by the AUTHORITY, with prior written

approval from AUTHORITY; however, the CONTRACTOR is fully responsible

for the satisfactory completion of all subcontracted work.

SECTION 4. STANDARD OF CARE.

A. The CONTRACTOR has represented to the AUTHORITY that it possesses a level

of knowledge, experience, and expertise that is commensurate with firms in the

areas of practice required for the services to be provided. By executing this

Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that

degree of care, knowledge, skill, and ability as any other similarly situated

contractor possessing the degree of skill, knowledge, experience, and expertise

within the local area, working on similar activities. The CONTRACTOR shall

perform the services requested in an efficient manner, consistent with the

AUTHORITY’s stated scope of services and industry standards.

B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub-

contractors, representatives, volunteers, and the like, shall be bound by the same

standards of conduct as stated above.

SECTION 5. COMPENSATION.

A. The amount to be paid under this Agreement for acceptable performance of

sidewalk, curb, and gutter repair shall be in accordance with the unit prices listed

in Exhibit ‘C’ attached hereto.

B. Compensation for services completed by the CONTRACTOR will be paid in

accordance with section 218.70, Florida Statutes, Florida’s Prompt Payment Act.

C. Services to be performed in accordance with this Agreement are subject to the

annual appropriation of funds by the AUTHORITY. In its sole discretion, the

AUTHORITY reserves the right to forego use of the CONTRACTOR for any

project which may fall within the Scope of Services listed herein. In the event the

3

AUTHORITY is not satisfied with the services provided by the CONTRACTOR,

the AUTHORITY will hold any amounts due until such time as the

CONTRACTOR has appropriately addressed the problem.

SECTION 6. TERMINATION.

The AUTHORITY may terminate this Agreement, with or without cause, given thirty (30)

days written notice to CONTRACTOR prior to the effective date of such cancellation.

SECTION 7. PAYMENT WHEN SERVICES ARE TERMINATED.

A. In the event of termination of this Agreement by the AUTHORITY, and not due to

the fault of the CONTRACTOR, the AUTHORITY shall compensate the

CONTRACTOR for all authorized services performed prior to the effective date of

termination.

B. In the event of termination of this Agreement due to the fault of the

CONTRACTOR, or at the written request of the CONTRACTOR, the

AUTHORITY shall compensate the CONTRACTOR for all authorized services

completed, prior to the effective date of termination, which have resulted in a usable

product or otherwise tangible benefit to the AUTHORITY. All such payments shall

be subject to an off-set for any damages incurred by the AUTHORITY resulting

from any delay occasioned by early termination. This provision shall in no way be

construed as the sole remedy available to the AUTHORITY in the event of breach

by the CONTRACTOR.

SECTION 8. INSURANCE.

A. The CONTRACTOR shall maintain the following types of insurance, with the

respective limits, and shall provide proof of same to the AUTHORITY, in the form of

a Certificate of Insurance prior to the start of any work hereunder:

1. Worker’s Compensation: The CONTRACTOR shall provide Worker’s

Compensation coverage for all employees at the site location and in the case any

work is subcontracted, shall require the subcontractor to provide Worker’s

Compensation for all its employees. The limits shall be statutory for Worker’s

Compensation and $1,000,000.00 for Employer’s Liability.

2. Comprehensive General Liability: The CONTRACTOR shall provide for all

operations including, but not limited to Contractual and Products Completed

Operations. The limits shall not be less than $1,000,000.00.

3. Comprehensive Automobile Liability: The CONTRACTOR shall provide

coverage for all owned and non-owned vehicles for limits not less than

$1,000,000.00.

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4. Umbrella Liability: The CONTRACTOR shall provide an umbrella policy in

excess to the coverage’s provided for in the above paragraphs of not less than

$1,000,000.00.

B. The CONTRACTOR shall name “Toho Water Authority” as a certificate holder and as

additional insured, to the extent of the services to be provided hereunder, on all required

insurance policies, and provide the AUTHORITY with proof of same.

C. The CONTRACTOR, and any authorized sub-contractor(s), shall provide the

AUTHORITY’s Procurement Services with a Certificate of Insurance evidencing such

coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated

and show:

1. The name of the insured CONTRACTOR;

2. The specified job by name and job number;

3. The name of the insurer;

4. The number of the policy;

5. The effective date;

6. The termination date; and

7. A statement that the insurer will mail notice to the AUTHORITY at least thirty

(30) days prior to any material changes in the provisions or cancellation of the

policy.

D. Receipt of certificates or other documentation of insurance or policies or copies of

policies by the AUTHORITY, or by any of its representatives, which indicates less

coverage than is required, does not constitute a waiver of the CONTRACTOR’s

obligation to fulfill the insurance requirements specified herein.

E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the

duties contained in the Scope of Services of this Agreement, maintain the same insurance

requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of

same on file and made readily available upon request by the AUTHORITY.

SECTION 9. AUTHORITY OBLIGATIONS.

At the CONTRACTOR’s request, the AUTHORITY agrees to provide, at no cost, all

pertinent information known to be available to the AUTHORITY to assist the CONTRACTOR in

providing and performing the required services.

SECTION 10. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT.

The following documents are hereby incorporated and made part of this Agreement:

1. Exhibit ‘B’ – Solicitation document IFB-18-080

2. Exhibit ‘C’ – Original proposal submitted by Contractor including price

schedule

5

SECTION 11. APPLICABLE LAW, VENUE, JURY TRIAL.

The laws of the State of Florida shall govern all aspects of this Agreement. In the event it

is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in

Osceola County, Florida. The parties hereby waive their right to trial by jury in any action,

proceeding or claim, arising out of this Agreement, which may be brought by either of the parties

hereto.

SECTION 12. PUBLIC RECORDS COMPLIANCE.

A. If the Contractor has questions regarding the application of Chapter

119, Florida Statutes, to the Contractor’s duty to provide public records

relating to this Agreement, contact the custodian of public records at the

following:

Records Retention



(407) 944-5032

[email protected]

B. The CONTRACTOR understands that by virtue of this Agreement all

of its documents, records and materials of any kind, relating to the

relationship created hereby, shall be open to the public for inspection

in accordance with Florida law. If CONTRACTOR shall act on behalf

of the AUTHORITY, as provided under section 119.011(2), Florida

Statutes, as amended, the CONTRACTOR, subject to the terms of

section 287.058(1) (c), Florida Statutes, as amended, and any other

applicable legal and equitable remedies, shall:

1) Keep and maintain public records that ordinarily and necessarily

would be required by the AUTHORITY in order to perform the

service; and

2) Provide the public with access to public records on the same

terms and conditions that the AUTHORITY would provide the

records and at a cost that does not exceed the cost provided by

Florida law; and

3) Ensure that public records that are exempt or confidential and

exempt from public records disclosure requirements are not

disclosed except as authorized by law; and

4) Meet all requirements for retaining public records and transfer,

at no cost, to the AUTHORITY all public records in possession


6

of the CONTRACTOR upon termination of the contract and

destroy any duplicate public records that are exempt or

confidential and exempt from public records disclosure

requirement. All records stored electronically must be provided

to the AUTHORITY in a format that is compatible with the

information technology systems of the AUTHORITY; and

5) If the CONTRACTOR does not comply with a public records

request, the AUTHORITY shall enforce the contract provisions

in accordance with the Agreement.

SECTION 13. INDEPENDENT CONTRACTOR.

This Agreement does not create an employee/employer relationship between the parties. It

is the parties’ intention that the CONTRACTOR, its employees, sub-contractors, representatives,

volunteers, and the like, will be an independent contractor and not an employee of the

AUTHORITY for all purposes, including, but not limited to, the application of the following, as

amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal

Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the

provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State

of Florida workers’ compensation laws, the State of Florida unemployment insurance laws, and

the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute

discretion in the judgment of the manner and means of carrying out the CONTRACTOR’s

activities and responsibilities hereunder.

SECTION 14. APPLICABLE LICENSING.

The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local

licenses, occupational and otherwise, required to successfully providing the services set forth

herein.

SECTION 15. COMPLIANCE WITH ALL LAWS.

The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial

decisions, orders, and regulations of federal, state, AUTHORITY, and municipal governments, as

well as their respective departments, commissions, boards, and officers, which are in effect at the

time of execution of this Agreement or are adopted at any time following the execution of this

Agreement.

SECTION 16. INDEMNIFICATION.

The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses

incurred, by the AUTHORITY, caused by the acts and/or omissions of the CONTRACTOR, or

any of its employees, agents, sub-contractors, representatives, volunteers, or the like. The

CONTRACTOR agrees to indemnify, defend and hold the AUTHORITY harmless for any and all

claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs,

expert witnesses, consultation services and attorney’s fees, arising from any and all acts and/or

7

omissions of the CONTRACTOR, or any of its employees, agents, sub-contractors,

representatives, volunteers, or the like. Said indemnification, defense, and hold harmless actions

shall not be limited by any insurance amounts required hereunder.

SECTION 17. SOVEREIGN IMMUNITY.

The AUTHORITY expressly retains all rights, benefits and immunities of sovereign

immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth

in any section, article or paragraph of this Agreement to the contrary, nothing in this Agreement

shall be deemed as a waiver of sovereign immunity or limits of liability which may have been

adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on

the amount and liability of AUTHORITY for damages, attorney fees and costs, regardless of the

number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the

Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party

for the purpose of allowing any claim against the AUTHORITY which would otherwise be barred

under the Doctrine of Sovereign Immunity or operation of law.

SECTION 18. BANKRUPTCY OR INSOLVENCY.

If the CONTRACTOR shall file a Petition in Bankruptcy, or if the same shall be adjudged

bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall

be appointed in any proceeding brought by or against the CONTRACTOR, or if the

CONTRACTOR shall make an assignment for the benefit of creditors, or proceedings shall be

commenced on or against the CONTRACTOR’s operations of the premises, the AUTHORITY

may terminate this Agreement immediately notwithstanding the notice requirements of Section 6

hereof.

SECTION 19. BINDING EFFECT.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their

heirs, personal representatives, successors, and/or assigns.

SECTION 20. ASSIGNMENT.

This Agreement shall only be assignable by the CONTRACTOR upon the express written

consent of the AUTHORITY.

SECTION 21. SEVERABILITY.

All clauses found herein shall act independently of each other. If a clause is found to be

illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is

understood by the parties hereto that if any part, term, or provision of this Agreement is by the

courts held to be illegal or in conflict with any law of the State of Florida or the United States, the

validity of the remaining portions or provisions shall not be affected, and the rights and obligations

of the parties shall be construed and enforced as if the Agreement did not contain the particular

part, term, or provision held to be invalid.

SECTION 22. WAIVER.

8

Failure of the parties to insist upon strict performance of any of the covenants, terms,

provisions, or conditions of this Agreement, or to exercise any right or option herein contained,

shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,

provision, condition, or right of election, but same shall remain in full force and effect.

SECTION 23. NOTICE.

The parties hereto agree and understand that written notice, mailed or delivered to the last

known mailing address, shall constitute sufficient notice to the AUTHORITY and the

CONTRACTOR. All notices required and/or made pursuant to this Agreement to be given to the

AUTHORITY and the CONTRACTOR shall be in writing and given by way of the United States

Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:

AUTHORITY: Toho Water Authority

Attention: Procurement Services (Warehouse)

1628 S. John Young Parkway


CONTRACTOR: W.W. Daniels Co.

PO Box 953725

Lake Mary, Florida 32795-3725

SECTION 24. MODIFICATION

The covenants, terms, and provisions of this Agreement may be modified by way of a

written instrument, mutually accepted by the parties hereto. In the event of a conflict between the

covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the

provisions of the latest executed instrument shall take precedence.

SECTION 25. HEADINGS.

All headings of the sections, exhibits, and attachments contained in this Agreement are for

the purpose of convenience only and shall not be deemed to expand, limit or change the provisions

contained in such sections, exhibits, and attachments.

SECTION 26. ADMINISTRATIVE PROVISIONS.

In the event the AUTHORITY issues a purchase order, memorandum, letter, or any other

instrument addressing the services, work, and materials to be provided and performed pursuant to

this Agreement, it is hereby specifically agreed and understood that any such purchase order,

memorandum, letter, or other instrument is for the AUTHORITY's internal purposes only, and any

and all terms, provisions, and conditions contained therein, whether printed or written, shall in no

way modify the covenants, terms, and provisions of this Agreement and shall have no force or

effect thereon.

SECTION 27. CONFLICT OF INTEREST.

The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any

company or person, other than a bona fide employee working solely for the CONTRACTOR, to

9

solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any

person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any

other consideration, contingent upon or resulting from the award or making of this Agreement.

For the breach or violation of this Paragraph, the AUTHORITY shall have the right to terminate

this Agreement immediately, without liability and without regard to the notice requirements of

Section 6 hereof.

SECTION 28. PUBLIC ENTITY CRIMES.

As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that

it is not on the convicted contractor list for a public entity crime committed within the past thirty

six (36) months. The CONTRACTOR further warrants that it will neither utilize the services of,

nor contract with, any supplier, sub-contractor, or consultant in connection with this Agreement

for a period of thirty six (36) months from the date of being placed on the convicted contractor list.

SECTION 29. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

In accordance with State of Florida, Office of the Governor, Executive Order 11-116

(superseding Executive Order 11-02; Verification of Employment Status), in the event

performance of this Agreement is or will be funded using state or federal funds, the

CONTRACTOR must comply with the Employment Eligibility Verification Program (“E-Verify

Program”) developed by the federal government to verify the eligibility of individuals to work in

the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If

applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the

CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the

employment eligibility of all new hires working in the United States, except if the CONTRACTOR

is a state or local government, the CONTRACTOR may choose to verify only new hires assigned

to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned

to the Agreement; and (4) include these requirement in certain subcontract, such as construction.

Information on registration for and use of the E-Verify Program can be obtained via the internet at

the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

SECTION 30. JOINT AUTHORSHIP

This Agreement shall be construed as resulting from joint negotiation and authorship. No

part of this Agreement shall be construed as the product of any one of the parties hereto.

SECTION 31. EQUAL OPPORTUNITY EMPLOYER

The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal

opportunity employment laws. The CONTRACTOR will further ensure that all sub-contractors it

utilizes in providing the services required hereunder will comply with all equal opportunity

employment laws.

SECTION 32. AUDITING, RECORDS, AND INSPECTION

In the performance of this Agreement, the CONTRACTOR shall keep books, records, and

accounts of all activities, related to the Agreement, in compliance with generally accepted

accounting procedures. Throughout the term of this Agreement, books, records, and accounts

http://www.dhs.gov/E-Verify

10

related to the performance of this Agreement shall be open to inspection during regular business

hours by an authorized representative of the AUTHORITY, and shall be retained by the

CONTRACTOR for a period of three years after termination or completion of the Agreement, or

until the full Authority audit is complete, whichever comes first. The AUTHORITY shall retain

the right to audit the books during the three-year retention period. All books, records, and accounts

related to the performance of this Agreement shall be subject to the applicable provisions of the

Florida Public Records Act, chapter 119, Florida Statutes. The AUTHORITY also has the right

to conduct an audit within sixty (60) days from the effective date of this Agreement to determine

whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction

of the AUTHORITY. The AUTHORITY has the right to terminate this Agreement based upon its

findings in this audit without regard to the termination provision set forth herein.


The AUTHORITY and the CONTRACTOR have identified individuals as Project

Managers, listed below, who shall have the responsibility for managing the work performed under

this Agreement. The person or individual identified by the CONTRACTOR to serve as its Project

Manager for this Agreement, or any replacement thereof, is subject to prior written approval and

acceptance by the AUTHORITY. If the AUTHORITY or CONTRACTOR replace their current

Project Manager with another individual, an amendment to this agreement shall not be required.

The AUTHORITY will notify the CONTRACTOR, in writing, if the current AUTHORITY

Project Manager is replaced by another individual.

A. The AUTHORITY Project Managers’ contact information is as follows:

Les Powell, Foreman

Field Services, Toho Water Authority

3231 Reedy Creek Boulevard


(407) 944-5058 office

(407) 908-5126 mobile

[email protected]

Mark Schnee, Foreman


102 N. Alaska Avenue

Kissimmee, FL 34741

(407) 944-2639 office

(407) 415-8249 mobile

[email protected]

Chris Jones, Foreman


401 Buenaventura Boulevard


(407) 944-5066 office

(407) 709-2746 mobile

[email protected]




11

Dan Mascarel, Foreman


515 Country Club Boulevard


(863) 496-4954 office

(407) 744-3924 mobile

[email protected]

James Johnson, Foreman



Kissimmee, FL 34741

(407) 944-5163 office

(407) 508-9436 mobile

[email protected]


Mike McMillan, President

W.W. Daniels Co.

311 Lake Markham Road

Sanford, FL 32771

Phone: (407) 468-2651

Email: [email protected]

SECTION 34. SCRUTINIZED COMPANIES CLAUSE

This Agreement may be terminated by the AUTHORITY, without penalty to the AUTHORITY,

i) in the event that the CONTRACTOR is put on the scrutinized companies lists enumerated in

Section 287.135, Florida Statutes, or ii) if the AUTHORITY determines that the CONTRACTOR

falsely certified to the AUTHORITY that the CONTRACTOR is not listed as a scrutinized

company. Exemptions and additional penalties shall be as set forth in Section 287.135, Florida

Statutes. Certification is set forth in Exhibit ‘A’ which is attached hereto and made a binding part

hereof.

[SIGNATURE PAGE FOLLOWS]




12


have executed this Agreement effective the____ day of _____________________, 2018.

W. W. DANIELS CO.

By: ____________________________

Print Name: _____________________

Title: ___________________________

Attest: __________________________

Print Name: ______________________

Address: ________________________

_______________________________

TOHOPEKALIGA WATER

AUTHORITY

By: ________________________

Print Name: Tom E. White

Title: Board of Supervisors Interim

Chairperson

Attest: ______________________

Print Name: Nilsa C. Diaz

Address: 951 Martin Luther King Blvd.


STATE OF __________________

AUTHORITY OF __________________

The foregoing instrument was executed before me this ____ day of _______________, 2018, by

__________________________ as ________________________ of W. W. Daniels Co., who

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

the Corporation, and who is personally known to me OR has produced ___________________ as

identification.

Signature: __________________________________

Print Name: __________________________________

NOTARY PUBLIC, State of __________________

My Commission Expires: __________________________________

(Stamp)

13

Exhibit ‘A’

Contractor Certification Regarding Scrutinized Companies

(Agreements of $1,000,000.00 or more)

Section 287.135, Florida Statutes, prohibits local governments from contracting with companies,

for goods or services of One Million and 00/100 Dollars ($1,000,000.00) or more that are on

Scrutinized Companies Lists enumerated in Section 287.135, Florida Statutes.

As the person authorized to sign on behalf of the CONTRACTOR, I hereby certify that the

company identified above in the section entitled “CONTRACTOR Name” is not listed on the

Scrutinized Companies Lists. I understand that pursuant to section 287.135, Florida Statutes, the

submission of a false certification may subject the CONTRACTOR to termination of the

Agreement, civil penalties, attorney’s fees, and/or costs.

CERTIFIED BY: ____________________________________ Date: _________________

Authorized Signature

Print Name: _________________________________________

Print Title: _________________________________________

CONTRACTOR Name: __________________________________________________________

CONTRACTOR FEIN: _______________________

CONTRACTOR’s Authorized Representative Name: ___________________________________

Title: _____________________________________

Address: _______________________________________________________________________

City: _________________________ State: _________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: ____________________________________

IFB-18-080

AGREEMENT

SIDEWALK, CURB, AND GUTTER REPAIR SERVICES

THIS AGREEMENT is made and entered between Tohopekaliga Water Authority, an

independent special district established and created pursuant to Chapter 189, Florida Statutes, by

special act of the Florida Legislature, 951 Martin Luther King Boulevard, Kissimmee, Florida

34741 (hereinafter referred to as the “AUTHORITY” or “TWA”) and CM Engineering Services

Florida PLLC, 23 S. Dillingham Avenue, Suite B, Kissimmee, Florida 34741 (hereinafter referred

to as the “CONTRACTOR”).


WHEREAS, the AUTHORITY has competitively solicited for the sidewalk, curb, and

gutter repair services pursuant to IFB-18-080; and


capable of providing the required services and is awarded as the primary Contractor; and





SECTION 1. TERM.

The term of this Agreement shall become effective on July 16, 2018 and continue through

July 15, 2020. The contract may be renewed, subject to written notice of agreement, for two (2)

additional one (1) year periods.


The Contractor shall provide services and accessories listed in Exhibit ‘C,’ which is









2

against, the AUTHORITY, or any property owned by the AUTHORITY. Such

lien, attachment, or encumbrance, until it is removed, shall preclude any and all

claims or demands for any payment expected by virtue of this Agreement.




herewith.























A. The amount to be paid under this Agreement for acceptable performance of

sidewalk, curb, and gutter repair shall be in accordance with the unit prices listed

in Exhibit ‘C’ attached hereto.






3












termination.









by the CONTRACTOR.















$1,000,000.00.

4



$1,000,000.00.

B. The CONTRACTOR shall name “Toho Water Authority” as a certificate holder and as

additional insured, to the extent of the services to be provided hereunder, on all required

insurance policies, and provide the AUTHORITY with proof of same.




and show:









policy.















1. Exhibit ‘B’ – Solicitation document IFB-18-080

2. Exhibit ‘C’ – Original proposal submitted by Contractor including fees

5






hereto.





following:

Records Retention



(407) 944-5032

[email protected]











service; and




Florida law; and








6
























herein.






Agreement.









7





















hereof.















SECTION 22. WAIVER.

8





SECTION 23. NOTICE.










CONTRACTOR: CM Engineering Services Florida PLLC

23 S Dillingham Ave, Suite B


















effect thereon.




9






Section 6 hereof.





























employment laws.






10





















A. The AUTHORITY Project Managers’ contact information is as follows:

Les Powell, Foreman


3231 Reedy Creek Boulevard


(407) 944-5058 office

(407) 908-5126 mobile

[email protected]

Mark Schnee, Foreman



Kissimmee, FL 34741

(407) 944-2639 office

(407) 415-8249 mobile

[email protected]

Chris Jones, Foreman


401 Buenaventura Boulevard


(407) 944-5066 office

(407) 709-2746 mobile

[email protected]




11

Dan Mascarel, Foreman


515 Country Club Boulevard


(863) 496-4954 office

(407) 744-3924 mobile

[email protected]

James Johnson, Foreman



Kissimmee, FL 34741

(407) 944-5163 office

(407) 508-9436 mobile

[email protected]


Johan Erazo, President

CM Engineering Services Florida, PLLC

23 S Dillingham Avenue, Suite B

Kissimmee, FL 34741

Phone: (407) 483-3572


SECTION 34. SCRUTINIZED COMPANIES CLAUSE

This Agreement may be terminated by the AUTHORITY, without penalty to the AUTHORITY,

i) in the event that the CONTRACTOR is put on the scrutinized companies lists enumerated in

Section 287.135, Florida Statutes, or ii) if the AUTHORITY determines that the CONTRACTOR

falsely certified to the AUTHORITY that the CONTRACTOR is not listed as a scrutinized

company. Exemptions and additional penalties shall be as set forth in Section 287.135, Florida

Statutes. Certification is set forth in Exhibit ‘A’ which is attached hereto and made a binding part

hereof.





12



CM ENGINEERING SERVICES

FLORIDA, PLLC

By: ____________________________

Print Name: _____________________

Title: ___________________________

Attest: __________________________

Print Name: ______________________

Address: ________________________

_______________________________

TOHOPEKALIGA WATER

AUTHORITY

By: ________________________

Print Name: Tom E. White

Title: Board of Supervisors Interim

Chairperson

Attest: ______________________




STATE OF __________________

AUTHORITY OF __________________

The foregoing instrument was executed before me this ____ day of _______________, 2018, by

__________________________ as ________________________ of CM Engineering Services

Florida, PLLC, who personally swore or affirmed that he/she is authorized to execute this

Agreement and thereby bind the Corporation, and who is personally known to me OR has produced

___________________ as identification.

Signature: __________________________________

Print Name: __________________________________

NOTARY PUBLIC, State of __________________

My Commission Expires: __________________________________

(Stamp)

13

Exhibit ‘A’

Contractor Certification Regarding Scrutinized Companies

(Agreements of $1,000,000.00 or more)

Section 287.135, Florida Statutes, prohibits local governments from contracting with companies,

for goods or services of One Million and 00/100 Dollars ($1,000,000.00) or more that are on

Scrutinized Companies Lists enumerated in Section 287.135, Florida Statutes.

As the person authorized to sign on behalf of the CONTRACTOR, I hereby certify that the

company identified above in the section entitled “CONTRACTOR Name” is not listed on the

Scrutinized Companies Lists. I understand that pursuant to section 287.135, Florida Statutes, the

submission of a false certification may subject the CONTRACTOR to termination of the

Agreement, civil penalties, attorney’s fees, and/or costs.

CERTIFIED BY: ____________________________________ Date: _________________

Authorized Signature

Print Name: _________________________________________

Print Title: _________________________________________

CONTRACTOR Name: __________________________________________________________

CONTRACTOR FEIN: _______________________

CONTRACTOR’s Authorized Representative Name: ___________________________________

Title: _____________________________________

Address: _______________________________________________________________________

City: _________________________ State: _________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: ____________________________________


Category: Consent Agenda Agenda Item: 7D

Department: Public Information Office Attachments: SPONSORSHIP REQUEST & SPONSORSHIP SPREADSHEET Title: FY2018 SPONSORSHIPS Summary: The Florida Section of the American Water Works Association (FS-AWWA) and Guardian Ad Litem/Voices for Osceola Children have submitted a request for this FY year. Both are anticipated sponsorships and within our budget. The FS-AWWA Water for People Event, is schedule for July 26, 2018. Request is for $1,000.00, the same as in previous years. Guardian Ad Litem/Voices for Osceola Children Gala Event is scheduled for October 6, 2018 and request is for $3,000.00. TWA budgeted $1,700.00 for this event which is the same as last year and recommend this award amount. In addition to the above two sponsorships, several sponsorships requests have already been received for FY2019, such as the Boys and Girls Club of Central Florida, Youth Development Task Force/Healthy Start Coalition of Osceola County and Promociones Cultura y Herencia Hispana Inc. These request are substantially above the current budget. Staff is recommending to commence a solicitation process similar to last year’s process whereby TWA will invite organizations to submit applications for an annual sponsorship next month for major sponsorship requests totaling $5,000 or more and minor sponsorships of less than $5,000. Staff will present the results and recommendations to the board as part of the budget presentation in August.

Total Costs: $2,700.00

Recommended Action: Staff recommends approval of the Florida Section of the American Water Works Association sponsorship for $1,000 and the Guardian Ad Litem request for the continued amount of $1,700.00 Initials: MRC

2017/2018 Sponsorship Request FY2018 Estimated Budget $100,000.00

Organization Event Name Event Dates Amount Requested

Amount Approved Status of Payment

Help Now of Osceola

"Top 10 List" Annual Sponsor/Lobster Fest/Wine Pairing

11/4/17 & TBD $ 5,000.00 $ 5,000.00 Complete

St. Rose of Lima Food Pantry

"Top 10 List" Big Band Charity Event 11/5/2017 $ 30,000.00 $ 5,000.00 Complete

Osceola County Historical Society

"Top 10 List" Annual Sponsor- Pioneer Days

11/10 - 11/11/17 $ 7,500.00 $ 7,500.00 Complete

Education Foundation"Top 10 List" Annual Sponsor

11/10/17 & TBD $ 6,000.00 $ 6,000.00 Complete

Clarita's House Ministry 4th Fund for Hope Fashion Show 11/11/2017 $ 500.00 $ 500.00 Complete

Rotary Club of Kissimmee Bay

17th Annual Casino Night 11/18/2017 $ 800.00 $ 700.00 Complete

McCormick Research Foundation/Heavenly Hoofs

Run for the Roses Festival 5/5/2018 $ 5,000.00 $ 2,500.00 Complete

Osceola Soil & Water Conservation District Regional Envirothon 2/18/2018 $ 500.00 $ 500.00 Complete

Osceola Council on Aging "Top 10 List" $ 9,000.00 $ 9,000.00 CompleteYMCA "Top 10 List" $ 12,500.00 $ 12,500.00 CompleteOsceola/Kissimmee Chamber "Top 10 List" $ 8,000.00 $ 4,000.00 CompleteSilver Spurs Rodeo $ 3,000.00 $ 3,000.00 CompleteK.V.L.S & Osceola County Fair $ 5,000.00 $ 2,500.00 CompleteOsceola Arts $ 6,000.00 $ 5,500.00 CompleteSTEM Alliance of Central Florida $ 10,000.00 $ 10,000.00 Complete

Kissimmee Main Street $ 11,000.00 $ 1,000.00 Complete

FSAWWA Model Water Tower Competition $ 300.00 $ 300.00 CompletePoinciana Area Council - PAC Fest $ 500.00 $ 500.00 Complete

Boys & Girls Club"Top 10 List" Annual Sponsor $ 4,000.00 $ 4,000.00

Complete - Final Year of $20,000 total commitment

Osceola High School Science Olympiad $ 1,600.00 $ 900.00 Completed

November 2017 Entries under $5,000

Amount Requested

Amount Approved Status of Payment

Community Hope Center, Inc. Strike For Hope 4/15/2018 $ 2,500.00 $ 1,500.00 Complete

Christmas For The Kids 12/9/2017 $ 4,900.00 $ 900.00 Complete

Special Olympics Florida Polar Plunge 2/10/2018 $ 2,500.00 $ - Denied

Florida Fire Frogs Baseball Baseball 2018

January 1, 2018 -December 1, 201 $ 4,250.00 $ - Denied

Community Vision $ 4,000.00 $ 4,000.00 Complete

Grace Landing/Fostering our Future

Paddle Challenge 2018 6/2/2018 $ 2,500.00 $ 2,500.00 Complete

FLorida Odyssey of the Mind Association - Magic Center Region

Magic Center Region Odyssey of the Mind Tournament 2/24/2018 $ 3,662.00 $ - Denied

$ 89,800.00

Available $ 10,200.00

Anticipated/Recieved Requests Event Date

Estimated Ask/or Current Request

Amount Approved or Recommended Status of Payment

Boy Scouts of America "Top 10 List" 3/27/2018 $ 7,500.00 $ 4,000.00 In ProgressArts For a Complete Education c/o Education Foundation of Osceola County 4/13/2018 $ 1,000.00 $ - DeniedRelay for Life Kiss/Poinciana 5/19/2018 $ 1,000.00 $ 750.00 Complete

New Dimensions HS

Golf Tournament - funds would be used to further the mission of the school and be used to set up a scholarship fund in memory of Frank Attkinsson for a NDHS Senior 4/21/2018 $ 1,000.00 $ - Denied

ICAMAR/UCFOsceola Tech Farm Celebration $ 1,000.00 $ -

Estimated- do not expect request this year as this was for their opening celebration last year.

City of Kissimmee Great Outdoor Day $ 750.00 $ - Estimated

First Robotics Team OHS Competition $ 500.00 $ -

Estimated - This is different from the OHS Science Olympiad Event

FSAWWA Water for People $ 1,000.00 $ 1,000.00 Received for reviewGuardian ad Litem Annual Gala $ 1,700.00 $ 1,700.00 Received for reviewRotary Club West Pancake Breafast $ 750.00 $ 750.00 CompleteFWEA Student Design $ 500.00 Did not submit

Poinciana Area CouncilScholarship Awards Luncheon $ 100.00 $ 100.00 Estimated

Special Olympics Champions Breakfast $ 1,000.00 $ 500.00

Estimated - This is different from the Special Olympics Polar Plunge Request

Osceola Woman Head2Toe Show $ 1,500.00 $ 1,500.00

Estimated- Every other year event sponsored in 2014 & 2016

Osceola Cattlemen's Association

Annual Golf Tournament $ 500.00 $ 500.00 Estimated

Bahia Shrine Circus $ - $ - Denied Previous Year

Kissimmee Care Foundation Learning w/o hunger $ - $ -

Denied last year due to lack of information

$ 19,800.00 $ 10,800.00

$ (600.00)


Category: Consent Agenda Agenda Item: 7E

Department: Procurement Services Attachments: Agreements with North American Crane & Rigging, LLC and Sims Crane & Equipment Company Title: APPROVAL OF THE AGREEMENTS WITH NORTH AMERICAN CRANE & RIGGING, LLC AS THE PRIMARY CONTRACTOR AND SIMS CRANE & EQUIPMENT COMPANY AS THE SECONDARY CONTRACTOR FOR MOBILE CRANE AND OPERATOR RENTAL (IFB-18-074) Summary: On May 14, 2018, Procurement Services issued Invitation for Bid (IFB-18-074) for the provision of mobile crane and operator rental. These services are utilized by the Operations Department for various work assignments at the plants.

IFB-18-074 was opened on June 7, 2018, with two (2) firms responding:

Bidder Bid Total North American Crane & Rigging, LLC $61,393.00 Sims Crane & Equipment Company $76,130.00

The estimated annual expenditures for mobile crane and operator rental will be approximately $62,000. The term of the Agreement will commence on August 1, 2018, and continue through July 31, 2019, with the option to renew subject to written notice of agreement.

Total Costs: Estimated $62,000 annually

Recommended Action: Staff recommends approval of the Agreements with North American Crane & Rigging, LLC and Sims Crane & Equipment Company for mobile crane and operator rental. Initials: tlp/fh

IFB-18-074

AGREEMENT

MOBILE CRANE & OPERATOR RENTAL

THIS AGREEMENT is made and entered between TOHOPEKALIGA WATER

AUTHORITY, an independent special district established and created pursuant to Chapter 189,

Florida Statutes, by special act of the Florida Legislature, 951 Martin Luther King Boulevard,

Kissimmee, Florida 34741 (hereinafter referred to as the “AUTHORITY” or “TWA”) and NORTH

AMERICAN CRANE & RIGGING, LLC, 83 Development Street, Fall River, Massachusetts

02721 (hereinafter referred to as the “CONTRACTOR”).


WHEREAS, the AUTHORITY has competitively solicited for mobile crane and operator

rental pursuant to IFB-18-074; and


capable of providing the required services and is awarded as the primary Contractor; and





SECTION 1. TERM.

The term of this Agreement shall become effective on August 1, 2018, and continue

through July 31, 2019. The contract may be renewed, subject to written notice of agreement, for

two (2) additional one (1) or two (2) year renewal periods.


The Contractor shall provide services and accessories listed in Exhibit ‘A,’ which is









against, the AUTHORITY, or any property owned by the AUTHORITY. Such lien,

2

attachment, or encumbrance, until it is removed, shall preclude any and all claims

or demands for any payment expected by virtue of this Agreement.




herewith.























A. The amount to be paid under this Agreement shall be in accordance with the unit

prices listed in Exhibit ‘A,’ attached herein.









3









termination.









by the CONTRACTOR.















$1,000,000.00.



$1,000,000.00.

4

B. The CONTRACTOR shall name “Toho Water Authority” as a certificate holder and/or

as additional insured, to the extent of the services to be provided hereunder, on all

required insurance policies, and provide the AUTHORITY with proof of same.




and show:









policy.















Exhibit A - Solicitation document IFB-18-074 and all Addenda and original

proposal submitted by Contractor, including price schedule





5


hereto.





following:

Records Retention



(407) 944-5032

[email protected]











service; and




Florida law; and













6



















herein.






Agreement.











7



















hereof.















SECTION 22. WAIVER.





8

SECTION 23. NOTICE.










CONTRACTOR: North American Crane and Rigging, LLC

33 Acorn Street, Suite 215

Providence, RI 02903

















effect thereon.








9


Section 6 hereof.





























employment laws.










10


















John Keebler, Facility Maintenance Supervisor

Treatment Operations Department




Phone: 407-944-1403



David White, Northeast Regional Manager

North American Crane and Rigging, LLC

3435 Craftsman Boulevard

Lakeland, Florida 33803

Phone: 401-230-4778





11



NORTH AMERICAN CRANE AND

RIGGING, LLC

By: ____________________________

Print Name: _____________________

Title: ___________________________

Attest: __________________________

Print Name: ______________________

Address: ________________________

_______________________________

TOHOPEKALIGA WATER

AUTHORITY

By: ________________________



Attest: ______________________




STATE OF __________________

AUTHORITY OF __________________

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

by __________________________ as ________________________ of North American Crane

and Rigging, LLC, who personally swore or affirmed that he/she is authorized to execute this



Signature: __________________________________

Print Name: ________________________________

NOTARY PUBLIC, State of ___________________

My Commission Expires: ______________________

(Stamp)

IFB-18-074

AGREEMENT

MOBILE CRANE & OPERATOR RENTAL

THIS AGREEMENT is made and entered between TOHOPEKALIGA WATER

AUTHORITY, an independent special district established and created pursuant to Chapter 189,

Florida Statutes, by special act of the Florida Legislature, 951 Martin Luther King Boulevard,

Kissimmee, Florida 34741 (hereinafter referred to as the “AUTHORITY” or “TWA”) and SIMS

CRANE AND EQUIPMENT COMPANY, 1219 N. Highway 301, Tampa, Florida 33619

(hereinafter referred to as the “CONTRACTOR”).


WHEREAS, the AUTHORITY has competitively solicited for mobile crane and operator

rental pursuant to IFB-18-074; and


capable of providing the required services and is awarded as the secondary Contractor; and





SECTION 1. TERM.

The term of this Agreement shall become effective on August 1, 2018, and continue

through July 31, 2019. The contract may be renewed, subject to written notice of agreement, for

two (2) additional one (1) or two (2) year renewal periods.


The Contractor shall provide services and accessories listed in Exhibit ‘A,’ which is









against, the AUTHORITY, or any property owned by the AUTHORITY. Such lien,

2

attachment, or encumbrance, until it is removed, shall preclude any and all claims

or demands for any payment expected by virtue of this Agreement.




herewith.























A. The amount to be paid under this Agreement shall be in accordance with the unit

prices listed in Exhibit ‘A,’ attached herein.









3









termination.









by the CONTRACTOR.















$1,000,000.00.



$1,000,000.00.

4

B. The CONTRACTOR shall name “Toho Water Authority” as a certificate holder and/or

as additional insured, to the extent of the services to be provided hereunder, on all

required insurance policies, and provide the AUTHORITY with proof of same.




and show:









policy.















Exhibit A - Solicitation document IFB-18-074 and all Addenda and original

proposal submitted by Contractor, including price schedule





5


hereto.





following:

Records Retention



(407) 944-5032

[email protected]











service; and




Florida law; and











6





















herein.






Agreement.











7



















hereof.















SECTION 22. WAIVER.





8

SECTION 23. NOTICE.










CONTRACTOR: Sims Crane and Equipment Company

596 Thorpe Road

Orlando. Florida 32824

















effect thereon.








9


Section 6 hereof.





























employment laws.










10


















John Keebler, Facility Maintenance Supervisor

Treatment Operations Department




Phone: 407-944-1403



Cory Quackenbush, Representative

Sims Crane and Equipment Company

596 Thorpe Road

Orlando. Florida 32824

Phone: 813-955-5473





11


have executed this Agreement effective the ____ day of _____________________, 2018.

SIMS CRANE AND EQUIPMENT CO.

By: ____________________________

Print Name: _____________________

Title: ___________________________

Attest: __________________________

Print Name: ______________________

Address: ________________________

_______________________________

TOHOPEKALIGA WATER

AUTHORITY

By: ________________________



Attest: ______________________




STATE OF __________________

AUTHORITY OF __________________

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

by __________________________ as ________________________ of Sims Crane and

Equipment Company, who personally swore or affirmed that he/she is authorized to execute this



Signature: __________________________________

Print Name: ________________________________

NOTARY PUBLIC, State of ___________________

My Commission Expires: ______________________

(Stamp)


Category: Consent Agenda Agenda Item: 7F

Department: Engineering Services

Attachments: Location Map

Title: FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY GRANT APPLICATION SIGNATURE AUTHORIZATION Summary: The Board of Supervisors is requested to authorize the Executive Director or the Deputy Executive Directors to execute Florida Department of Economic Opportunity (DEO) Grant applications on behalf of the Authority for the NeoCity project and any future projects. The DEO, in partnership with Enterprise Florida®, has developed the Florida Job Growth Grant Fund (F.S. 288.101) to provide public infrastructure grants to ‘promote economic activity by improving public infrastructure and enhanced workforce training.’ The Osceola County NeoCity project is developing a 500 acre property adjacent to Neptune Road as a master-planned technology district providing significant regional economic activity. The NeoCity TWA Utilities Project will install approximately 11,300 LF or water mains, 7,850 LF of force mains, 8,600 LF of reclaimed water mains, 3,400 LF of gravity sewer, and lift station improvements over three phases to directly support the NeoCity development. An application for approximately $7,150,000 in DEO grant funding has been prepared. As part of the application package, the Board is required to provide authorization to execute the grant application. Staff is requesting the Board to authorize the Executive Director or Deputy Executive Director to execute the DEO grant application for the NeoCity project and future DEO grants if any become available.

Total Costs: None

Recommended Action: Staff recommends the Board authorize the Executive Director or the Deputy Executive Director to execute Florida Department of Economic Opportunity (DEO) Grant applications on behalf of the Authority for the NeoCity project and other future projects. Initials: ghe

OperationsLevel of Services

Quarterly Presentation2FQ18

2

Organizational Responsiveness - 2FQ18 Quarterly ReportWORST BESTLevel of Service: To provide prompt response times to minimize impacts to TWA customers and the environment.

KPIs KPI Target Field Services Customer Service Engineering Operations

Waste WaterActual

Performance

# of Work Orders addressed

ActualPerformance

# of Work Orders addressed

Response time for noise & odor complaints 24 hours 3.38 hrs 2

Response time for lift station alarms 2 hours 1.01 hrs 41

Target met/exceeded - GOODTarget not met - IMPROVEMENT

REQ'DLow bound not met -

IMPROVEMENT REQ'D

97%

3

Regulatory Compliance - 2FQ18 Quarterly ReportWORST BEST86%Level of Service: Meet or exceed all regulatory requirements.

KPIs KPI Target Field Services Customer Service Engineering Operations

Plant Pumpage Compliance Percentage of time compliant

Water Systems flow will not exceed permitted capacity 100% of the time 100%

WRFs flow will not exceed permitted capacity 100% of the time 100%

Water quality compliance - 2015 % Compliance Weighted % Compliance

Water quality to meet State & Fed. Standards 100% of the time 100% 100%

Wastewater discharge and Reclaim quality compliance

Quality to meet State & Fed effluent requirements 100% of the time

98.52% 97.85%

Camelot-5, Harmony-1, Sandhill-6, South Bermuda-2 criteria exceptions.

Target met/exceeded - GOOD Target not met - IMPROVEMENT REQ'D

Low bound not met -IMPROVEMENT REQ'D

4

KPI: Provide minimum pressure (at point of service) of 40 psi, 100% of the time, during average demand – Potable Water

Description: Delivery pressure is measured at 11 critical points in the Toho service area. Data is captured from the following lift stations: • Toho I - LS209, LS060, LS146, LS101, LS164• Toho III - LS015 – BVL WRF• Toho IV – LS004, LS207, LS017, LS057, LS079This data is captured in real time by the SCADA system and summarized at hourly intervals. The hourly minimum pressures are plotted below.

5

KPI: Provide minimum pressure (at point of service) of 40 psi, 100% of the time, during average demand – Potable Water

Water pressure of at least 40psi was recorded 99.985%of the time for the 2nd quarter.There are 129,600 total minutes in the 2nd quarter.With 11 measurement points, there are 1,425,600opportunities for water pressure to be recorded. Outof these opportunities, 216.78 of them were below40psi. Therefore this KPI was out of compliance only0.015% of the time.

The totals in the bar chart only count the lowest pressure event per hour per day. The pie charts include every incident when the pressure was measured at less than 40psi. Often several low pressure events occur within the same hour.

6

KPI: Provide minimum pressure (at point of service) of 40 psi, 100% of the time, during average demand – Reclaimed Water

Description: A systematic method for measuring compliance to this KPI is not currently available. Low Reclaim Pressure Complaints are used to provide insight for this KPI.

Data includes Low Pressure Reclaim work orders from both Infor and CIS. This includes Infor work orders where the Description contains the words 'LOW' and 'PRESS' and 'RECLAIM‘ or the Problem Code is ‘LP’ and the service is Reclaim. It also includes all CIS work orders where the service message contains the words 'LOW PRESSURE’ And 'RECLAIM‘.

MM-YY

Complaints per 1000 accounts

# of work orders

Apr-17 0.379 5May-17 0.455 6Jun-17 0.076 1Jul-17 0.152 2

Aug-17 0.303 4Sep-17 0.000 0Oct-17 0.000 0Nov-17 0.000 0Dec-17 0.000 0Jan-18 0.000 0Feb-18 0.000 0Mar-18 0.152 2

7

KPI: Average time to respond to Water Reclamation Facilities and Lift Stations noise and/or odor complaints to be less than 24 hours

Description: This metric attempts to capture the average time it takes to respond to a customer’s call registering a noise or odor complaint against a Water Reclamation Facility or Lift Station. It includes the elapsed time from when a call comes in to when a technician is on location to assess the reported issue. This does not reflect the time to resolve the reported issue.Data includes work orders where the description contains ‘ODOR PROBLEM’, ‘ODOR COMPLAIN’, ‘ODOR CONTROL COMPLAIN’, ‘SMELL’, ‘SEWER ODOR' ‘ODOR FROM’, ‘ODOR AND’, ‘ODOR AT’, OR ‘NOISE COMPLAIN’

Average Hrs

# of work orders

Apr-17 0.00 0May-17 0.00 0Jun-17 0.00 0Jul-17 0.50 1


8

KPI: Average time to respond to lift station alarms to be less than 2 hours

Description: This metric attempts to capture the average time it takes to respond to a lift station alarm. It includes the elapsed time from when a call comes in to when maintenance personnel are on location to assess the reported issue. This does not reflect the time necessary to resolve the reported issue.Data includes work orders work orders where the description contains ‘HIGH LEVEL’ or ‘HIGH WET WELL’ and/or the problem code is HIGH-WTR and assigned to MAINT personnel. This report focuses on high water alarms.

AverageHrs

# of work orders

Apr-17 1.16 12May-17 0.57 13Jun-17 0.58 17Jul-17 0.81 29


9

KPI: Flow will not exceed permitted capacity – Water Systems comply with permit requirements 100% of the time

Description: Each Water Treatment Plant has permit limitations on the maximum daily flow and annual pumpage volume. This combined measure includes flow data from the Eastern and Western Water System, Harmony, Spring Lake, BVL (supplemental supply), Bay Lake, Hidden Glen, Bella Lago, Lake Marion, and Huron WTPs.Flow data from the WTPs is measured and captured by SCADA and uploaded into Hach WIMS. Permit compliance for each of the water systems or plants is weighted using the contribution of each of these locations to the total Toho water system

Detail Data: Graphs displaying WTP yearly peak and average flow and design capacity. Arrows indicate whether flow has increased (5% or more), decreased (5% or more), or not changed (less than 5%) since the previous quarter.WTP flow data for Apr-2017 through Mar-2018

10

KPI: Flow will not exceed permitted capacity – Water Systems comply with permit requirements 100% of the time

11

KPI: Water Quality to meet Federal and State Standards 100% of the time

Description: This metric combines the results of water quality testing performed on water produced by Toho. The EPA/FDEP tests are mandated for each location and may include tests for: Microbiological Contaminants, Inorganic Contaminants, State 1 Disinfectant/Disinfection By-Product Contaminants, Lead / Copper (Tap Water) and Secondary Contaminants.The data used for this measure is obtained from the Annual Drinking Water Quality Reports. Water System or plant flows are used to weight the results of the individual locations to calculate a system wide percent compliance.

Water Systems

# parameters

detected

# of detected parameters with at least 1 test result above MCL

# detected parameters below MCL

% Compliant

% of Total System

Weighted % Compliant

Eastern WS 10 0 10 100.0% 58.343% 58.34%Western WS 12 0 12 100.0% 21.104% 21.10%Poinciana WS 10 0 10 100.0% 19.254% 19.25%Harmony WTP 10 0 10 100.0% 0.884% 0.88%Buenaventura Lakes WTP 8 0 8 100.0% 0.266% 0.27%Bay Lake Estates WTP 9 0 9 100.0% 0.096% 0.10%Springlake Village WTP 9 0 9 100.0% 0.044% 0.04%Hidden Glenn WTP 8 0 8 100.0% 0.008% 0.01%

76 0 76 100.0% 100.0% 100.0%

12

KPI: Flow will not exceed permitted capacity –WRFs and WWTPs. Comply with permit requirements 100% of the time

Description: Each wastewater plant has permit limitations on the annual average daily flow that can be processed. Flow data from the South Bermuda, Camelot, Parkway, Sandhill, Cypress, Walnut Drive, and Lake Marion WRFs and Harmony WWTP is measured and captured by SCADA, uploaded into Hach WIMS, and documented in Discharge Monitoring Reports. The average annual daily flow is calculated by averaging the monthly averages for the previous twelve months. This value is compared to the permitted level to determine compliance. Permit compliance for each of the wastewater plants is weighted using the contribution of each of these locations to Toho’s total wastewater processing.

Detail Data: Graph displaying peak, average, and permitted flow. Arrows indicate whether flow has increased, decreased, or not changed (less than 5%) since the last quarter. WRF flow data for Apr-2017 through Mar-2018.

13

KPI: Flow will not exceed permitted capacity –WRFs and WWTPs. Comply with permit requirements 100% of the time.

WRF PlantPeak Flow

DateCAMELOT 8/5/2017CYPRESS WEST 9/10/2017HARMONY 9/11/2017LAKE MARION 9/10/2017PARKWAY 9/11/2017SANDHILL 3/12/2018SOUTH BERMUDA 6/28/2017WALNUT 6/30/2017

WRF Plant

12 month Avg Flow% Of Permit

2FQ2018 1FQ2018CAMELOT 83.66% 82.33%CYPRESS WEST 89.24% 89.64%HARMONY 37.76% 35.30%LAKE MARION 94.74% 93.40%PARKWAY 64.94% 65.46%SANDHILL 88.28% 87.06%SOUTH BERMUDA* 83.70% 74.96%WALNUT 90.41% 89.27%

*South Bermuda Avg flow includes Apr thru June-2017 and then Oct-2017 thru Mar-2018. In July-2017 a flow meter was damaged and unable to capture the flow at that location. In was replaced at the end of Sept.

Cypress West Permitted Capacity was changed to 3.5MGD in October-2017.

14

KPI: Discharge quality to meet State & Federal Standards 100% of the time

Description: This metric combines the results of mandated effluent testing performed at all Toho wastewater treatment facilities. The measured parameters include flow, BOD Carbonaceous, Total Suspended Solids, PH levels, Fecal Coliform, Total Residual Chlorine and Total Nitrogen. The results for each facility (% of criteria passed) is weighted based its portion of the total flow processed to create a weighted Toho system compliance score. Test results are captured, QC’ed and finalized in the Lab’s Information Management System (Aspen). Once accepted, this information is transferred to Hach WIMS.

Sandhill WRF exceedances due to the UV system will no longer be counted in the list of violations for this report since the current disinfection method is chlorination and Sandhill will remain in this mode until the UV system is fully operational again. Once the UV system is back in operation, exceedances from this system will be counted again.

The chart below has been modified, removing the Sandhill UV system exceedances, since the facility has been in Chlorination disinfection mode since Dec 2014.

Plants # of exceptions

WRF # of Criteria January February March Grand TotalCAMELOT 42 1 2 2 5CYPRESS WEST 23 0 0 0 0HARMONY 41 0 0 1 1LAKE MARION 33 0 0 0 0PARKWAY 32 0 0 0 0SANDHILL 48 1 3 2 6SOUTH BERMUDA 39 0 1 1 2WALNUT 58 0 0 0 0

Grand Total 2 6 6 14

15

KPI: Discharge quality to meet State & Federal Standards 100% of the timeWater Reclamation Facilities with repeat exceptions on Discharge Monitoring Reports

Root Causes and Countermeasures performed

Apr 2017 to Mar 2018 Criteria

Plants# of months not

compliantTotal # of

exceptions

Chlorine, Total Residual (for disinfection), mg/L

Solids, Total Suspended, mg/L

Turbidity, NTU

Nitrogen, Nitrate, Total, mg/L

Coliform, Fecal, Max allowed, lb/100ML

Coliform, Fecal, % less than detection

Flow (To RIBS), MGD

Influent Flow, MGD pH, s.u.

BOD, Carbonaceous 5 day, 20C, monthly,mg/L

BOD, Carbonaceous 5 day, 20C, weekly,mg/L

HARMONY 3 3 0.0% 0.0% 0.0% 66.7% 0.0% 0.0% 33.3% 0.0% 0.0% 0.0% 0.0%SANDHILL 10 25 8.0% 32.0% 24.0% 0.0% 16.0% 16.0% 4.0% 0.0% 0.0% 0.0% 0.0%CAMELOT 5 8 37.5% 0.0% 0.0% 12.5% 0.0% 0.0% 50.0% 0.0% 0.0% 0.0% 0.0%SOUTH BERMUDA 3 4 0.0% 50.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 50.0% 0.0% 0.0%LAKE MARION 1 1 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%CYPRESS WEST 1 1 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0%WALNUT 1 2 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 50.0% 50.0%PARKWAY 0 0

Month YrPlant

Name CriteriaMonitoring

Site

MonitoringGroup Name

ThresholdMax

ViolationViolation

DateTotal # of Violations Root Cause Corrective Action

Mar-18 CAMELOTChlorine, Tota l Res idual (for

dis infection), mg/LEFA-1 Sprayfield 0.5 0.34 3/17/2018 1 SCADA Communication Loss .

A Work Order was i ssued for SCADA to look into the cause of the temporary fa i lure.

Mar-18 CAMELOTFlow (To RIBS),

MGDFLW-2 RIBs 1.4 1.5

Influent flows have increased and demand for reuse water has decreased, which caused the need to send more effluent to the RIB s i tes .

Staff has developed a procedure that wi l l help improve the flow balances . It i s in the fina l s tages of review.

Mar-18 HARMONYFlow (To RIBS),

MGDFLW-2 RIBs 0.18 0.182

Increased flows to the plant and current RIB capaci ty i s not enough to keep up with population growth in that area.

The plant effluent wi l l eventual ly tie into the reuse system. Once that option i s ava i lable, the effluent wi l l go out as reuse and the RIBs wi l l only be used when the demand for reuse i s low or when effluent does not meet reuse s tandards .

Mar-18 SANDHILLFlow (To RIBS),

MGDFLW-1 RIBs 2 2.1

Plant s taff had to discharge additional flow to the RIBs during the TSS exceedance time period.

None.

Mar-18 SANDHILLSol ids , Tota l

Suspended, mg/LEFB-1

Publ ic Access Reuse

5 7.8 3/19/2018 1During an inspection of the disk fi l ters , s taff found severa l tears in the cloth meida and a broken motor bel t

The disk fi l ters were repaired and the bel t was replaced.

Mar-18SOUTH

BERMUDASol ids , Tota l

Suspended, mg/LEFB-1 RIBs 5 9.6 3/23/2018 1 Sample col lection error. None.

16

KPI: Discharge quality to meet State & Federal Standards 100% of the time

Month YrPlant

Name CriteriaMonitoring

Site

MonitoringGroup Name

ThresholdMax

ViolationViolation

DateTotal # of Violations Root Cause Corrective Action

Feb-18 CAMELOTChlorine, Tota l Res idual (for

dis infection), mg/LEFA-1 Sprayfield 0.5 0.20 2/18/2018 1

Al l three of the chlorine pumps had s topped pumping. The SCADA trend chart shows there was an immediate drop in pump speed command and feedback which indicates a loss of communication or power.

Bled a l l l ines of to make sure they didn’t get a i r locked. Turned a l l three pumps off at control and restarted in hand. After further inspection on the SCADA trend chart shows there was an immediate drop in pump speed command and feedback which indicates a loss of communication or power.

Feb-18 CAMELOTFlow (To RIBS),

MGDFLW-2 RIBs 1.4 1.5 1

Feb-18 SANDHILLCol i form, Feca l , %

less than detection

EFA-1Publ ic Access Reuse

75 71.00 1The current location of the chlorine injection point was not optimal .

The chlorine injection point was relocated in order to maximize the dis infection contact time.

Feb-18 SANDHILLSol ids , Tota l



5 5.8 2/5/2018 1The plant has experienced higher influent flows which caused the set IRQ rate to be too high for efficient treatment.

Staff has reduced the IRQ rate to increase the detention time in the aeration phase.

Feb-18 SANDHILLSol ids , Tota l



5 6 2/26/2018 1The plant has experienced higher influent flows which caused the set IRQ rate to be too high for efficient treatment.

Staff has reduced the IRQ rate to increase the detention time in the aeration phase.

Feb-18SOUTH

BERMUDASol ids , Tota l

Suspended, mg/LEFB-1 RIBs 5 9 2/8/2018 1

The high TSS reading was caused by a blocked clari fier l ine. Another contributing cause was the drop off incoming a i r into the aeration bas in when the new aeration s trips were tested by the contractors .

The clari fier l ine was cleared and resumed normal operations . The testing of the new aeration s tips was a temporary interruption to normal operations .

Jan-18 CAMELOTFlow (To RIBS),

MGDFLW-2


1.4 1.50 1Influent flows have increased and demand for reuse water has decreased, which caused the need to send more effluent to the RIB s i tes .

Department s taff i s reviewing the options ava i lable for effluent disposa l .

Jan-18 SANDHILLSol ids , Tota l



5 9.5 1/10/2018 1

The sand fi l ters are in the process of being rehabbed to improve their performance. Work should be completed by February. The effluent flow was diverted to the RIBs and the Indian Ridge Augmentation Faci l i ty was placed onl ine to provide flow to the publ ic access system during the out-of-compl iance time frame.

Questions?

17

Engineering Services Key Performance Indicators (KPIs) Report

Fiscal Quarter 2, 2018

Engineering Services KPIs o Infrastructure Reliability (Engineering and Field Services)

Potable Water and Reuse – less than 100 breaks per 100 miles of pipe annually (8.33 breaks/month/100 miles)

• Mains and services Wastewater – less than 30 breaks and leaks per 100 miles of pipe annually (2.5

breaks/month/100 miles) • Mains and laterals • Less than 11 sanitary sewer overflows per 100 miles of pipe annually (0.92 sanitary sewer

overflows/month/100 miles) o Regulatory Compliance Reporting

Sanitary sewer overflows – notify FDEP within 24 hours and provide written notification within 72 hours for spills greater than 10,000 gallons

2

Engineering Services KPIs o Organizational Responsiveness

Plan Review- 10 days or less for initial and resubmittals Permit Processing- 5 days or less from submittal and fee payment Permit Clearances- 2 days or less Shop Drawing Reviews- 10 days or less for wastewater lift stations; 5 days or

less for pipes, valves, manholes, etc. Hydraulic Reviews- 10 days or less Record Drawing Construction Inspector Field Review- 5 days or less for each

submittal *Note: Record Drawing approval process revised in May includes 2 steps:

• Inspection Field Review by TWA construction inspectors- 5 days for each review • IT GIS review by GIS staff – 10 days for each review

3

Performance Summary

KPI KPI Goal Performance

Infrastructure Reliability 3FQ17 4FQ17 1FQ18 2FQ18

Water Main Breaks 8.33 breaks/month/100 miles 10.28 11.64 10.73 11.46

Reuse Main Breaks 8.33 breaks/month/100 miles 2.56 2.46 1.44 2.56

Wastewater Main Breaks 2.5 breaks/month/100 miles 3.48 2.86 3.25 6.0

Sanitary Sewer Overflows 0.92 overflows/month/100 miles 0.33 0.69 0.25 0.47

Regulatory Compliance Spill notification within 24 hours; written within 72 if greater than 10,000 gallons

Met Met Met Met

4

Performance Summary Continued Organizational

Responsiveness KPI Goal Performance

3FQ17

4FQ17

1FQ18 2FQ18

Development Plan Review 10 days or less 3 missed deadlines

Met

2 missed deadlines

Met

FDEP Permit Processing 5 days or less from submittal and SDC Payment

Met

Met

Met Met

FDEP Permit Clearance 2 days or less Met Met

Met Met

Shop Drawing Reviews: 2 Missed Deadlines

Met Met Met

Record Drawing Inspector Reviews

5 days or less Met

Met

Met Met

5

KPI: Fewer than 100 Potable Water breaks per year per 100 miles of pipe Graph below is monthly data so the target shown in graph is 1/12 of the annual target (8.33 breaks per month)

Description: Mirroring a quality measure included in AWWA’s QualServe Benchmarking Program, this metric normalizes the # of water distribution system breaks by the miles of distribution pipe. Specifically, this indicator accumulates the # of water system breaks in a year, divides this by the number of miles of distribution pipe and divides this result by 100. Using 1320 total miles of water distribution piping.

This report includes leaks and breaks from pipe or any equipment connected in the distribution system (valves, hydrants, meters, etc.)

6

2016 2017

Month

# of breaks/leaks per 100 miles

# of work orders

# of breaks/leaks per 100 miles

# of work orders

Apr 6.67 88 9.39 124 May 7.05 93 11.44 151 Jun 8.26 109 10.00 132 Jul 11.67 154 10.61 140 Aug 8.18 108 13.94 184 Sep 9.09 120 11.21 148 Oct 7.65 101 13.26 175 Nov 8.11 107 11.14 147 Dec 7.12 94 9.02 119 Jan 7.05 93 10.38 137 Feb 7.27 96 10.53 139 Mar 8.18 108 13.48 178

Breaks caused by contractors

MM-YYYY # of work

orders Apr-17 3

May-17 4 Jun-17 4 Jul-17 12

Aug-17 6 Sep-17 9 Oct-17 2 Nov-17 6 Dec-17 4 Jan-18 2 Feb-18 4 Mar-18 8

7

KPI: Fewer than 100 Potable Water breaks per year per 100 miles of pipe

KPI: Fewer than 30 SC failures per year per 100 miles of pipe Graph below is monthly data so the target shown in graph is 1/12 of the annual target (2.5 breaks per month)

Description: Mirroring a quality measure included in AWWA’s QualServe Benchmarking Program, this metric normalizes the # of SC failures by the miles of SC pipe. Specifically, this indicator accumulates the # of SC failures in a year, divides this by the number of miles of force mains and gravity mains and divides this result by 100. Using 1632.5 total miles of Gravity Main, Force Main, and Laterals. *Previous reports did not include the miles of lateral piping.

Data below includes work orders that addressed blockages and sewer pipe line breaks and leaks.

8

2016-2017 2017-2018

# of SC failures per 100 miles

# of SC failures

# of SC failures per 100 miles

# of SC failures

Apr 2.51 41 2.27 37 May 2.57 42 2.57 42 Jun 2.51 41 2.39 39 Jul 3.43 56 3.43 56

Aug 2.88 47 2.70 44 Sep 2.76 45 2.33 38 Oct 3.12 51 3.49 57 Nov 2.76 45 2.63 43 Dec 2.63 43 3.74 61 Jan 2.88 47 4.53 74 Feb 2.45 40 3.19 52 Mar 3.06 50 3.31 54

**There were 59 SSOs related to issues caused by the Hurricane in September. These SSOs are not included in the data below.

9

KPI: Fewer than 30 SC failures per year per 100 miles of pipe

Monthly Overview of Selected Statistical Information

For the month endingMay 31, 2018(Un-audited)

Fiscal Year To Date (FYTD)

Revenues

MONTHLY FINANCIAL PRESENTATION - MAY 2018

1

FY18 Revenue Summary


2

FY18 Rate Revenue Comparison

Authority issued adjustments in both reclaim & water earlier in the fiscal year Includes water & reclaimed water adjustments thru May Less adjustments:

Reclaim revenue would be 101.6% YTD Water would be 99.0% YTD


3

FY18 Total Revenue Comparison to Prior Year

Monthly 0.6 0.7 0.4 0.6 0.9 1.3 0.5 (0.2)Cumulative 0.6 1.3 1.7 2.3 3.2 4.5 5.0 4.8

6.4%


4


Expenses


5

YTD Expenses to Budget

Expense items that reflect a large variance to budget (Comprises 81% of total variance - $3.4M) Personnel - $799k (95% YTD) Other & Professional Services – $1.6m (73% YTD) Other Maintenance - $978k (72% YTD)


6

YTD Expenses Comparison

Three categories currently are realizing a decrease from FY17 Other Maintenance, Auto Maintenance, & Professional/Contract Services ($630k)

All expense items are under YTD budget (Total of 4.2M)

Thru May the operating expenses realized an increase over FY17 of 4.3% (PILOT not included – with Pilot 4.6%)


7

Major Expense Categories

Above Categories comprises 87% of the operating expense budget All are currently under their YTD budget for a total of $4.2M Overall, including PILOT, operating expenses are at 91% of YTD budget

Less PILOT operating expenses are at 89% of YTD budget


8

YTD Net Operating Revenue

4.2M over YTD Budget 2.8M over FY17 – 8.4%


9


System Development Charges


10

System Development Charge Revenue


11

System Development Charge (SDC) Trends – 10 Years(in 000s)

$7,775

$5,510

$9,396

$7,353 $7,082

$13,993

$16,094

$20,552

$29,900

$21,453

$0

$10,000

$20,000

$30,000

FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18

$29.8Budget

72%

Total SDC revenue is over last year’s total by 5.6% Total SDC revenue is over budget by 8.1%


12

Statistical Analysis & Other Information


13

Billed Water Usage Comparison (MG)

2.7%

2,384

2,650

2,033

2,5172,451

2,869

1,917

0

1,000

2,000

3,000

1ST QTR 2ND QTR 3RD QTD 4TH QTR

FY17 FY18

2.4% increase in billed water usage in FY18

108%

103%


14

FYTD Billed Water Comparison by Type

Service Type FY18 FY17 % +/(-)

Residential Water 3,574 3,272 9.2%

Commercial Water 2,890 2,969 (2.7%)

Irrigation 773 825 (6.3%)

Total 7,237 7,066 2.4%

Reclaimed Water 2,248 1,624 38.4%

Residential Water49%

Commercial Water40%

Irrigation11%

Thru May - MGs


15

Residential Average Monthly Usage

4,080

4,521

4,205

4,9904,902

4,5954,886

4,938

0

2,000

4,000

6,000

OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP

FY18 FY17

2017 YTD Average - 4,4092018 YTD Average - 4,640Increase of 231 Gallons per account or 5.2% for FY18


16

Commercial Average Monthly Usage

45,570

38,545

42,345

48,68651,430

49,131

38,229

52,378

0

24,000

48,000

72,000


FY18 FY17

2017 YTD Average - 48,3372018 YTD Average - 45,789Decrease of 2,547 Gallons per account or (5.3%) for FY18


17

Short-Term Rental Average Monthly Usage

3,441 3,426

4,665

5,7816,062

5,684

4,685

5,731

0

2,300

4,600

6,900


FY18 FY17

2017 YTD Average - 4,9512018 YTD Average - 4,934Decrease of 17 Gallons per account or (0.3%) for FY18


18

Combined Average Monthly Usage

6,747 6,684 6,717

7,875 7,9867,547

7,036

8,051

0

3,500

7,000

10,500


FY18 FY17

2017 YTD Average - 7,3042018 YTD Average - 7,330Increase of 27 Gallons a month or 0.4% for FY18


19

Irrigation Average Monthly Usage

4,128

4,6154,788

6,0205,804

6,2496,559

7,463

0

3,200

6,400

9,600


FY18 FY17

2017 Average - 6,3822018 Average - 5,703Decrease of 679 gallons per account or 10.6% for FY18


20

Outside Average Monthly Usage(Irrigation & Reclaim Combined)

6,748

9,7719,288

12,612

10,812

12,50212,715

14,848

0

5,000

10,000

15,000


FY18 FY17

2017 Average - 9,5212018 Average - 11,162Increase of 1,641 gallons per account or 17.72% for FY18


21

General Service Reclaimed Usage (MG)

1,803

1,963

2,305 2,248

0

800

1,600

2,400

2015 2016 2017 2018*

Tota

l Usa

ge

Usage

38% increase over FY17 thru May

98%


22

Reclaimed Water Average Monthly Usage

9,654

15,009

13,842

19,259

15,836

18,700 18,760

22,060

0

8,000

16,000

24,000


FY18 FY17

2017 Average - 13,0362018 Average - 16,640Increase of 3,604 gallons per account or 27.7% for FY18


23

Bulk Rate Reclaimed Usage (MG)

1,776

2,016

2,308

1,334

0.00

800

1,600

2,400

2015 2016 2017 2018*

Inch

es

Tota

l Usa

ge

Usage

*2018 totals are thru May, 2018 (21%)

58%


24

0-22 Days, $4,569, 96%

23-60 Days, $196, 4%

61-90 Days, $1, 0%

+90 Days, $1, 0%

Receivable Aging Breakdown(in 000s)


25

New Meter Ticket Trends

970

1,232

1,011

1,193

1,582

1,079

0

550

1,100

1,650

1st Qtr 2nd Qtr 3rd QTD 4th Qtr

New Meter Tickets

2017

2018

3,246

3,671

4,692

5,133

3,854

0

1,800

3,600

5,400

FY14 FY15 FY16 FY17 FY18

75%


26

Customer Accounts – Billed Services

ServicesThru

05/31/18Thru

05/31/17Variance %

Water 103,884 100,704 3,180 3.2%

Wastewater 98,080 94,314 3,766 4.0%

Irrigation 17,044 16,694 350 2.1%

Reclaim 17,455 15,966 1,489 9.3%

Total 236,463 227,678 8,785 3.9%

Water44%

Irrigation7%

Wastewater42%

Reclaim7%

When combining Irrigation & Reclaim together the overall increase between the two is 5.6%


27

Staffing Summary

Division Budget Filled Open

Treatment Operations 105.0 99.0 6.0

Field Services 80.0 70.0 10.0

Customer Service(One Position was eliminated)

66.5 63 3.5

Engineering Services 34.5 32.5 2.0

Administration 12.5 12.5 0.0

Business Services 15.5 14.0 1.5

Information Technology 14.5 14.5 0.0

Human Resources 8.0 8.0 0.0

Office of the General Counsel 2.0 2.0 0.0

Total 338.5 315.5 23.0

In FTEs

Treatment Operations

31%

Field Services23%

Customer Service

20%

Engineering Services

10%

Business Services

4%

Admin4%

Information Technology

5%

Human Resources

3% Office of the General Counsel

1%

93.2% Positions filled – as of 06.14.18


28

Monthly Update

For the month ending May 31st, 2018

(Un-audited)


29

Documents

AGENDA Thomas White WEDNESDAY, JUNE 27, 2018 Chair, Ex … and Meetings... · 2018. 6. 21. · operation of the MIEX resin water treatment system at the Harmony Water Treatment Plant