Toho Water Authority 101 North Church Street, 2 d Floor and Meetings/2008/AG… · Moody seconded the motion. Motion passed 5 to 1; Supervisor Wells opposed. 913. RECOMMENDATION OF

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Toho Water Authority101 North Church Street, 2" d Floor

Kissimmee, FL 34741

www. tohowater. com

Board of Supervisors

Bruce R. Van Meter, Chairman

Mary Jane Arrington, Vice ChairmanJohn E. Moody, SupervisorJohn C. Reich, Supervisor

James W. Wells, Supervisor

Fernando E. Valverde, Supervisor

rs

t

F tt

A

1• 11:

11

MEETING CALLED TO ORDER

Brian L. Wheeler, Executive Director

Mike Davis, AttorneySteve Johnson, AttorneyNilsa C. Diaz, Administrative Secretary

INVOCATION AND PLEDGE OF ALLEGIANCE

APPROVAL OF THE AGENDA

AWARDS AND SPECIAL PRESENTATIONS

PUBLIC HEARING

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

CONSENT AGENDA

The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of theBoard of Supervisors. The Board of Supervisors in one motion may adopt the entire Agenda. The motion foradoption is non -debatable and must receive unanimous approval. By request of any individual member, anyitem may be removed from the Consent Agenda and placed upon the Regular Agenda for debate.

A. APPROVAL OF MEETING MINUTES FROM MARCH 26, 2008

B. APPROVAL OF THE SELECTION OF HASKELL CONSTRUCTION

COMPANY TO PROVIDE CONSTRUCTION MANAGER AT RISK

SERVICES FOR THE CONSTRUCTION OF THE WESTERN REUSE

STORAGE PUMPING FACILITY

C. APPROVAL OF SELECTION OF MALCOLM PIRNIE TO PROVIDE

ANALYSIS AND CONDITION ASSESSMENT OF THE SANDHILL

A- 1

WATER RECLAMATION FACILITY AND 47 TRIBUTARY LIFT

STATIONS

D. APPROVAL OF SCOPE OF SERVICES PROPOSAL WITH TETRA

TECH HAI FOR ENGINEERING DESIGN, SURVEYING, AND

CONSTRUCTION ADMINISTRATION SERVICES FOR THE

REHABILITATION OF TWO LIFT STATIONS

E. APPROVAL OF RESOLUTION AMENDING FLOW DATA FOR

LAUNDROMATS USED FOR DETERMINING IMPACT FEES

8. INFORMATIONAL PRESENTATIONS ( REQUIRING NO ACTION)

9. UNFINISHED BUSINESS:

A. APPROVAL OF RESOLUTIONS AND DOCUMENTS TO PROVIDE

FOR THE CONVERSION OF THE SERIES 2007 BONDS FROM

AUCTION RATE MODE TO VARIABLE RATE WITH A LETTER OF

CREDIT SUPPORT

STRUCTURE

10. NEW BUSINESS

11. STAFF REPORTS

Description Regular meeting of the Tohopekaliga Water Authority. Present atthe meeting were Supervisor Jim Wells, Supervisor John Moody, Supervisor Fernando Valverde, Attorney Steve Johnson, AttorneyMike Davis, Executive Director Brian Wheeler, Administrative

Secretary Nilsa C. Diaz, Chairman Bruce R. Van Meter, SupervisorMary Jane Arrington, and Supervisor John Reich. Commissioners

Gemskie and Shipley were not present.

Date 3/ 26/ 2008 Location ? City of Kissimmee Commission

Chambers r

Time Item Minutes

5: 08: 12 PM MeetingMeeting called to order by Chairman Bruce R. Van { called toMeter at 5: 08 PM. i

order

5: 08: 18 PM 3 Invocation The Invocation was given by Executive Directorand Pledge Brian Wheeler and Supervisor John Moody led the

i of Allegiance audience in the Pledge of Allegiance.

5: 08: 22 PM Executive Director Wheeler added an item under

Unfinished Business: 9C. Approval of Resolution

Amending the Authority Investment Policy and

Approval of Authorization for the Executive Director

Approval ofto execute a commitment letter for a Letter of Credit;

the Agendawith Helaba Bank.

rSupervisor Arrington moved for approval of the I

agenda with the inclusion of Item 9C. sSupervisor Valverde seconded the motion.

Motion passed 6 to 0.

5: 08: 53 PM ? Executive Director Wheeler read the Proclamation

declaring March as Purchasing Month for the TohoWater Authority. x

Supervisor Moody moved for approval of theAwards and proclamation and Supervisor Arrington ISpecial seconded the motion. Motion passed 6 to 0.

Presentations jExecutive Director Brian Wheeler read the

proclamation declaring April as Water;

Conservation Month in Osceola County.; Supervisor Arrington moved for approval of the

proclamation and Supervisor Moody seconded {

the motion. Motion passed 6 to 0. r

5: 12: 04 PM ; PublicNone

Hearing

5. 12: 11 PM ; Hear theNo one came forth.

Audiencem -----------

5: 12: 23 PM There not being any changes to the Consent

ConsentAgenda as published, Supervisor Wells moved for Itapproval of the Consent Agenda and Supervisor t

AgendaArrington seconded the motion. Motion passed

i6to0. T

5. 13. 09 PM ; InformationalNone

Presentations j

5. 13: 13 PM 9A. APPROVAL OF PROPOSED SWAP OF 1AUTHORITY AND RIDA PROPERTIES jASSOCIATED WITH THE STONEYBROOK DRI

MUTUAL COOPERATION AGREEMENT

Real Estate Research Consultants ( RERC) was

retained by the Authority to do a valuation of aproposed land swap estimating current and futureland values associated with a Mutual Cooperation j

jAgreement between TWA, RIDA, CF Golf and USHome Corporation. Mr. Steven McDonald, Vice

President of RERC, gave the Board a quick review;

of the proposed transaction between the entities.

Mr. McDonald told the Board that the value of the E

Unfinishedland involved in the transaction is implied and that j

Business this agreement is a very good deal for the Authorityas it refers to the transfer value. There was further;

discussion about land values, the benefits for both

RIDA and TWA, and the results of condemnation.

Mr. McDonald reiterated that from an economic;#

perspective, it was a good deal. Chairman Van

Meter and Supervisor Reich expressed that if

everyone understands what is going on, then it is a rgood deal. Supervisor Wells and Supervisor Reich

stated that they were having problems

understanding the 90 year lease.

Supervisor Reich moved for approval of the #,

proposed swap of Authority and RIDA propertiesa associated with the Stoneybrook DRI Mutual

Cooperation Agreement. Supervisor Arrington

seconded the motion. Motion passed 5 to 1;

Supervisor Wells voted against it.

Executive Director Wheeler stated that it was time to

decide which parcels were going to be swapped anddid the Board want to do it tonight or at the next

meeting. The Board examined some maps to

include one presented to the Board at the November14th

meeting which showed some parcels previously

approved by the Board. The Board decided on the

former 18th hole and part of the2nd

hole of the

National Course zone adjacent to area 1C on the

map.

Supervisor Arrington moved for approval of the

described area for the swap for final approval atthe April

9th

meeting. Marc Reicher will bringback an exhibit identifying the parcels. Mike

Davis mentioned that the lease had to be

brought back as a modification. Supervisor

Moody seconded the motion. Motion passed 5

to 1; Supervisor Wells opposed.

913. RECOMMENDATION OF IMPACT FEE

ASSESSMENT FOR LAUNDROMATS

At the February 13th and February 27th Board

meeting, a client approached the Board requestingrelief from the impact fee assessment for

Laundromats. Staff gathered data from Central

Florida utilities and commercial laundry machinemanufacturers. The Authority used 8 loads per dayper machine to represent peak weekend demands

and determined that front loading machines requiresubstantially less water compared to top loading. Staff has developed a usage schedule that

differentiates between front loading and top loadingmachines; thereby, slightly reducing the assessmentfor front loading machines and slightly increasingthe assessment for top loading machines.

Supervisor Wells moved for revision of the

impact fee assessments for Laundromats.

Supervisor Arrington seconded the motion.

Attorney Mike Davis to bring back a resolutionaddressing said revision. Motion passed 6 to 0.

9C. APPROVAL OF RESOLUTION AMENDING

THE AUTHORITY INVESTMENT POLICY AND

APPROVAL OF AUTHORIZATION FOR THE

EXECUTIVE DIRECTOR TO EXECUTE A

COMMITMENT LETTER FOR A LETTER OF

CREDIT WITH HELABA BANK

Toby Wagner, Southeastern Investments Securities, Inc. updated the Board on what has transpired in the

market since the last meeting. The Board had

instructed Mr. Wagner to move forward with

Deustche Bank: however, Deustche Bank has told

us that they could not offer what we needed andwould think it over over the weekend. They latercame back and told us that they could not offer theproduct and were, in fact, pulling the product off thetable. The Financial Advisors are in the process of

drafting a Letter of Credit with Helaba Bank. At this

time, CIFG is willing to entertain the insurance policyremarket instead of re -funding. The opportunities we have during the 6 to 8 weeks' ratings reaffirmed using existing cash on hand andthen have a line of credit with Helaba or SunTrust.

The Authority could use their own cash to buy thebonds, paying themselves and using the line ofcredit to reinvest, which is currently in our

Investment Policy. Attorney Mike Davis told theBoard that this action would require two action

items; the first one being a voice motion which readas follows, " Motion to authorize the Executive

Director, with the advice of Bond Counsel,

General Counsel, and the Financial Advisor, to

execute and return to Helaba Bank an expected

commitment letter for the issuance by Helaba ofa Direct Pay Letter of Credit and, if applicable, aReserve Account Letter of Credit, provided that

the commitment of Toho in the event that it

determines not to purchase the LOC and/ or

RALOC, is only to pay Helaba counsel expensesin an amount not to exceed $ 40K."

Supervisor Arrington moved to approve the

Voice Motion authorizing the Executive Directorto execute and return an expected commitment

letter for the issuance by Helaba of a Direct Pay

Letter of Credit and; if applicable, a Reserve

Account Letter of Credit. Supervisor Moodyseconded the motion. Motion passed 6 to 0.

A RESOLUTION OF THE BOARD OF

SUPERVISORS OF THE

TOHOPEKALIGA WATER

AUTHORITY; AUTHORIZING THE

INVESTMENT OF AUTHORITY

FUNDS IN BONDS OF THE

AUTHORITY; PROVIDING FOR

FINDINGS OF FACT AND

DEFINITION OF TERMS; AND

PROVIDING FOR APPLICABILITY

AND AN EFFECTIVE DATE.

Toby Wagner told the Board that he would onlyrecommend moving into the market if the Letter ofCredit were in place with Helaba Bank; would like

some interim financing in place through SunTrustwith Helaba knowing that the Authority has a

commitment with them. Attorney Mike Davis askedif once the decision is made as to which way to go, does it need to come back to the board? Mr.

Wagner said that if the Board adopts Resolution 08-

003; then everything would fall into place.

Supervisor Arrington moved for approval of

authorizing the investment of Authority funds inbonds of the Authority. Supervisor Moody secondedthe motion. Supervisor Wells said that he thinks the

Board is making a mistake; feels that the Authorityneeds as much liquidity as possible. Supervisor

Reich inquired as to what Mr. Wagner thought the

rates were going to do within the next week. Mr.

Wagner said that they will probably remain thesame; around 7. 15%. Mr. Wagner asked

Supervisor Wells if it would make him feel better if

the Authority were to borrow the money. Supervisor

Wells stated that he would prefer to stay with thetried and true. Mr. Wagner said that the notice to

the owners would have to be rescinded if the

Authority decided to do something different.

Supervisor Moody asked what the rate would be ifgoing to a fixed rate mode; Toby said that we couldexpect 5. 22%. Motion passed 4 to 2; both

Supervisor Wells and Supervisor Reich were

opposed.

6: 29: 00 PM New

Business

6: 29: 08 PM Alexandra Green presented the Financial Report for

the month of February 2008. Rodney Hendersonintroduced Marie Rios as the new IT Manager.

20/20 media advertising — Branding Campaign — At

the last meeting, the Board indicated to PattersonBach that the Board did not like the placement of

one of the billboards and thought they would usebus shelters but because Chairman Van Meter

works for 20/ 20 it might present a conflict of interest.

The attorneys provided an opinion after researchingthe matter and because the chairman has no

ownership in 2020; it would not present a conflict ofinterest. Supervisor Valverde commented that he

had read the e- mail from Mike Davis and Steve

Johnson and he did not see any conflict.

Supervisor Valverde asked if there was any answerStaff Reports . on the Avatar situation and requested that it be

made part of the Major Project Summaries.

Executive Director Wheeler said that South Florida

is recommending a petition to intervene in theSeminole County administrative hearing. It will be to

the Authority' s best interest to participate in theadministrative hearing. O and S Water has

contacted Brian Wheeler wanting to know if theAuthority wants to renegotiate selling 100, 000

gallons water wholesale and do we want to

incorporate the Tranquility DRI and Concorde

Estates into our service area. The problems at

Bellalago were discussed. There are several

hundred customers who are not paying for theirsewer but the Authority has no way of going afterthem because they get their water from O and S. Supervisor Wells said that we should say no onTranquility.

7: 14: 58 PM ; Board !None

Officials

7: 15: 07 PM ; Adjournment Note: For the record: An error was detected in the

numbering of the Resolutions and they have beenrenumbered to correct the error.

There being no further business to discuss, the

Chairman adjourned the meeting at 7: 15 PM.


John E. Moody, Secretary

CATEGORY: Consent

Attachment( s): None

APPROVAL OF THE SELECTION OF HASKELL CONSTRUCTION COMPANY

TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE

CONSTRUCTION OF THE WESTERN REUSE STORAGE PUMPING FACILITY

EXPLANATION: The Western Reuse Storage and Pumping Facility project willconstruct the pumping and storage facilities necessary to distribute reuse and theShingle Creek Alternative Water Supply ( AWS) from the South Bermuda WRF tothe Sand Hill Road WRF service area, where historically the irrigation demandhas exceeded the supply. The facility will maximize utilization of reuse and AWS; thereby, reducing the quantity of groundwater used for irrigation. The project will

include a 4 -million gallon ground storage tank, several high service pumps and

related piping, chlorine polishing, and electrical and instrumentation systems.

Staff has elected to use the Construction Manager at Risk ( CMAR) construction

delivery method for the construction of this facility. The CMAR will work with

TWA staff and the design consultant to provide a constructability and valueengineering review prior to proceeding to construction. In addition, the CMAR

will provide construction management services, including pre -qualification ofvendors and subcontractors, assistance with pre -purchasing of materials and

equipment, assistance with the bidding process to ensure competitive pricing, and overall construction management activities for this project. The CMAR is

also responsible for providing a guaranteed maximum price ( GMP) for the projectto perform the work that is needed. This price shall not be exceeded throughout

the construction duration of the project unless TWA requests significant changes

to the work during construction. An advertisement requesting Statements of Qualifications ( SOQ) from qualifiedcontractors was published in the legal section of the Orlando Sentinel; six

construction firms submitted SOQs and a staff committee of five individuals

short- listed three firms for the interview process. The following firms wereinterviewed:

1. Haskell Construction Company2. Encore Construction Company3. Garvey Construction Company

After the interviews, staff ranked the firms in the order listed above. Haskell

Construction was selected as the top ranked firm because of their experiencewith similar projects, and their ability and availability to expedite the work.

Upon Board approval of Haskell as the top ranked firm, staff will negotiate

minimal preconstruction phase services for constructability and value engineeringreviews and a subsequent GMP with Haskell Construction Company for theconstruction of the facility.

RECOMMENDATION: Staff recommends approval of the selection of Haskell

Construction to provide Construction Manager at Risk services for the

construction of the Western Reuse Storage and Pumping Facility.

CMAR Selection for the Western Reuse Storage and PumpingFacility.04. 09. 08.db

CATEGORY: Consent

Attachments: None

APPROVAL OF SELECTION OF MALCOLM PIRNIE TO PROVIDE ANALYSIS

AND CONDITION ASSESSMENT OF THE SANDHILL WATER

RECLAMATION FACILITY AND 47 TRIBUTARY LIFT STATIONS

Explanation: Comprehensive asset management allows the Authority to plan, operate, and maintain infrastructure assets at an acceptable cost. Development

of the Authority's asset management program requires detailed information andcondition data regarding its assets. The goal of this project is to establish

procedures and perform condition assessment of wastewater treatment plants

and lift station equipment, conduct physical inspections of the equipment, collect

additional attributes for each asset, assign a consequence of failure rating toeach asset, and ensure that the resulting data can be uploaded into TWA' sexisting work management system, Data Stream 7i, with minimal effort from TWAstaff. An estimate of remaining useful life of each asset will be developed basedon available data, manufacturers' information, staff interviews, visual inspection,

and engineering judgment.

An advertisement requesting Statements of Qualifications ( SOQ) from qualifiedconsultants was published in the legal section of the Orlando Sentinel; two

consulting firms submitted SOQ' s and a staff committee of four individualselected to interview both firms.

1. Malcolm Pirnie, Inc.

2. PBS& J

After the presentations, staff discussed the qualifications of each firm and

decided to approach each firm to determine if they would be willing to worktogether on the project since each firm clearly has superior strengths in the areaof field data collection/ engineering analysis and data management. Malcolm

Pirnie, Inc. was selected to conduct the condition assessment, remaining usefullife analysis, and consequence of failure analysis because of their experience

with similar projects and their recent involvement with the development of The

Authority' s asset management program. PBS& J was selected for the data

management portion of the project because of their expertise with computerized

maintenance management systems ( specifically DataStream) as well as their

experience with similar data management projects.

Recommendation: Staff recommends approval of the selection of Malcolm

Pirnie Inc. as the prime with PBS& J as a sub -consultant to conduct analysis and

condition assessment of the Sandhill WRF and 47 tributary lift stations.

CATEGORY: Consent

ATTACHMENT: Scope of Services Proposal from Tetra Tech HAI

APPROVAL OF SCOPE OF SERVICES PROPOSAL WITH TETRA TECH HAI

FOR ENGINEERING DESIGN, SURVEYING, AND CONSTRUCTION

ADMINISTRATION SERVICES FOR THE REHABILITATION OF TWO LIFT

STATIONS

EXPLANATION: Annually, Tohopekaliga Water Authority schedules the

rehabilitation or replacement of lift stations which are in a deteriorated condition.

LS -97 and LS -60 are among several stations that have been selected forimprovement in FY' 08. Both lift stations have corroded piping and outdatedelectrical and pumping components. LS -97 and LS -60 are greater than 20 years

old and require rehabilitation to maintain long term operation.

LS -97 is located off of Formosa Blvd in the Toho 1 service area. This master lift

station has insufficient pumping capacity for future flows and an inadequate odorcontrol unit. This duplex station will be converted to a triplex station by utilizingthe adjacent 8 -foot collection well as a supplemental wet well. A new odor

control system will be installed. The discharge piping is severely corroded andwill be replaced.

LS -60 is located alongside US - 192 in the Toho 1 service area. The lift station

collects and re -pumps sludge from the Camelot WRF to the South Bermuda

WRF in addition to pumping wastewater from the surrounding service area. The

wet well wall has been damaged extensively from exposure to hydrogen sulfideand requires rehabilitation. This triplex station will require the installation of

above ground piping, a fence, an odor control unit, and a generator. Pumpingthe Camelot WRF sludge to the South Bermuda WRF makes this lift station

rehabilitation a high priority. The pump station cannot be non -operational for asustained period without impacting the Camelot WRF treatment process.

A negotiated scope of services with Tetra Tech HAI for this project includes

design, permitting, surveying, and bidding and construction administration

services. The anticipated design period is eight months. The negotiated fee for

the proposed services is $ 128, 172. 00.

This design project will be funded through PB0712 and WE0616.

RECOMMENDATION: Staff recommends approval of the $ 128, 172. 00 scope of

services for design, permitting, surveying, and bidding and construction

administration services with Tetra Tech HAI for the rehabilitation of two lift

stations.

LS -97 and LS -60 Rehabilitations- Design Services 04. 09. 08. ag

aTETRA TECF

February 28, 2008 Revised March 27, 2608

Revised April 2, 2008

Ms. Annie Geary, E.I. Tohopekaliga Water Authority101 North Church Street, Suite 216Kissimmee, Florida 34741

Subject: Professional Engineering Services ProposalLift Station Nos. 60 and 97 Improvements

Tt 9 BP Toho

Dear Ms. Geary:

Tetra Tech is pleased to furnish this proposal for professional services for survey, preliminary design, final design, permitting, bidding, and construction administrationservices for the Wastewater Lift Station Nos. 60 and 97 Improvements Project. A

detailed scope of services, compensation summary, and project schedule are attachedhereto. Also attached are three ( 3) copies of the TWA Contract Addendum.

Tetra Tech looks forward to providing these services to the Toho Water Authority. If youshould have any questions, please do not hesitate to contact me at 407- 839- 3955.

Very truly yours,

Tetra Tech

J D. Fox, P. E.

Vice President

Attach>nents

JDF/ sim/ BP TohofcorresplGeary- R jdf.doc

C: Deb Beatty, P. E., TWAMark A. Rynning, P. E., TtLauren R. Springer, P. E., Tt

Sally Alfieri, Tt

201 East Pine Street, Suite 1000, Orlando, FL 32801

Tel 407. 839. 3955 Fax 407.839. 3790 www.tetratecti. com

EXHIBIT " A"

TOHOPEKALIGA WATER AUTHORITY

LIFT STATION NO. 60 AND 97 IMPROVEMENTS

SCOPE OF SERVICES

I. PROTECT DESCRIPTION

Tohopekaliga Water Authority ( TWA) has two ( 2) existing lift stations, Nos. 60 and 97, whichhave been prioritized for rehabilitation. LS 60 is a triplex submersible station located on the

corner of Fourwinds Road and U.S. Highway 192. LS 60 consists of a rectangular cast -in-placeconcrete wetwell and valve vault structure. The existing pumping capacity is adequate, therefore, no capacity increase is proposed. LS 60 has been identified to require structural

rehabilitation of the concrete wetwell, replacement of corroded wetwell piping, and electrical,

and addition of a new odor control system and standby power system.

LS 97 is a duplex submersible station located at the corner of Formosa Boulevard and Sand Hill

Road. LS 97 consists of a 12 -foot diameter precast wetwell and valve vault, and on: -site standbypower generator. LS 97 also has a secondary precast wetwell that flows into the primary wetwellduring periods of low flow. This wetwell is 8 -foot in diameter and is aerated by a positivedisplacement blower to aid with grease and odor control. The existing pumping capacity of LS97 is inadequate to support the existing and proposed flows, therefore, additional pumpingcapacity will be added to this site by a combination of adding pumps to each of the existingwetwells as space permits. This station is equipped with odor control, however, the system is not

adequate to meet the station demands and will be improved or replaced as pari of this project.

The existing generator is assumed to be sufficient to provide emergency power and it does notneed to be replaced. The electrical control system will be evaluated and improved to

accommodate the additional pumps.

Il. SCOPE OF SERVICES

A. Preliminary Design

The purpose of the preliminary design phase is to gather available information, develop, evaluate, and select alternatives, and present the size, type, and configuration of the

proposed facilities. This phase will also present a cost estimate of the project. One

combined report will be prepared including both lift stations. Tasks to be completed in

this phase are described below.

1. Attend a Irick -off meeting with TWA Staff to discuss the proposed facilities andvarious design considerations.

LRS/ slm/ LS60- 97/ Scope- R.doc

Tt #BP Toho - 1- 032708 Rev 040208

2. Review drawings, specifications, maps, and operating records pertaining to theexisting Lift Stations and adjacent. gravity sewers.

3. Preliminary discussion of structural rehabilitation options.

4. Develop preliminary site and yard piping plans for the lift stations along with apreliminary mechanical plan and section. for LS 97 showing the wetwells, proposed pumps, and revised valve vault. Tetra Tech will perforin required

hydraulic calculations for design of LS 97. The hydraulic conditions for LS 60

will remain the same as existing.

5. Develop preliminary design of odor control systems for each lift station.

6. Prepare a draft design report ( s) that summarizes the findings, conclusions, and

recommendations resulting from the various analyses and presents the

configuration of the proposed facilities and the associated estimate of cost.

7. Revise and finalize the design report( s) pursuant to TWA comments.

B. Final Design

Upon acceptance of the Preliminary Design Report by TWA, Tetra Tech will initiate thefinal design of both stations with construction to be completed as one ( 1) project. The

final design will result in preparation of the bid documents, engineering drawings, andspecifications, which will be submitted to TWA for review at 60%, 90% and 100%

completion levels. Four ( 4) sets of drawings and specifications will be provided at each

submittal stage and the final documents will be provided in electronic format. The

drawings will be prepared using AutoCAD and the specifications will be prepared usingMicrosoft Word. The design team will attend design review meetings with TWA at 60%

and 90% completion levels. Tetra Tech will prepare a construction cost estimate with the

90% design submittal. To ensure proper design of the facilities, Tetra Tech will obtain

approval from TWA for any substantial changes in the preliminary design prior toincorporation in the final design. A preliminary list of drawings is presented on thefollowing page.

LRS/ slm/LS 60- 97/ Scope- R. doe

Tt # BP Toho - 2- 032709 Rev 040268

General

Cover Sheet

Index of Drawings, General Notes and Key MapLegend and Abbreviations

Mechanical

LS 60 and LS 97 Site, Yard Piping, and Demolition Plan — Existing

LS 60 Mechanical Site and Yard Piping Plan and Section — Proposed

LS 60 Odor Control System Plan and Sections — Proposed

LS 97 Mechanical Site and Yard Piping Plan and Section — Proposed

LS 97 Odor Control System Plan and Sections — Proposed

Mechanical Details ( I Sheet)

Electrical

Electrical Abbreviations, Symbols and Notes

LS 60 and 97 Electrical Site Plans — ExistingLS 60 and 97 Electrical Site Plans -- Proposed

LS 60 and 97 Power Risers -- Proposed

Electrical Details ( 1 Sheet)

C. Permitting

Tetra Tech will prepare and submit permit applications and supporting documentation

necessary to obtain permits required for the project. Accordingly, Tetra Tech will

perforin the following tasks:

1. Prepare and submit a " Notification/Application for Constructing a DomesticWastewater Collection/ Transxnission System" to the Florida Department of

Environmental Protection ( FDEP) and respond to two ( 2) " Requests of Additional

Information" ( RA1s) issued by the regulatory agency for improvements to LS 97. A FDEP permit for LS 60 is not anticipated since the work is considered as

maintenance. All permit application fees are to be provided by TWA.

2. Prepare and submit right-of-way utilization permit applications to FloridaDepartment of Transportation ( FDOT), Osceola County or City of Kissimmee, and respond to two ( 2) RA1s issued by the respective agency. Permit application

fees are to be provided by TWA.

D. Bidding and Award

The proposed improvements will be bid as one ( 1) project. Upon authorization to

proceed with the bidding and award phase of the project, Tetra Tech will complete thefollowing tasks.

LRS/ slrim/ LS60- 97/ Scope- R.doc

Tt i#BP Toho - 3- 032708 Rev 040.208

1. Coordinate advertisement of the Project with TWA and prepare Invitation to Bid.

2. Provide one ( 1) copy of the Contract Documents ( engineering drawings andspecifications) and any addenda, which may be issued to bidding serviceagencies, such as Dodge Reports. Additional sets required for bidding will be

sold to bidders or others for a nominal fee approximately equal to the cost of

printing and handling.

3. Respond to any questions from bidders and prepare and issue addenda as requiredto interpret, clarify or expand the Bidding Documents.

4. Assist TWA in evaluating bids and make recommendation for the award of thecontract; and assist TWA in obtaining the insurance, performance bond andpayment bond certificates and other such submittal items required from the

Contractor by the contract documents so that construction of the project cancommence.

S.. Consult with and advise TWA as to the acceptability of subcontractors and other

persons and organizations proposed by the prime contractor ( hereinafter calledContractor") for those portions of the work as such acceptability is required by

the bidding documents.

6. Consult with and advise TWA as to the acceptability of substitute materials and

equipment proposed by Contractor when substitution prior to the award ofcontracts is allowed by the bidding documents.

E. Construction Administration

During the Construction Phase of the project, Tetra Tech will complete the followingtasks:

1. Prepare two ( 2) copies of a conformed set of Contract Documents for TWA andone ( 1) reproducible set for the recommended Contractor.

2. Upon award of the contract, Tetra Tech will attend and conduct a preconstruction

conference with the selected Contractor, subcontractors, regulatory agencies and

TWA and prepare meeting minutes.

LRS/ slrn/ LS60- 97/ Scope- R.doc

Tt #BP Toho - 4- 032708 Rev 040208

3. Conduct six ( 6) monthly site visits to the construction sites to observeconstruction of the project and attend six ( 6) monthly progress meetings. The sitevisits will observe the progress and quality of the construction and its generalconformance to the Contract Documents. The site visits will be conducted

following each progress meeting.

4. Provide interpretation or clarification of the design documents when requested,

and prepare change orders required for clarification or minor modification of the

Contract Documents.

S. Review shop drawings and other required Contractor submittals up to two ( 2) times per submittal for general conformance with the Contract Documents.

6. Review the Contractor' s application for payment and the accompanying data andschedules, determine the amounts owed to the Contractor, and advise TWA of therecommended payments to the Contractor.

7. Review test reports for soils, concrete and other materials.

8. Conduct a substantial completion site visit and develop a punch list of items to becorrected by the Contractor.

9. Conduct a final completion site visit to determine if the punch list items have beencompleted in accordance with the Contract Documents and if the Contractor'sobligations are fulfilled thereunder, and recommend final payment to the

Contractor.

10. Prepare one ( 1) copy and an electronic file of the record drawings for TWAincorporating those changes made during construction based on recordinformation furnished by the Contractor.

F. Survey

1. Obtain topographic surveys of each lift station site up to the terminal manhole and

adjacent right-of-way improvements that may be impacted during construction. In general, existing utilities will be located as they are marked by respectiveutility owners. Soft dig explorations are not included. Benchmarks at each site

will be established and referenced to the Osceola County datum and State ]PlaneCoordinates Bast Zone NAD83.

LRS/ slm/LS 60- 97/ S cope -R. doc

Tt #BP Toho - S- 032708 Rev 040.208

III. SERVICES NOT INCLUDED

A. Permit Application Fees - The check(s) for the permit application fee(s) will be issued byTWA. An estimate of permit application fees will be provided in the Preliminary DesignReport.

B. Other Permits - This proposal does not include permitting services for any permits thatare normally obtained by the Contractor ( i. e., building permit).

C. All construction related layout and record drawing survey work and geotechnicalservices, including materials testing and other services are to be provided by theContractor. This pertains only to such work that is completed during the constructionphase.

D. Geotechnical engineering services for design.

E. Costs for advertising the Project are to be paid by TWA.

F. Any application for variances, rezoning, or special exceptions.

G. Onsite telemetry and SCADA programming will be completed by TWA.

IV. COMPENSATION SUMMARY

The total lump sum fee for the Scope of Services described in Section II is $ 128, 172. Exhibit Bpresents a detailed breakdown of the estimated hours and compensation for the Scope ofServices.

1. Preliminary Design 20, 732

2. Final Design 42, 491

3. Permitting 4,361

4. Bidding 6,685

5. Construction Administration 43, 531

6. Survey 8, 372

7, Direct Costs 2. 000

TOTAL 128, 1.72

LRS/ slat/ LS60- 97/ Scope- R.doe

Tt #BP Toho - 6- 032708 Rev 040208

V. SCHEDULE

The anticipated delivery schedule for the project is presented below:

Milestone .

Task Duration

In Days/ Weeks

Days/ Weeks After.

Notice to' Proceed

Preliminary Design Report 42/ 6 42/ 6

TWA PDR Review 14/ 2 56/ 8

Submit Final PDR 1412 70/ 10

60% Design Submittal 28/ 4 98/ 14

TWA 60% Design Review 14/ 2 112116

90% Design Submittal/ Permitting Submittal 2814 140/ 20

TWA 90% Design Review 14/ 2 154122

100% Submittal 28/ 4 182/ 26

TWA 100% Desi n Review 1412 196128

Receive Permits ( Submit at 90% Completion) 56/ 8 196/ 28

Bidding/ Contract Award 56/ 8 252/ 36

Construction 180/ 26 432/ 62

LRS/ slm/ LS60- 97/ Scope- R.doc

Tt #BP Toho - 7- 032708 Rev 040.208

TOHOPEKALIOA WATER AUTHORITY

CONTRACT ADDENDUM ADDENDUM #:

DATE: February 28, 2008 Revised March 27, 2008 AMENDMENT:

April 2, 2008

Per the terms, conditions, and specifications of the Tohopekaliga Water Authority ( TINA) withTetra Tech

engineer)

for TWA Wastewater Lift Station Nos. 60 and 97 Improvements

project)

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

DESCRIPTION OF ASSIGNMENT:

Professional Engineering for Survey, Preliminary Design, Final Design, Permitting, Bidding, and ConstructionAdministration Services.

FORM OF COMPLETED DELIVERABLES:

As described in the attached Scope of Services.

BASIS OF PAYMENT: Services shall be made on the basis of LumR Summethod of compensation)

method in accordance with the Agreement, the total not to exceed $ 128. 172 . without further authorization from

the Board of Supervisors.

ESTIMATED DATE OF COMPLETION: This assignment shall be completed within 432 calendar days from the

receipt of this fully executed Addendum or 432 calendar days from receipt of TWA provided informationwhich will enable the Engineer to proceed with this work assignment.

Previous Contract Total Dollars: 5, 064, 393. 00

NET Dollars for this Change (Add itionlSubtraction): 128, 172. 00

NET CONTRACT TOTAL DOLLARS: i 5, 192, 565. 00

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

Title/ Position: Vice President Approved By: Bruce R. Van Meter, Chairman

Board of Supervisors

Company Name: Tetra Tech

Board of Su ervisors A rcval Date:

JDF/slrn/ BP Prop/ LS 60 & 97IAddendum- R. doc

Agenda: Consent

Attachment: Resolution Amending the Flow Data for Determining Impact Fees

APPROVAL OF RESOLUTION AMENDING FLOW DATA FOR

LAUNDROMATS USED FOR DETERMINING IMPACT FEES

Explanation: The Board of Supervisors, at the March 26, 2008 meeting, approved a recommendation by staff to change the flow data utilized to calculatethe water and wastewater impact fees for commercial Laundromats. The new flow

data will provide four categories or classifications of washing machines to beused in calculating the flows to be allocated to laundromats for the purposes ofcalculating water and wastewater impact fees. The Board attorney recommendedthat the Board adopt the changes by resolution. The resolution adopting thechanges is attached.

Recommendation: Staff recommends approval of the Resolution Amending theFlow Date for determining impact fees as presented.

Resolution Revising ImpactFeeAllocation Lau ndromats. 04.09. 08biw

Fl

Resolution Adopting Revised Water and Wastewater Impact Fees

RESOLUTION NO. 08- 005

A RESOLUTION OF THE BOARD OF SUPERVISORS OF

THE TOHOPEKALIGA WATER AUTHORITY

PROVIDING FOR REVISED WATER AND

WASTEWATER IMPACT FEES, PROVIDING FOR

COMPLIANCE AND PROVIDING FOR APPLICABILITY

AND AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE

TOHOPEKALIGA WATER AUTHORITY:

SECTION 1. AUTHORITY. This Resolution is adopted pursuant to

Chapter 2003- 368, Laws of Florida, Chapter 189, Florida Statutes, Section 163. 31801,

Laws of Florida, 2007 ( the " Florida Impact Fee Act") and other applicable laws ( the

Act"

SECTION 2. FINDINGS. It is hereby ascertained, determined and

declared by the Board of Supervisors (the "Board") of the Tohopekaliga Water Authority

the " Authority") that:

A) Pursuant to Section 12( 3) of the Act, certain Water and Wastewater Impact

Fees shown on the attached exhibit are revised as shown in such exhibit.

B) The Florida Impact Fee Act requires that notice be provided no less than

90 days before the effective date of an ordinance or resolution imposing a new or

amended impact fee.

C) The impact fees provided for in this Resolution No. 08- have been

calculated based upon the most recent and localized data.

2


SECTION 3. COMPLIANCE REQUIREMENTS.

A) The impact fees (" System Development Charges") provided for in this

Resolution No. 08-- shall be accounted for and reported as provided for in the Florida

Impact Fee Act.

13) Administrative charges for the collection of such System Development

Charges shall be limited to actual costs.

C) Notice has shall be provided in accordance with the Florida Impact Fee

Act prior to the effective date of the revised System Development Charges provided for

by this resolution.

SECTION 4. REBATE REQUIREMENT.

A). The reduction in the System Development Charges provided for in this

Resolution is required in order to conform to Florida Law so that the System

Development Charges collected for the use are not in excess of the impact on the

Authority system.

13) That portion of any System Development Charges in excess of the System

Development Charges provided for in this Resolution which may be due on or after

March 26, 2008 and prior to the effectiveness of these revised System Development

Charges necessitated by the notice requirement of the Florida Impact Fee Act shall not

3


be collected and shall be considered rebated so that the amount actually paid is not in

excess of the amount allowed by law.

SECTION 5. APPLICABILITY AND EFFECTIVE DATE. This

Resolution shall be effective immediately except for the effectiveness of the System

Development Charges provided for herein which System Development Charges shall

become effective immediately upon provision of the 90 day notice required by the

Florida Impact Fee Act. This resolution shall be liberally construed to effect the

purposes hereof.

Remainder of page intentionally left blank signature on next page]

11


PASSED AND DULY ADOPTED by the Board of Supervisors of the

Tohopekaliga Water Authority on the91h

day of April, 2008.

ATTEST:

John E. Moody, Secretary

BOARD OF SUPERVISORS OF THE


By:

5



EXHIBIT

Laundromats, Self Service

Per Machine ( Top Load) Per Maclaine ( Front Load 20#)

Per Machine ( Front Load 30#)

Per Machine ( Front Load 40# or greater)

0

Gallons Per DayGPD

Water Wastewater

210 210

250 250

400 400

Agenda: Unfinished Business

Attachments: Resolution 08- 006

APPROVAL OF RESOLUTIONS TO PROVIDE FOR THE CONVERSION OF

THE SERIES 2007 BONDS FROM AUCTION RATE MODE TO VARIABLE

RATE WITH A LETTER OF CREDIT SUPPORT

Explanation: The bond attorney, Robert Freeman from Bryant Miller & Olive and

the financial advisor, Toby Wagner, will present a resolution to the Board for theirapproval for the mode conversion of the Series 2007 bonds from the auction rate

mode to the variable rate mode with the credit support of a letter of credit from

the Helaba Bank. Attached is a memorandum from Robert Freeman outlining thepurpose of the resolution and the actions to be taken to accomplish the mode

conversion. The Executive Director executed the letter of commitment for the

letter of credit with the Helaba Bank on April 2, 2008. The actions to be taken bythe Board at the April

9t"

meeting will not complete the mode conversion. OnApril 10, 2008 following the Board action, the Authority will take the Series 2007bonds out of the auction rate market converting them to variable rate mode andholding them pending the completion of the documents and steps to remarket thebonds. At a subsequent meeting, the Board will be asked to approve the

documents that will allow the remarketing process to be initiated through aremarketing agent.

Recommendation: Approval of Resolution 08-006 to provide for the conversion

of the Series 2007 bonds to the variable rate mode.

Series2007BondConversionDocsReso08006. 04. 09. 08blw

I

TO: CHAIRMAN AND MEMBERS OF THE

BOARD OF SUPERVISORS OF THE


C l/ `l

17e 1 11LE ILE.1Z1Iz3

The Authority is currently in the process of converting its outstanding Series 2007Bonds from the ARS Mode to a Short -Term Mode in anticipation of the issuance

of a Letter of Credit by Helaba Bank. The Letter of Credit will replace the CIFGinsurance policy as credit enhancement for the bonds and the weeklyremarketing will take the place of the auction as method for determining theinterest rate on the bonds.

The process is essentially two- stage: Stage I — the bonds are converted from

ARS Mode to Weekly Mode and purchased by Toho on April 10; Stage I I — the

bonds are remarketed with the Helaba Letter of Credit and a RemarketingCircular after new ratings have been obtained based on the Helaba LOC,

expected to occur in mid- May.

In the interim, Toho will establish a line of credit with SunTrust Bank in the

amount of $50M to provide access to funds that will be tied up in the investmentin the bonds during the interim period.

The attached resolution addresses a number of matters in connection with this

process, including:

Authorizing the Mode Change from ARS to Weekly Mode ( Sec. 2. 01) Ratifying the delivery of the Mode Change notice which was distributed onMarch 25 & 26 ( Sec. 2. 02)

Appointing First Southwest as Remarketing Agent for the Weekly Modebonds and approving a form of Remarketing Agent Agreement (Article III) Appointing Bank of New York Trust Company as Tender Agent for theWeekly Mode bonds and approving a form of Tender Agent AgreementArticle IV)

Ratifying the acceptance of the Commitment for the Helaba Bank Letter ofCredit (Article V)

Ratifying the proposal of SunTrust Bank to extend a $ 50M line of credit to

the Authority for possible use pending remarketing of the Bonds with theLetter of Credit ( Article V)

Authorizing the payment of certain expenses incurred in connection withthe exploration of various options to continuing in the ARS Mode (ArticleVI).

Authorizing the taking of further action in connection with the ModeChange, the purchase of the bonds by the Authority, and the finalizing ofdetails with respect to the Helaba Bank Letter of Credit and the SunTrust

Bank line of credit ( Article VII)

A representative of Bryant Miller will be at the Board meeting on the 9t" to answerany questions that the Board may have regarding the resolution of the processfor Mode Conversion.

RESOLUTION 08- 006

A RESOLUTION SUPPLEMENTING RESOLUTION 2007- 005 OF THE

TOHOPEKALIGA WATER AUTHORITY, FLORIDA, AS AMENDED;

AUTHORIZING A CHANGE IN THE INTEREST RATE MODE OF ITS

92, 395, 000 UTILITY SYSTEM VARIABLE RATE REVENUE BONDS, SERIES

2007, FROM ARS MODE TO WEEKLY MODE; RATIFYING AND CONFIRMING

THE DELIVERY OF NOTICE OF SUCH MODE CHANGE; APPOINTING FIRST

SOUTHWEST COMPANY AS THE REMARKETING AGENT AND APPROVING

THE FORM OF AND AUTHORIZING THE EXECUTION OF A REMARKETING

AGREEMENT; APPOINTING THE BANK OF NEW YORK TRUST COMPANY,

N. A. AS TENDER AGENT AND APPROVING THE FORM OF AND

AUTHORIZING THE EXECUTION OF A TENDER AGENT AGREEMENT;

RATIFYING THE EXECUTION BY THE EXECUTIVE DIRECTOR OF A

COMMITMENT LETTER FOR THE PROVISION OF A DIRECT PAY LETTER

OF CREDIT BY LANDESBANK HESSEN- THURINGEN GIROZENTRALE AS

THE LIQUIDITY PROVIDER IN CONNECTION WITH THE ANTICIPATED

PUBLIC REMARKETING OF THE SERIES 2007 BONDS; APPROVING THE

TERMS AND CONDITIONS FOR THE ISSUANCE OF A LINE OF CREDIT IN

THE AMOUNT OF $ 50 MILLION BY SUNTRUST BANK, N. A., TO THE

AUTHORITY; AUTHORIZING THE PAYMENT OF CERTAIN EXPENSES

INCURRED BY THE AUTHORITY IN PROCEEDINGS RELATIVE TO THE

MODE CHANGE; AUTHORIZING OFFICIALS OF THE AUTHORITY TO

EXECUTE AND DELIVER ON BEHALF OF THE AUTHORITY ALL

AGREEMENTS AND TO TAKE SUCH OTHER ACTIONS DEEMED

NECESSARY OR ADVISABLE IN CONNECTION WITH ANY OF THE

FOREGOING; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, pursuant to the terms of Resolution No. 2003- 005, adopted

by the Board of Supervisors of the Tohopekaliga Water Authority ( the " Issuer")

on July 17, 2003, as amended ( the " Master Resolution") the Issuer has

authorized the issuance of Bonds from time to time; and

WHEREAS, pursuant to the terms of Resolution No. 2007- 005, adopted

by the Issuer on April 11, 2007 ( the " 2007 Bond Resolution"), the Issuer

authorized the issuance of its $ 92, 395, 000 Utility System Variable Rate RevenueBonds, Series 2007 ( the "2007 Bonds"); and

WHEREAS, the 2007 Bonds were initially issued in the ARS Mode, as thatterm is defined in the 2007 Bond Resolution; and

WHEREAS, pursuant to Resolution 2008- 001 adopted on January 9, 2008, as supplemented, the Issuer authorized its executive director ( the

Executive Director") to make initial preparation and provide due notices required

to convert the 2007 Bonds from ARS Mode to a Short -Term Mode and to initiate

discussions with financial institutions seeking to enter into a contract to provide aliquidity facility for the 2007 Bonds; and

WHEREAS, the Issuer deems it necessary and desirable to authorize thechange in the interest rate mode of the 2007 Bonds from ARS Mode to WeeklyMode pursuant to the terms of the 2007 Bond Resolution; and

WHEREAS, the Issuer deems it necessary and desirable to appoint FirstSouthwest Company the remarketing agent for the 2007 Bonds ( the

Remarketing Agent") and to approve the form of a Remarketing Agreementbetween the Remarketing Agent and the Issuer substantially in the form attachedhereto as Exhibit " A" ( the " Remarketing Agreement"); and

WHEREAS, the Issuer deems it necessary and desirable to appoint TheBank of New York Trust Company, N. A. ( the " Tender Agent") as initial Tender

Agent for the 2007 Bonds and to approve the form of a Tender Agent Agreement,

substantially in the form attached hereto as Exhibit " B" between the Issuer andthe Tender Agent ( the " Tender Agent Agreement"); and

WHEREAS, the Issuer deems it necessary and desirable to authorize theinvestment by the Issuer of certain moneys in its funds and accounts in theSeries 2007 Bonds through purchase of such Series 2007 Bonds from the

Remarketing Agent; and

WHEREAS, the Issuer has received a proposal ( the "Letter of Credit

Commitment"), attached hereto as Exhibit " C", from Landesbank Hessen -

Thuringen Girozentrale ( the " Substitute Credit Facility Provider") to contract to

pay the principal of and interest on 2007 Bonds and, upon tender thereof inthe event remarketing proceeds are insufficient therefore, the purchase priceof Series 2007 Bonds tendered for purchase, all pursuant to the terms of a

Letter of Credit ( the "Alternate Credit Facility and Liquidity Facility") among

the Issuer, the Liquidity Provider and The Bank of New York, N. A., as tender

agent; and

WHEREAS, the Issuer deems it necessary and desirable to approve theterms and conditions of a commitment ( the " Line of Credit Commitment"),

attached hereto as Exhibit " D", for the establishment of a Line of Credit with

SunTrust Bank ( the " Bank") in the amount of $ 50 million in connection with

the investment of moneys of the Issuer in the Series 2007 Bonds; and

WHEREAS, the Issuer deems it necessary and desirable to ratify theacceptance on behalf of the Issuer of the terms of the Letter of Credit

Commitment and the Line of Credit Commitment; and

WHEREAS, the Issuer deems it necessary and desirable to ratify certainactions heretofore taken by and on behalf of the Issuer and to authorizecertain officials of the Issuer to take certain further actions as described

herein; and

WHEREAS, the Issuer hereby finds, determines, and declares that allmaterial provisions of the 2007 Bond Resolution with respect to the change in

Mode of the 2007 Bonds from the ARS Mode to the Weekly Mode have beencomplied with or that compliance therewith has been waived by all partieshaving an interest therein;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY, AS

FOLLOWS:

STATUTORY AUTHORITY, DEFINITIONS AND FINDINGS

AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted

pursuant to the provisions of Chapter 2003- 368, Laws of Florida ( Tohopekaliga

Water Authority Act) ( as amended and supplemented from time to time), the

Constitution of the State of Florida and other applicable provisions of law, the

Master Resolution and the 2007 Bond Resolution.

DEFINITIONS. All terms used in this Resolution in capitalized form and

not otherwise defined in this Resolution ( and the recitals or preamble precedingthis Resolution), shall have the meanings ascribed to such terms in the Master

Resolution and the 2007 Bond Resolution.

FINDINGS AND DETERMINATIONS. The Board of the Issuer herebyfinds, ascertains, determines and declares that:

All findings or determinations set forth in the recitals or preamble of

this Resolution are herby incorporated by reference as if fully set forth herein.

Based upon the recommendations of the Financial Advisor, it will

be economically beneficial to the Issuer to convert the 2007 Bonds from ARSMode to Weekly Mode due to market disruptions in the overall market for suchauction rate securities and the downgrade of the Credit Facility Issuer withrespect to such Series 2007 Bonds.

Based upon the recommendations of the Financial Advisor, due to

market conditions, securities in ARS Mode with insurance by the 2007 BondInsurer currently have an interest rate of at least four hundred ( 400) basis pointshigher than securities in Weekly Mode backed by a letter of credit issued by theAlternate Credit Facility Provider;

Based upon the advice of the Financial Advisor, the likelihood that

a favorable market for ARS securities on pricing parity with Weekly Ratesecurities will return is unknown and uncertain.

Because of the characteristics of the 2007 Bonds, prevailing andanticipated market conditions and to reduce the risks related to the obtaining andpricing bonds of this type and character, it is in the best interests of the Issuer toinvest its available moneys in the 2007 Bonds pending the issuance of theAlternate Credit Facility and Liquidity Facility and public remarketing of the 2007Bonds.

APPLICATION OF PROVISIONS OF THIS RESOLUTION, THE

MASTER RESOLUTION AND THE 2007 BOND RESOLUTION. Except as

otherwise expressly set forth herein or in the Series 2007 Bonds, all covenantscontained in this Resolution, the Master Resolution and the 2007 Bond

Resolution shall be fully applicable to the 2007 Bonds.

ARTICLE II

MODE CHANGE

SECTION 2. 01. MODE CHANGE. Based upon the recommendation

by the Financial Advisor and its advice that the same shall be most economicallyadvantageous to the Issuer as provided herein, the Issuer hereby determines tochange in the Mode of the 2007 Bonds from ARS Mode to Weekly Mode as ofApril 10, 2008.

SECTION 2. 02 RATIFICATION OF NOTICES AND OTHER

ACTIONS. All actions taken by or on behalf of the Issuer in connection with thechange in the Mode of the 2007 Bonds from ARS Mode to Weekly Mode, including but not limited to publication of necessary notices therefore, are herebyratified and confirmed as the actions of the Issuer.

ARTICLE III

REMARKETING AGENT AND AGREEMENT

The Issuer hereby appoints First Southwest Company as the RemarkingAgent pursuant to the terms of the 2007 Bond Resolution and the RemarketingAgreement, and the Remarketing Agreement, substantially in the form attachedhereto as Exhibit " A" between the Issuer and the Remarketing Agent is herebyapproved. The Chairman or the Executive Director is hereby authorized toexecute and deliver the Remarketing Agreement for and on behalf of the Issuer, subject to the changes, insertions, omissions and filling of blanks as theChairman or the Executive Director shall approve, execution thereof to be

conclusive evidence of such approval. The Secretary is hereby authorized to join

in the execution of the Remarketing Agreement or to attest to the signature of theChairman or the Executive Director, and the Chairman or the Executive Director

is hereby authorized to deliver the Remarketing Agreement to the other partythereto.

The provisions of the 2007 Bond Resolution regarding the RemarkingAgent shall remain in full force and effect unless expressly modified herein, or bysupplemental resolution thereto.

The fee paid to the Remarking Agent for its services under theRemarketing Agreement shall be five (5) basis points per annum.

ARTICLE IV

APPOINTMENT OF TENDER AGENT;

APPROVAL OF TENDER AGENT AGREEMENT

The Issuer hereby appoints The Bank of New York Trust Company, N. A. as the Tender Agent pursuant to the terms of Section 10. 05 of the 2007 Bond

Resolution, and the Tender Agent Agreement, substantially in the form attachedhereto as Exhibit " B" between the Issuer and the Tender Agent is herebyapproved. The Chairman or the Executive Director is hereby authorized toexecute and deliver the Tender Agent Agreement for and on behalf of the Issuer,

subject to the changes, insertions, omissions and filling of blanks as theChairman or the Executive Director shall approve, execution thereof to be

conclusive evidence of such approval. The Secretary is hereby authorized to joinin the execution of the Tender Agent Agreement or to attest to the signature of

the Chairman or the Executive Director, and the Chairman or the Executive

Director is hereby authorized to deliver the Tender Agent Agreement to the otherparty thereto.

The provisions of the 2007 Bond Resolution regarding the Tender Agentshall remain in full force and effect unless expressly modified herein, or bysupplemental resolution thereto.

The fee paid to the Tender Agent for its services as Tender Agent shall be

one thousand dollars ($ 1, 000) per annum.

ARTICLE V

APPROVAL OF COMMITMENTS

The Issuer hereby approves terms and conditions of the Letter of CreditCommitment in the form attached hereto as Exhibit " C". The execution and

delivery of the Letter of Credit Commitment for and on behalf of the Issuer ishereby ratified and confirmed. The Issuer hereby approves terms and conditions

of the Line of Credit Commitment in the form attached hereto as Exhibit " D". The

execution and delivery of the Line of Credit Commitment for and on behalf of theIssuer is hereby ratified and confirmed.

ARTICLE VI

EXPENSES

SECTION 6. 01 EXPENSES. Expenses incurred in effectuating thischange in Mode, including, but not limited to: bond counsel fees, rating agencyfees, disclosure counsel fees, tender agent fees, liquidity provider fees andfinancial adviser fees are authorized to be paid by the Issuer in the amountsshow in Exhibit " E" hereto.

ARTICLE VII

ADDITIONAL AUTHORIZATION

The Chairman, or in his absence or unavailability, the Vice -Chairman, andthe Executive Director and any other officers or employees of the Issuer as maybe designated by the Chairman are each hereby designated as agents of theIssuer for carrying out the transactions contemplated by this Resolution and areauthorized and empowered, collectively or individually, to take all action andsteps and to execute and deliver on behalf of the Issuer any and all documents, notices and instruments, and to do and cause to be done any and all acts andthings necessary, advisable or proper for carrying out the transactions

contemplated by this Resolution and are not inconsistent with the terms andprovisions of this Resolution, the 2007 Bond Resolution or the Master Resolution.

Such officers and those so designated are hereby charged with the responsibilityfor carrying out the transactions contemplated by this Resolution.

ARTICLE VIII

MISCELLANEOUS

SECTION 8. 01 SEVERABILITY OF INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions of this Resolution should

be held contrary to any express provision of law or contrary to the policy ofexpress law, though not expressly prohibited, or against public policy, or shall forany reason whatsoever be held invalid, then such covenants, agreements or

provisions shall be null and void and shall be deemed separate from the

remaining covenants, agreements or provisions, and shall in no way affect thevalidity of any other provisions of the Master Resolution or this Resolution or ofthe Outstanding Parity Bonds.

SECTION 8. 02 RESOLUTION EFFECTIVE DATE. This Resolution

is adopted and is in the best interests of the Issuer. This Resolution shall take

effect immediately upon its passage in the manner provided by law.

PASSED AND ADOPTED THIS 9TH DAY OF APRIL, 2008.

ATTEST:

Chairman

0John E. Moody, Secretary

BOARD OF SUPERVISORS OF

THE TOHOPEKALIGA WATER

AUTHORITY

M - Bruce R. Van Meter,

EXHIBIT A

F0121, 7, OF

EXHIBIT B

FORM OF TENDER AGENT AGREEMENT

EXHIBIT C

LETTER OF CREDIT COMMITMENT

C- 1

EXHIBIT D

LINE OF CREDIT COMMITMENT

D- 1

EXHIBIT E

EXPENSES

D- 1

CATEGORY: Old Business

Attachment( s): Design Schematics

943

Explanation: KZF will present to the Board, a revised site plan, first floor plan and

building shell plan ( building structure) incorporating the Board' s direction from theFebruary 27, 2008 meeting.

KZF will present updated plans for a 54, 000 square foot ( sf) building with a largerbuilding footprint incorporating feedback from the February 27, 2008 Board meeting. The updated plans include a revised site plan, first floor plan and building shell plan. The building shell design and site design are on the project critical path and the designcannot progress until approved. The design and permitting of the 54, 000 sf facility arescheduled to be completed 5 to 6 months following approval of the schematic designand building shell. The projected construction period for the 54, 000 sf facility is 12months with an early start of the site work.

The second and third floor plans will be developed following approval of the buildingshell plan.

An updated construction cost estimate provided by Balfour Beatty ( CMAR) and basedon the 54, 000 sf schematic design is summarized below. Included in the summary areadditional anticipated project costs. The schematic design construction cost estimate

provided is not a negotiated estimate between staff and Balfour Beatty. The estimateexcludes previous encumbrances for the site purchase, architectural services and

CMAR preconstruction services.

Construction Estimate 40, 000 sf Finished Space 12, 026, 000 *

4th Floor Shell 2, 161, 000 *

Owner's Construction Contingency 250, 000 **

IT Equipment 100, 000 ***

Furniture, Fixtures and Equipment 350, 000

Environmental Education & Lobby Display & Art 50, 000

Threshold Inspection 40, 000

Construction Materials Testing 40, 000

Impact Fees & Inspection Fees

Project Management & Construction Support 220, 000

Additional Design for $ 14, 000 SF space increase, estimate 135, 000

Building Permit 105, 000

Water & Wastewater Impact Fees 155, 000

Transportation Fees 580, 000

TOTAL SCHEMATIC DESIGN CONSTRUCTION ESTIMATE $ 16,212,000

Includes a 3% CMAR contingency ( estimated by staff), phone and data equipment and wiringContingency for changes TWA makes after execution of the Guaranteed Maximum PriceEstimate not based on any data

Recommendation: Staff requests Board to finalize the building shell and site plannecessary to move forward with the project design.

TWA Admin Bldg- KZF Revised Site Plan. 04.09.08. rfp

Activity

D

Activity

Description

Planned

Dur

Planned

Start

Planned Resp

Finish

200$ 20092010

F M A M J J A S O _ N D _ J F M A M J J- 1- A]-- S O_ N D J F M A M; Li-ii

1060 Prepare Design Concept for Site Development 20 09APR08 06MAY08 FHR AWPrepare Design Concept for Site Development

AFTearn Review & Approve Preliminary Site Concept

zSVIKissimmee DRC Review & Meeting

AMPrepare Preliminary Site Drawings

ffTeam Review & Approve Preliminary Site Drawings

AWPrepare Final Civil Documents

Z%Kissimmee DRC Review & Meeting

Submit Site Plan for SFLWMD Review

AMWSFLWMD Review

AFRevisions per SFLWMDComments

ANINIFFinal Review & Permit - SFLWMD

1540 Team Review & Approve Preliminary Site Concept 5 07MAY08 13MAY08 TEAM

1070 Kissimmee DRC Review & Meeting 15 14MAY08 04JUN08 FHR

1080 Prepare Preliminary Site Drawings 25 14MAY08 18JUN08 FHR

1530

1000

Team Review & Approve Preliminary Site Drawings

Prepare Final Civil Documents

5

25

19JUN08

26JUN08

25JUN08 TEAM

31JUL08 FHR

1090 Kissimmee DRC Review & Meeting 15 26JUN08 17JUL08 FHR

1010 Submit Site Plan for SFLWMD Review 0 01AUG08 FHR

1020 SFLWMD Review 30 01AUG08 12SEP08 FHR

1030

1040

Revisions per SFLWMD Comments

Final Review & Permit - SFLWMD

10

30

15SEP08

29SEP08

26SEP08 FHR

07NOV08 FHR

1100 Review Site / Landscape Concept Narrative 20 09APR08 06MAY08 BH Review Site / Landscape Concept Narrative

QTeam Review & Approve Prelim Landscape Concept

Z/Kissimmee DRC Review & Meeting / Landscape

Z=Prelim. Site Landscape / Irrigation Submittal

z' Team Review Prelim... L' Scape / Irrig. Submittal

Kissimmee DRC Review & Meeting - Landscape

zl Prepare Final Landscape / Irrigation Drawings

Submit for Site Plan Review

1550 Team Review & Approve Prelim Landscape Concept 5 07MAY08 13MAY08 TEAM

1110 Kissimmee DRC Review & Meeting / Landscape 15 14MAY08 04JUN08 BH

1120 Prelim. Site Landscape / Irrigation Submittal 25 14MAY08 18JUN08 BH

1560

1130

Team Review Prelim. L' Scape / Irrig. Submittal

Kissimmee DRC Review & Meeting - Landscape

5

15

19JUN08

26JUN08

25JUN08 TEAM

17JUL08 BH

1140 Prepare Final Landscape / Irrigation Drawings 25 26JUN08 31JUL08 iBH

1150 Submit for Site Plan Review 0 01AUG08 BH

F M A M' J J A S OTND J F M A M< 2'J $

2009 '' 3010

Start Date 20FEB08

Finish Date 02MAR10

Data Date 20FEB08

Run Date 03APR08 13: 16

Primavera Systems, Inc.

Early Bar

Progress Bar

EMEW Critical Activity

T01- 13 Sheet 1 of 3

Balfour Beatty Construction

Toho Water Authority

Preliminary Precon Schedule

Date Revision Checked Approved

1390 Conceptual Budget Verification from 50% SD' s 10 25FEB08` 07MAR08 BBC

1160 Complete Schematic Design 30 09APR08 20MAY08 KZF

1270 Board Approve 50% Schematic Design 0 09APR08" TWA

1170 TWA Review 100% Schematic Design 10 21 MAY08 04JUN08 TWA

1250

1180

Estimate from 100% Schematic Design Documents

100% Schematic Design Review - Bldg & Site

25

0

21 MAY08 25JUN08 BBC

05JUN08 KZF

1430 Board Approve Final 100% Schematic Design 0 05JUN08 TWA

1260 Team Review & Approve Schematic Estimate 5 26JUN08 02JUL08 TEAM

1190

1420

Design Development Documents

Board Approve Design Development Documents

45

0

21 MAY08 24JUL08 KZF

24JUL08 TWA

1280 Design Development Estimate 25 25JUL08 28AUG08 BBC

1290 Team Review & Approve DD Estimate 10 29AUG08 12SEP08 ( TEAM

1200 Final Construction Documents 50 25JUL08 030CT08 KZF

1210 Issue Final CD' s for Permit 2 060CT08 070CT08 KZF

1220 Initial Permit Review 20 080CT08 04NOV08 KZF

1300 GMP from 100% CD' s 30 080CT08 18NOV08 BBC

1230

1240

1310

Revisions from Permit Comments

Final Permit Review

Receive Subcontractor Bids - GMP

10

10

0

05NOV08

19NOV08

19NOV08

18NOV08 KZF

04DEC08 KZF

BBC

Start Date 20FEB08Early Bar

T01- 13

Finish Date 02MAR10 `"'

Data Date 20FEB08Progress Bar

Run Date 03APR08 13: 16 Critical Activity





eptual Budget Verification from 50% SD' s

11Wcomplete Schematic Design

pard Approve 50% Schematic Design

L17TWA Review 100% Schematic Design

Estimate from 100% Schematic Design Documents

100% Schematic Design Review - Bldg & Site

Board Approve Final 100% Schematic Design

7Team Review & Approve Schematic Estimate

ARIEWDesign Development Documents

Board Approve Design Development Docu

Z= Design Development Estimate

zS%Team Review & Approve DD Estimat+

AMENEWFinal Con:

Issue Fin

Initial

AMWGMF

AffRevi

Fir

Recti

2008

Sheet 2 of 3

Activity

D

Activity

Description

Planned

Dur

Planned

Start

Planned Resp

Finish

200$ 20092010

F M A M J J A S O _ N D _ J F M A M J J -1 - AIS O_ N D J F M A M; Li-ii

1320 Subcontractor Interviews & Scope Meetings 15 19NOV08 11 DEC08 BB AWSubcontractor Interviews & Scope Meetings

Final Building Permit

Submit Final GMP to Owner

AWOwner Review & Approve Final GMP

Board Approve Final GMP

Notice to Proceed - Building Construction

1410 Final Building Permit 0 04DEC08 BBC

1330

1340

Submit Final GMP to Owner

Owner Review & Approve Final GMP

0

10 12DEC08

11 DEC08 BBC

29DEC08 TWA

1400 Board Approve Final GMP 0 30DEC08 TWA

1350 Notice to Proceed - Building Construction 0 31 DEC08 TWA

1440

al

Issue Early Civil Package for GMP Bidding 0 01AUG08 BBC Issue Early Civil Package for GMP Bidding

ANWEarly Civil GMP Bid Period

Receive Subcontractor Bids - Early Civil GMP

AWSubcontractor Interviews & Scope Meetings

Submit Final Civil GMP to Owner

AwOwner Review & Approve Final Civil GMP

Board Approve Final, Civil GMP

Notice to Proceed - Civil

AISSEMMobilization / Site Clearing & Grading

Building Construction

Substantial Completio

Final Close- out / Move- irAOM

1450 Early Civil GMP Bid Period 30 01AUG08 12SEP08 BBC

1460 Receive Subcontractor Bids - Early Civil GMP 0 12SEP08 BBC

1470 Subcontractor Interviews & Scope Meetings 10 15SEP08 26SEP08 BB

1480

1490

Submit Final Civil GMP to Owner

Owner Review & Approve Final Civil GMP

0

17 29SEP08

26SEP08 BBC

21 OCT08 TWA

1500 Board Approve Final Civil GMP 0 220CT08 TWA

1510

1520

1360

Notice to Proceed - Civil

Mobilization / Site Clearing & Grading

Building Construction

0

45

254

10NOV08

19JAN09

270CT08 TWA

16JAN09 BBC

19JAN10 BBC

1370 Substantial Completion 0 19JAN10 BBC

1380 Final Close- out / Move - in 30 20JAN10 02MAR10 BBC

F i MI kI M'

11'J J ` iA S O N D J F M A MIJ J ` A S 10 N D J F ` M A M J

2008 2009 1 2010

Start Date 20FEB08

Finish Date 02MAR10

Data Date 20FEB08

Run Date 03APR08 13: 16


Early Bar

Progress Bar

Critical Activity

T01- 13 Sheet 3 of 3




Date Revision Checked Approved