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Tohopekaliga Water Authority101 North Church Street, 2 nd Floor

Kissimmee, FL 34741

www. tohowater. com

Board of Supervisors

Bruce R. Van Meter, Chairman

John E. Moody, SupervisorJames W. Wells, Vice - Chairman

Fernando E. Valverde, Supervisor

Richard L. Hord, Supervisor

Raul S. Banasco, Supervisor

Brian L. Wheeler, Executive Director

Mike Davis, AttorneyNilsa C. Diaz, Executive Assistant

AGE1%IIIII

DA

AUGUST 12, 2009

5: 00 PM

MEETING CALLED TO ORDER

INVOCATION AND PLEDGE OF ALLEGIANCE

APPROVAL OF THE AGENDA

AWARDS AND SPECIAL PRESENTATIONS:

RECOGNITION OF THE EMPLOYEE AND THE TEAM OF THE QUARTER

FOR THE SECOND QUARTER OF 2009

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

The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board ofSupervisors. 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 fromthe Consent Agenda and placed upon the Regular Agenda for debate.

TOHO_MAIN_HQ\THUNTERhttp://www.tohowater.com/

A. APPROVAL OF MEETING MINUTES FROM JULY 22, 2009

B. OSCEOLA PARKWAY PHASE 1 ROAD WIDENING INTERLOCAL

AGREEMENT WITH OSCEOLA COUNTY

C. APPROVAL OF CHANGE ORDER NO. 7 TO THE CONTRACT

WITH JR. DAVIS CONSTRUCTION FOR THE NEPTUNE ROAD

WATER AND SEWER ADJUSTMENT PROJECT

D. APPROVAL OF CLANCY & THEYS CONSTRUCTION COMPANY' S

GUARANTEED MAXIMUM PRICE FOR THE JOHN YOUNG PARKWAY

ROAD WIDENING PROJECT

E. APPROVAL OF BID FOR THE PURCHASE OF FORKLIFT FOR

WAREHOUSE

F. BID RECOMMENDATION FOR TOHOPEKALIGA WATER AUTHORITY

POINCIANA WWTP # 1 FLOW• PUMP STATION

FORCE MAIN

8. INFORMATIONAL PRESENTATIONS ( REQUIRING NO ACTION)

9. UNFINISHED BUSINESS:

A. REPORT ON " ANALYSIS OF THE AUTHORITY' S FIXED COSTS"

10. NEW BUSINESS

11. STAFF REPORTS

12. BOARD OFFICIALS

RECOGNITION OF THE EMPLOYEE AND THE TEAM OF THE QUARTER FOR THE

SECOND QUARTER OF 2009

Explanation: On a quarterly basis, the Employee Recognition Committee meets toreview nominations submitted by fellow employees and supervisors for the Employee ofthe Quarter and the Team of the Quarter. For the third quarter of FY 2009, April to June

2009, nominations for the Employee and the Team of the Quarter were received. Jason

Diefenbaugh was selected as the Employee of the Quarter. Field Operations

Construction Crew; Les Powell, John Partin, Fernando Fontanez, Mike Sayoc, and

Mitchell Watford, was selected as the Team of the Quarter.

Jason Diefenbaugh was selected as Employee of the Quarter. Jason joined the

Authority in August 2003 as a Temporary Construction Inspector. His position was

subsequently reclassified to a permanent position and today Jason is being recognizedfor his work as the Construction Inspector assigned to the Camelot WRF Rehabilitation

and Expansion project. This plant has undergone several expansion projects in the past

however; underground piping, electrical duct banks, and other buried appurtenancesremained undocumented. The lack of proper documentation is one of the main reasons

for unforeseen conditions being encountered during projects and typically results inincreased project costs. Jason has provided exemplary support and assistance to theengineering staff, plant operations staff, and the contractor in trying to determine whatunderground piping and electrical services operational or abandoned, and confirmed theoverall operation of the plant. He relentlessly and tirelessly explored the workings of theplant to make the job run efficiently for the contractor and to assist engineering andoperations staff with making better informed decisions. Jason' s proactive efforts helpavoid increases in project construction costs due to unforeseen conditions. Jason has

proven himself to be an excellent inspector and an asset to the Authority.

It is for these reasons that Jason Diefenbaugh was selected Employee of the Quarter.

TEAM OF THE QUARTER:

Field Operations Construction Crew; Les Powell, John Partin, Fernando Fontanez, Mike

Sayoc, and Mitchell Watford, was selected as team of the quarter. The construction

crew recently began working on larger projects normally reserved for outside

contractors. The work performed thus far has been outstanding. The formation theconstruction crew has increased productivity by shortening project completion times. This crew operates as a quick strike team available to respond immediately whenneeded and flexible enough to assist other crews and divisions on a continuous basis

when called to do so. The results of an efficiently run Field Operations ConstructionCrew is increased service and productivity along with a realized cost savings to theAuthority.

It is for these reasons that the Field Operations Construction Crew; Les Powell, John

Partin, Fernando Fontanez, Mike Sayoc, and Mitchell Watford, was selected Team of

the Quarter.

Recommendation: Staff requests that the Board of Supervisors present Jason

Diefenbaugh with the Employee of the Quarter Award, and employees Les Powell, John

Partin, Fernando Fontanez, Mike Sayoc, and Mitchell Watford with the Team of the

Quarter Award.

Awards and Presentations

PRESENTATION OF RICK KEY' S RETIREMENT GIFT

Attachments: None

Explanation: Rick Ley, a " B" level licensed wastewater operator, is retiring after 20 anda half years of combined service with the City of Kissimmee Water ResourcesDepartment and Toho Water Authority.

Rick started his employment with the City of Kissimmee on December 12, 1988. He worked at the South Bermuda WRF as an operator trainee. He became a licensed

C" level wastewater operator in 1990; he was transferred to the Parkway WRF in 1993. In 1994, he obtained his " B" level wastewater license and in the year 2000 he was

transferred to the Sandhill WRF where he spent the remainder of his service years. He

has served the company and its customers professionally and courteously over theyears. Rick is a valued member of the wastewater operation staff and he will be

sincerely missed.

Note: Rick is currently an amateur league bowler, but will now spend his free timepursuing a career in the " Professional Bowler Association" senior tour bowling league. That' s when he' s not riding around in his retirement gift; a 2005 Corvette Convertible)

We would like to recognize Rick for his many years of service and wish him well in hisfuture endeavors.

Recommendation: Staff recommends presentation of retirement gift to Rick Ley.

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Description j Regular meeting of the Tohopekaliga Water Authority. Present at the 1,

meeting were Supervisor John Moody, Attorney Mike Davis, Chairman rBruce R. Van Meter, Vice Mayor Jerry Gemskie, Supervisor Jim Wells,! Supervisor Fernando Valverde, Executive Director Brian Wheeler, 1Executive Assistant Nilsa Diaz, Commissioner Harford, and Supervisor

Raul Banasco. Supervisor Dick Hord was not in attendance. r

Date 7/ 22/ 2009 1 Location j City of Kissimmee Commission ChambersTime Item Minutes

5: 00: 54 PM Meetingw w _------------------------------------------------ _

I Chairman Bruce Van Meter called the meeting to order atcalled to115: 00 PM. 1

order

5. 01. 47 PM Invocation The Invocation was given by the Executive Director, Brian Iand Pledge Wheeler and Supervisor John Moody led the audience inof Allegiance ; the Pledge of Allegiance.

5: 01: 51 PM i Executive Director Brian Wheeler requested the addition ofItem 9A. APPROVAL OF ADVERTISEMENT FOR A

PUBLIC HEARING FOR USER FEE AND RATE

Approval of j CHANGES ON AUGUST 26, 2009. the Agenda 1 z

Supervisor Moody moved for approval of the Agenda withthe addition of Item 9A; Supervisor Wells seconded the

motion. Motion carried 5 to 0.

5: 02: 59 PM Awards and

m _

Nonepresentations

w_ — ..

5: 03: 05 PM PublicNone

hearing

5: 03: 11 PM Hear theNo one came forth

audience

5: 03. 16 PM Executive Director Brian Wheeler asked to pull Item 7A and

Supervisor Wells asked to pull Item 7B. Supervisor Moody'; motioned for approval of the Consent Agenda with the

removal of Items 7A and 7B for discussion. Supervisor;

Valverde seconded the motion. Motion carried 5 to 0.

Consent

agenda 17A. The minutes for July 8, 2009 had to be corrected due totheir reflecting that Supervisor Valverde was present at themeeting but he was not present; the votes were publishedcorrectly. Supervisor Wells motioned for approval of Item7A with the corrections. Supervisor Banasco seconded the

motion. Motion carried 5 to 0.

7B. Supervisor Wells stated that he would move for

approval of the contract but only for the first year; does notlike 3 year contracts because of too much economic

uncertainty at the present time affecting the dynamics ofthe workload and the ability for people to bid on jobs. Supervisor Wells moved for approval of the contract for one

year with an option to renew. Supervisor Moody secondedthe motion. Motion carried 5 to 0.

5: 06: 39 PM Informational Investment Report Presentation for the Quarter Endingpresentation I June 30, 2009.

5: 28: 36 PM 19A. APPROVAL OF ADVERTISEMENT FOR A PUBLIC

HEARING FOR USER FEE AND RATE CHANGES ON

AUGUST 26, 2009. At the July17t"

Budget Workshop, theBoard gave direction to the staff to develop a proposedwater and wastewater rate adjustment for FY2010 which

provides an equal dollar amount impact to the average

residential bill for all the Toho Systems. Chairman Van

Meter asked why the proposed rates presented did notresult in an absolutely equal dollar impact on all of theprojected average residential bills. Executive Director

Wheeler explained that the nuances of the rates workingwith the different systems make it difficult to get the bills

equal to the penny. Rick Figueroa of Business Services, who worked on the rate design, advised the Board that a

one penny change in the rates resulted in a 6 cent changem the average bill. Supervisor Wells requested a

Unfinished breakdown of the Authority's fixed costs and asked if theBusiness information was to be analyzed in- house. Executive

Director Wheeler said that staff can go back to the rate

consultant who should have this information readilyavailable. Supervisor Wells made a motion to put this

issue on the next agenda and procure the information in

the most cost- effective way. Chairman Van Meter re -statedthe motion which was to direct the Executive Director to

provide the Board with the Authority' s fixed costs and howI they are dealt with in the rates.

Supervisor Wells made a motion to lower the base rate on

the Toho I system by one penny to result in the averageresidential water and wastewater utility bill being $ 1. 56. Supervisor Valverde seconded the motion. Motion carried

5 to 0. Chairman Van Meter added that Commercial

accounts are also included in the motion.

Supervisor Wells asked what the increase would be on the

commercial rates and was told it would be the same as

residential; 4. 9%. There was discussion of the Toho II

Harmony) System rates and how to adjust them to createthe equal bill impact desired. The procedure for setting aseparate tariff for Harmony was discussed. The proposed

rates will advertised for public hearing and at the hearingthe Board may lower the advertised rates but cannotincrease them.

Supervisor Wells made a motion to up the base rate onToho I; city and county and the averaging of the

commercial rate up to $ 9. 80 and develop a commercial ratefor Harmony that reflects the $ 9. 80. Supervisor Valverdeseconded the motion. Motion carried 5 to 0.

Chairman Van Meter said that there was something in thereport on the impact fees. Supervisor Wells commented

that there has to be a 90 day window between when it getsadvertised and it goes into effect. Supervisor Wells moved

for approval of advertising the impact fee increase basedon the Engineering News Record Construction cost index. Supervisor Banasco seconded the motion. Motion carried

5to0.

Supervisor Valverde asked in what newspapers the rate

hearing would be advertised. The advertisement for the

public hearing will be advertised in the Orlando Sentinel, Lakeland Ledger, Osceola Gazette, and the website. Mr.

Valverde asked if it could be sent out on the billing fromKUA because the Polk County portion of Poinciana doesnot receive the Osceola Gazette. Staff will look to insure a

publication that has circulation in the area carries the

advertisement. Supervisor Banasco asked if it was

advertised in bilingual papers and advised that the EI

Sentinel will carry the advertisement.

5: 58:42 PM a I Rick Figueroa presented the financial report for June 2009.

There were no questions on the Major Project Summaries

report.

Staff report

Executive Director Wheeler advised of the EPA Climate

Showcase Grant application submission and the

organizational changes at South Florida Water

Management District.

ii

Chairman Van Meter asked Commissioner Harford if he

had anything to say about the comments made at thecounty commission meeting and he said that he had asked

jthe Commission auditor, Kathy Wall, to look into some!

numbers having to do with the Authority. I

Supervisor Valverde wanted to discuss the sponsorship to rthe schools in Poinciana and Chairman Van Meter;

suggested he get with Mr. Wheeler. Supervisor Valverde

added that he was surprised with the money allotted formarketing and that he does not see a communications planfor the Authority. He says he found out at the workshop,

Ion Friday that the two outside Marketing firms had been! cut. He would like to submit to the board a letter;

crystallizing his thoughts and offered his help to work withstaff. He feels that the Authority is way behind in this area. Chairman Van Meter asked what Supervisor Valverde was

proposing and suggested he put his thoughts down onpaper and get them to the Executive Director so it can be

discussed at a future board meeting

6: 40. 49 PM There being no further business to come before the Board, Chairman Van Meter adjourned the meeting at 6: 40 PM.

Chairman Bruce R. Van Meter

Adjourned

Secretary John E. Moody

CATEGORY: Consent

Attachment( s): Interlocal Agreement

OSCEOLA PARKWAY PHASE 1 ROAD WIDENING INTERLOCAL

AGREEMENT WITH OSCEOLA COUNTY

EXPLANATION: Osceola County' s Osceola Parkway Phase 1 Road Widening projectextends from the Florida Turnpike to Buenaventura Boulevard. To avoid conflicts with

the proposed roadway improvements and improve water service the TohopekaligaWater Authority ( the Authority) will relocate approximately 200 lineal feet of existing 8 - inch force main and replace 5, 500 lineal feet of existing 12 -inch water main with 24 -inchwater main, the length of the project.

An Interlocal Agreement ( the Agreement) with the County has been negotiated toconstruct the utility work in conjunction with the roadway improvements under theCounty's Construction Manager at Risk ( CMAR) contract. The Authority's constructionplans and specifications govern the utility construction and the Authority' s staff hasapproval authority for the utility construction including acceptance of the work, payrequest approval and change order negotiation. The Authority will reimburse the Countyfor approved utility work based upon the monthly construction pay requests. The

Authority will provide construction inspection services for the utility work.

The Agreement requires the CMAR to receive a minimum of three bids for the utilitywork.

The Authority will be responsible for payment of work directly related to utilityconstruction only.

The Agreement is based on the Interlocal Agreement between the Authority andOsceola County for the John Young Parkway Road Widening project, reviewed andapproved by the Authority' s general counsel, Bryant, Miller & Olive. The John YoungParkway Interlocal Agreement was approved at the July 8, 2009 Board meeting.

RECOMMENDATION: Staff recommends approval of the Interlocal Agreement

between Osceola County and the Authority for the Osceola Parkway Phase 1 RoadWidening project.

Osceola Parkway Ph. 1— Interlocal Agreement. em. 08. 12. 09

INTERLOCAL AGREEMENT BETWEEN

THE TOHOPEKALIGA WATER AUTHORITY

AND OSCEOLA COUNTY

RELATING TO UTILITY INSTALLATION AND MAINTENANCE

ON OSCEOLA PARKWAY PHASE I

THIS AGREEMENT is entered into by and between the Tohopekaliga Water

Authority, an independent special district established and created pursuant to Chapter

1. 89, Florida Statutes, 101 North Church Street, Kissimmee, Florida 34741, hereinafter

referred to as " TWA", and Osceola County, a political subdivision of the State of Florida,

1 Courthouse Square, Kissimmee, Florida 34741, hereinafter referred to as " COUNTY".

WHEREAS, Florida Statutes, Chapter 163, known and cited herein as the

Florida Interlocal Corporation Act of 1. 969," or " Act" authorizes local governmental

units to make the most efficient use of their powers by enabling them to cooperate with.

each other; and

WHEREAS, under the Act the County and TWA may exercise jointly with each.

other or another government, any power, privilege, or authority which such governments

share, in common and which each might exercise separately; and

WHEREAS, the objectives of this Agreement achieve a public purpose, and each

of the parties represents to the other that they have the power, privilege and authority to

undertake and enter into this Agreement; and

WHEREAS, the COUNTY will be constructing improvements on. Osceola

Parkway Phase I, hereinafter referred to as the " Project"; and

WHEREAS, TWA currently owns, operates, and maintains utilities in the

existing Osceola Parkway Phase I right of way and desires to continue to own, operate

and maintain utilities in the future in the Osceola Parkway Phase I right of way after the

completion of the Project; and

WHEREAS, the COUNTY needs TWA to relocate its utilities and TWA wishes

to construct new utilities into an area of the COUNTY' s right of way which does not

conflict with the actual roadway or other portions of the Project; and

WHEREAS, TWA and the COUNTY agree to cooperate and coordinate in the

construction of the needed roadway and utility improvements in an economic, timely and

efficient manner.

NOW, THEREFORE, in consideration of the mutual promises contained herein.

and other good and valuable consideration, the receipt of which is hereby acknowledged,

TWA and the COUNTY do hereby agree as follows:

SECTION 1.

Each of the above stated recitals is declared to be true and correct and is

incorporated into this Agreement as if fully set forth hereafter.

SECTION 2.

This Agreement shall remain in full force and effect until such time as same is

terminated by the mutual written Agreement of the parties.

SECTION 3.

TWA shall be responsible for all costs associated with the design and construction

services necessary for the relocation of its utility lines and construction of new utilities

within the new right of way limits of the Project.

SECTION 4.

The COUNTY shall provide reasonable notice of and TWA shall attend all of the

project pre -construction meetings held by the COUNTY to ensure that its proposed utility

work does not conflict with the design of the Project unless mutually agreed otherwise

between the COUNTY and TWA.

SECTION 5.

The COUNTY and TWA have each completed their respective designs for the

proposed roadway and utility improvements. The COUNTY has contracted with a

Construction Manager at Risk ( CMAR) hereinafter referred to as the " Construction

Manager" for the delivery of the roadway construction improvements. The COUNTY

agrees to and has directed its Construction Manager to incorporate TWA' s utility plans

into the plans for the Project along with any and all documents necessary for bidding

purposes.

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SECTION 6.

By and through its Construction Manager, the COUNTY will competitively bid:

1.) the Project; 2.) the construction services as related to the relocation of TWA' s existing

utility line; and 3.) the construction of TWA' s new utility lines.

SECTION 7.

TWA shall participate in the COUNTY' s bid selection process to ensure that the

cost of its utility work is acceptable. The COUNTY shall contract for construction.

management and cause the diligent completion of the Project, including the relocation of

TWA' s existing utility lines and the construction of TWA' s new utility lines. TWA shall

communicate and coordinate directly with the COUNTY' s designated Construction

Manager on all issues throughout the duration of the construction.

The COUNTY shall require its Construction. Manager to obtain a minimum of

three bids from qualified contractors. TWA shall be responsible for payment of bid items

in water, wastewater, and reuse bid form only. TWA shall have the right to reject bids

for work for which TWA is responsible.

COUNTY and TWA agree that the construction documents including the

specifications and general conditions of TWA are hereby incorporated herein and become

part of this Agreement. Said construction documents shall govern the process and

procedures of all aspects of the performance of the construction services as related to the

relocation of TWA' s existing utility lines and the construction of TWA' s new utility

lines, including but not limited to, the process for change orders, payment applications

and approvals and other matters that may arise during the construction of the Project.

TWA shall at all times have the right to inspect and approve or reject the utility

work and shall do so in a timely manner so as not to delay the Project. The COUNTY

shall invoice TWA monthly for all approved work associated with the relocation of

TWA' s existing utility lines and the construction of TWA' s new utility lines which has

been completed and approved during the previous 30 day period. TWA shall approve all

invoices for utility work completed, and shall negotiate and approve all change orders for

utility work and shall do so in a timely manner so as not to delay the Project. TWA

agrees to remit payment to the COUNTY for said services within 30 days of the TWA' s

receipt of same.

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TWA and the COUNTY agree to coordinate closely on the Project schedule.

Should TWA' s utility work be delayed for any reason within TWA' s control, TWA shall

be responsible for any and all costs associated with the resulting time delays to the

COUNTY' S portion of the work being performed by the Construction Manager and/ or its

sub contractors.

Likewise, should COUNTY' S work be delayed for any reason within

COUNTY' S control, COUNTY shall be responsible for any and all costs associated with.

the resulting time delays to TWA' s portion of the work being performed by the

Construction Manager and/ or its subcontractors.

If, during the course of construction, temporary planned or unplanned cessation of

TWA' s utility services occurs due to construction activities, it shall not constitute a

breach of this Agreement on the part of either party hereto and neither party shall be

liable to the other for damage resulting from such cessation of services. This release of

liability shall not be construed to release the Construction Manager or its subcontractors

awarded the construction contract or any other third party from any liability for any

damage from whatever cause whatsoever.

In the event that damage to the COUNTY' s completed work occurs during

construction by TWA' s utility construction, said damage will be replaced at no cost to the

COUNTY by TWA.

In the event that damage to TWA' s completed work occurs during construction by

the COUNTY' s road construction, said damage will be replaced at no cost to TWA by

the COUNTY.

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SECTION 8.

The COUNTY will insure that all necessary construction permits for the roadway

improvements also meet the needs of TWA' s proposed improvements; however, TWA is

responsible for obtaining all permits that are specific to the relocation of its existing

utility lines and the construction of its new utility lines. The COUNTY shall waive the

right of way permit and all associated fees for TWA' s utility work for this project. TWA

will waive water and sewer impact fees for temporary construction facilities.

SECTION 9.

At all times subsequent to Project completion, TWA shall obtain the necessary

permits in order to maintain and/ or repair the utility lines located in the relevant

COUNTY right of way. In the event of an emergency, TWA shall notify the COUNTY

of its need to work in the right of way, but, at the very least, will ensure proper

maintenance of traffic during the repair work. TWA' s continued use of the subject right

of way shall not impede the use of the roadway or other portions of the Project, or the

COUNTY use and/ or enjoyment of same.

SECTION 10.

The COUNTY reserves the right to amend the right of way descriptions from time

to time, and said amendments will not materially change the intent of this Agreement.

The COUNTY will notify TWA of any changes to the right of way descriptions within

five business days.

SECTION 11.

TWA has the right to participate in any dispute resolution proceedings with the

contractor related to TWA utility work so long as TWA pays its proportionate share of

any associated costs. The County, to the extent provided by law, shall defend, save,

and hold harmless TWA from any and all legal actions, claims or demands by any person.

or legal entity against TWA arising out of any negligent act of the County' s officers,

employees, servants, or agents, during construction of the Project. TWA, to the extent

provided by law, shall defend, save, and hold harmless TWA from any and all legal

actions, claims or demands by any person or legal entity against the County arising out of

any negligent act of TWA's officers, employees, servants, or agents, during construction. of the Project. However nothing contained herein shall constitute a waiver of any of

either party' s sovereign immunity and the limitations set forth in Section 768. 28, Florida

Statutes.

SECTION 12.

This Agreement, including referenced exhibits and attachments hereto, constitutes

the entire Agreement between the parties and shall supersede, replace and nullify any and

all prior Agreements or understandings, written or oral, relating to the matters set forth

herein, and any such prior Agreements or understandings shall have no force or effect

whatsoever on this Agreement.

SECTION 13.

The laws of the State ofFlorida 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 14.

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 15.

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 of option.

herein contained, shall not be construed as a waiver or a relinquishment for the future of

any such covenant, term, provision, or condition, or right of election, but same shall

remain in full force and effect.

SECTION 16.

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

to the last known mailing address, or address provided by the other party, shall constitute

sufficient notice to the COUNTY and TWA. All notices required and/ or made pursuant

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to this Agreement to be given to the COUNTY and TWA shall be in writing and given by

way of the Unites States Postal Service, first class mail, postage prepaid, addressed to the

following addresses of record:

COUNTY: Osceola County

Attn: County Manager

1 Courthouse Square, Suite 4700

Kissimmee, Florida 34741.

Copy to: Osceola County Public Works Department

Attn: Public Works Administrator

1 Courthouse Square, Suite 31. 00

Kissimmee, Florida 34741.

TWA: Tohopekaliga Water Authority

Attn: Executive Director

1. 01 North Church Street

Kissimmee, Florida 34741.

Copy to: Tohopekaliga Water Authority

Attn: Director of Engineering

1. 01 North Church Street

Kissimmee, Florida 34741.

SECTION 17.

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 18.

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.

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SECTION 19.

This Agreement shall become effective upon execution by both parties.

SECTION 20.

The COUNTY shall record this Agreement, as required by the Act, immediately

following the execution by both parties, and provide a copy evidencing recordation toTWA.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly

executed through their authorized representatives, on the respective dates set forth below.

ATTEST:

Clerk/Deputy Clerk of the Board

Secretary

BOARD OF COUNTY COMMISSIONERS

OSCEOLA COUNTY, FLORIDA

John Quinones - Chairman

TOHOPEKALIGA WATER AUTHORITY

Bruce Van Meter - Chairman

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CATEGORY: Consent

Attachment( s): None

APPROVAL OF CHANGE ORDER NO. 7 TO THE CONTRACT WITH JR.

DAVIS CONSTRUCTION FOR THE NEPTUNE ROAD WATER AND SEWER

ADJUSTMENT PROJECT

EXPLANATION: The Neptune Road Water and Sewer Adjustment project was

designed and constructed concurrently with Osceola County' s Neptune Road

improvement project. The project includes the installation of approximately 6, 963 linealfeet of 16" polyvinyl chloride ( PVC) force main, 2, 700 lineal feet of 8" and 10" gravitysewer with associated manholes, the relocation of 2, 600 lineal feet of existing 12" and6" force main, and the relocation of 3,455 lineal feet of existing 16", 12", 8" and 6" watermain from Westchester Drive to Partin Settlement Road. The 16" force main will provide

wastewater service to the proposed Toho Preserve DRI and the gravity sewer systemwill provide service to vacant and developed properties near the Partin Settlement Road

Neptune Road area. The Board approved awarding the contract to Jr. DavisConstruction on November 8, 2006.

The attached change order for $ 78, 137. 14 extends 24 new water services to vacant lots

and existing homes currently on private wells. The construction plans required theextension of existing water services up to the new right-of-way line. These 24 additionalservices will provide water service to new customers. The cost of the new services will

be recovered from the home owners if they elect to connect to the potable system. Thecost of the work includes mobilization of equipment previously not on site; directionalboring of services; connection of services to the existing water main; installation ofcorporation and curb stops; installation of meter boxes; record drawings and an

additional bond fee of 1. 5% of the cost of the work. The prices used for this work were

compared to the prices for the completed Canterbury water service replacement project. The cost per lineal foot for the Canterbury project was $ 18. 00 per lineal foot. The costfor the water services for this change order is $ 17. 90 per lineal foot. The contract bid

unit price for extending water services up to the new right-of-way is $ 118. 42 per linealfoot.

The change order will be funded by W10811.

RECOMMENDATION: Staff recommends approval

contract with Jr. Davis Construction Company in theNeptune Road Water and Sewer Adjustment Project.

Neptune Road - Change Order No 7. 08. 12. 09. em

of Change Order No. 7 to the

amount of $ 78, 137. 14 for the

rZ«7

CATEGORY: Consent 7D

Attachment( s): None

APPROVAL OF CLANCY & THEYS CONSTRUCTION•

GUARANTEED MAXIMUM PRICE FOR THE JOHN YOUNG PARKWAY ROAD

WIDENING PROJECT

EXPLANATION: The John Young Parkway Road Widening project proposed byOsceola County extends from Carroll Street to the Orange County line. To avoid

conflicts with the proposed roadway improvements the Authority is required to relocateexisting water and reuse mains. The project consists of the relocation of 40 lineal feet

of existing 16" reuse main; 40 lineal feet of 24" raw water main; and the extension ofapproximately 2, 000 lineal feet of 24" water main. The 24" water main will provide a

future connection to Orange County Utilities allowing transfer of water between theutilities and an emergency water supply to either utility.

An Interlocal agreement with Osceola County was approved by the Board on July 22, 2009 to construct the utility work in conjunction with the roadway improvements underthe County' s Construction Manager at Risk ( CMAR) contract. The CMAR for thisproject is Clancy & Theys Construction Company and a Guaranteed Maximum Price inthe amount of $ 808, 757. 00 ( low bid of $ 741, 360.00 plus CMAR Fee of $67, 397. 00) has

been submitted to the Authority for costs associated with the utility improvements.

Staff provided Clancy & Theys a list of eleven contractors: nine have performed work

similar to this project for the Authority in the past; two are new Authority continuingcontractors. Five of the contractors on the list were local. Three contractors submitted

bids as follows:

Responsive Bidder Bid Amount

Jr. Davis Construction Company, Inc. 741, 360. 00

Stately Contractors, Inc. 741, 500. 00

Wright' s Excavating, Inc. 785, 211. 66

In accordance with the Interlocal agreement with the County, the Authority isresponsible for the CMAR' s fee, $ 67, 397. 00, which includes profit, insurance, bonds

and contingency for the utility work. Unused contingency will be returned to theAuthority. The specific amounts included in the fee are detailed below:

Fee Description Fee Amount

Profit 37, 573. 00

Insurance 2, 860. 00

Bonds 7, 238. 00

Contingency 19, 726. 00

The project will be funded by WE401, W10602, WE0637, WE0613, WE0817, andWE0822

RECOMMENDATION: Staff recommends approval of Clancy & Theys Construction

Company' s guaranteed maximum price in the amount of $ 808, 757. 00 for the John

Young Parkway Road Widening project.

John Young Parkway — Clancy & Theys GMP. em. 08. 12. 09

CATEGORY: CONSENT 7E

W iplgi iMil. . .

Explanation: On June 5, 2009, Invitation for Bid ( IFB) 09- 070 was advertised for the

purchase of a Yale Model # ERC065GH forklift or approved equal to be used at the

Toho Water Authority' s ( TWA) newly constructed warehouse located at the SouthBermuda Water Treatment Plant ( WTP). This equipment will make it easier to

maneuver in the new warehouse. Also, due to the limited amount of space in the

warehouse, this equipment is made to be used in very narrow isle operation with theability to pivot to both sides of the aisle with a full 180 degrees of pivot, which issomething that a standard forklift cannot do.

IFB 09- 070 was opened on June 22, 2009 at 2: OOp. m. with only two ( 2) vendors

responding — Kelly Tractor Co. and Mid Florida Atlantic Inc. No responses were

received from any Osceola County vendors. In addition, both vendors submitted bidsfor an equal model forklift to the one requested in IFB 09- 070 — Doosan BC325- 5.

After a thorough review of all bids, the lowest responsive and responsible bidder for the

purchase of a forklift is Kelly Tractor Co. with a price of $59, 237.

Recommendation: Staff recommends approval of Kelly Tractor Co' s bid for thepurchase of a forklift in the amount of $ 59, 237.

PurchaseofForkliftforWarehouse. 08. 12. 09a1

Page 1 of 1

TABULATION SHEET FOR:

BID# 09- 070 Forklift for Warehouse

PAGES GO ACROSS THEN DOWN

m DATE/ TIME: 06/ 22/ 09 ( n, 2: OOPMo' READ BY: Adana Lumsden_ o 3 w

RECORDED BY Adana Lumsden

LL o pFZ._ 3rna

LL

G@

Completed Bid Fon, YES YES

Acknowledgment of Addenda 1, 2, and 3 N/ A N/ A

Drug Free Workplace Certification Form YES YESSubstitute W9 Fornn YES YES

Reference Form YES YES

Non Collusion Affidavit YES YES

Confidential Material N/ A N/ A

Business License/ Occupational License YES NO

Hold Harmless Agreement NO NO

Item Description

1 Yale Model # ERC065GH forklift or approved equal 59, 237. 00 59, 345. 00

Year 2009 2009

MFG Doosan Doosan

Model # BC 325-5 BC 325E- 5

TOTAL BASE BID 59, 237.00 59, 345.00

Estimated Time for Delivery 90 Days 60- 75 Days1 yr/2000hrs 12 months all, 24

carriage to months and

counterweight extended

5yrs/ 1000hrs Powertrain" 60

Warrant / Maintenance Length and Terms Powertrain months

Is the above price for new or like new forklift? New New

If like new, how many hours on the forklift? N/ A N/ A

Page 1 of 1

CATEGORY: Consent 7F

Attachment: Engineer' s Bid Evaluation Recommendation

ILSITA 11 VA W1 Lei• I •

Purpose: Board approval of the construction contract low bid of $ 2, 997, 631. 90 for the

WWTP # 1 Flow Diversion Pump Station and Force Main and a constructioncontingency of $ 150, 000. 00.

Explanation: Prior to the Poinciana Utility acquisition by TWA the former owner FloridaGovernmental Utility Authority ( FGUA) designed a pipeline to divert future growthwastewater flow to South Bermuda Water Reclamation Facilities ( SBWRF). FGUA

planned to leave the existing plant at 0. 5 million gallons per day capacity in service.

In order to maintain Poinciana WRF # 1 service at the permitted capacity, the plant willrequire upgrading to replace equipment in poor condition and to address hydraulicoverloads resulting in wastewater spills during heavy rain events. FDEP has issued

violations for these spills; the most recent one was issued on July 27, 2009.

The current Poinciana WWTP # 1 annual average daily flow is 0. 449 MGD. The build- out capacity for WWTP # 1' s service area is projected at 1. 46 MGD; however, WWTP # 1was not designed to accommodate a future expansion for the build -out flow. The plant is

surrounded by wetlands making it difficult and costly to expand. Subsequent to TWA'sacquisition staff directed the design consultant to size the force main to accommodate

all ( existing and future) flow from the Poinciana WRF in order to decommission theplant. Elimination of the plant and treatment of the service area flow will eliminate the

capital cost to upgrade the plant and the operations and maintenance cost to maintain

the plant in operation.

The Project, WWTP # 1 Flow Diversion Modifications, includes:

Modifications to the existing Lift Station # 1 ( LS # 1) by replacing the 2 existingsubmersible pumps with 2 higher capacity 1, 260 gallons per minute pumps,

2, 300 Linear Feet of 16" Force Main ( FM),

15, 430 Linear Feet of 20" Force Main ( FM), and

A new Booster Pump Station.

The construction project was publicly advertised in the Orlando Sentinel on 4/ 19 and4/ 26/ 2009 and in Demand Star on 4/ 22/ 2009. The bid opening was held on 6/ 11/ 2009. Thirteen bids were received. The bids are tabulated below. The base bid allows the use

of either PVC or DI pipe. It also allows the use of either HDPE or fused PVC pipe for

crossing under roadways and major drainage facilities.

Utility Systems Construction, Inc. ( USCI), the low bidder, did not include in the Bid

Documents information on related projects experience and capability. USCI alsoproposed submersible pumps that are not included in the TWA Approved Equipment

List. USCI subsequently submitted documents during the bid evaluation process provingthat it has related experience and capacity to complete the contract work; they havealso agreed to use TWA approved submersible pumps without modification to the bid

price. The Design Engineer has verified USCI' s experience and capability to constructthe project, and recommends award to the contractor.

The project will be funded by Wastewater Impact Fees under PS0701 and PE 0803.

Recommendation: Staff recommends award of the bid for the Tohopekaliga Water

Authority Poinciana WWTP # 1 Flow Diversion Modifications project to Utility SystemsConstruction, Inc. in the amount of $ 2, 997, 631. 90 and a 5% contingency amount of

150, 000 for the project.

Poinciana WWTP# 1 Flow Diversion PS & FM Bid Recommendation. kd. 08. 12. 09

BIDDER

TOTAL BASE

BID AMOUNT

1 Utility Systems Construction, Inc. 2, 997, 631. 902 Stately Contractors, Inc. 3, 023, 551. 603 RTD Construction, Inc. 3, 057, 335. 17

4 Prime Construction Group, Inc. 3, 188, 436. 005 Derrico Construction Corp. 3, 241, 986. 006 Emerald Utilities and Site Development, Inc. 3, 330, 707. 00

7 Censtate Contractors, Inc. 3, 455, 055. 47

8 Cathcart Contracting 3, 510, 983. 059 Garvey Companies, Inc. 3, 669, 105. 0010 C. E. James, Inc. 3, 854, 131. 40

11 MASCI Corp. 3, 869, 782. 5012 Phillip & Jordan, Inc. 3, 915, 509.3713 Killebrew, Inc. 4, 075, 154. 75

Utility Systems Construction, Inc. ( USCI), the low bidder, did not include in the Bid

Documents information on related projects experience and capability. USCI alsoproposed submersible pumps that are not included in the TWA Approved Equipment

List. USCI subsequently submitted documents during the bid evaluation process provingthat it has related experience and capacity to complete the contract work; they havealso agreed to use TWA approved submersible pumps without modification to the bid

price. The Design Engineer has verified USCI' s experience and capability to constructthe project, and recommends award to the contractor.

The project will be funded by Wastewater Impact Fees under PS0701 and PE 0803.

Recommendation: Staff recommends award of the bid for the Tohopekaliga Water

Authority Poinciana WWTP # 1 Flow Diversion Modifications project to Utility SystemsConstruction, Inc. in the amount of $ 2, 997, 631. 90 and a 5% contingency amount of

150, 000 for the project.

Poinciana WWTP# 1 Flow Diversion PS & FM Bid Recommendation. kd. 08. 12. 09

0,.: ARCADISenvironment, buildinqs

KhiemSiDongToho Water Authority101 N. Church Street

Kissimmee, FL 34741

Subject:

PoincianaVVVVTP No. 1 Flow Diversion Modifications

Dear Mr. Dong:

Bids for the subject project were opened onJune 11, 2000. Thirteen bids were

received, ranging from $ 2. 0O7. G31. 0Uto$ 4, 117. 134. 25. All bidders acknowledgedreceipt of the six addenda that were issued, and provided bid bonds in the amount of

five percent ofthe bid.

The addenda were issued toaddress the following:

Addendum No. 1 was issued to include requirements for the contractor to complywith provisions ofthe Davis -Bacon Act inthe event the project inbobefundadbv

federal stimulus money. The bid date was also extended bvtwo days from May 2G.

2000toMay 28. 2000tomove itaway from the Memorial Day holiday.

Addendum No. 2 was issued to address electrical issues, clarify concrete slabdetails, and address questions from bidders.

Addendum No. 3was issued toextend the bid date from May 28. 2000tnJune 4. 2009.

Addendum No. 4 was issued to address field conditions that have changed since the

survey and design were completed. Additional crossings had tobaaddressedbecause ofanew road extension and entrance boanoffice complex. The addendum

also addressed questions from bidders.

Addendum No. Gwas issued boextend the bid date from June 4. 20O0toJune 11.

2O00toevaluate fusible PVC as an acceptable pipe material for installation via

directional drilling.

Addendum No. 6was issued tnapprove fusible PVC and address questions from

Bid Review

ARCADIS has reviewed the bids, and has the following comments regarding the fivelowest bids.

Imagine themmsod

AnoAomu.. Inc.

6151 Lake Osprey Drive

3" Floor

Sarasota

Florida 34240

re/ mx.xxs. 1em

WATER RESOURCES

Date:

July 14. 20O

Contact:

Doug Young

Phone:

8133351799

Email:

Doug| aa. YoungkD

Florida License Numbers

Engineering

eB00007917

Geology

Ge31u

Landscape Architecture

Utility Systems Construction, Inc. Base Bid Amount: $ 2, 997, 631. 90

Add for Davis -Bacon Act: $ 120, 000. 00

The bid documents did not include Section 00420 Questionnaire. The document was

requested pursuant to Paragraph 16. 4 of the Instructions to Bidders. The requested

documentation was received within the required ten- day period.

ABS submersible pumps were substituted for those specified. Article 9 of the

Instructions to Bidders states that " a Contract, if awarded will be on the basis of

material and equipment described in the Drawings or specified in the Specifications

without consideration of possible substitute or "or equal" items." The Substitutions

and " Or Equal" section of the bid form clearly states that substitutions and " or equal' items will not be considered until after the " effective date of the Agreement." The bid

noted that the deduct amount for the substitution was already included in the pricing,

with no deduct amount indicated. Taking the deduct in the base bid may give thisbidder an unfair advantage over others.

To prevent any issues from arising from the proposed substitution, the bidder agrees

to hold the bid price and supply specified pumps. Please see the attached copy of e - u... . u' IT. R • i

Stately Contractors, Inc. Base Bid Amount: $ 3, 023, 551. 60

Add for Davis -Bacon Act: $120, 000. 00

There was no indication of the method, Directional Bore or Bore and Jack, proposed

for roadway/ driveway crossings as required for Items 7. b. A and 7. b. B in the bidform. The bid form states that if an option is not indicated, the bid will be deemed

nonresponsive. However, both methods are acceptable, and not noting the method

does not provide any advantage over other bidders.

RTD Construction, Inc. Base Bid Amount: $ 3, 059, 335. 17

Add for Davis -Bacon Act: $ 100, 000. 00

The bid documents are incomplete. There was no Public Entity Crimes Affidavit,

Affidavit of Non -Collusion, or Trench Safety Act Affidavit submitted with the bid. The

Public Entity Crimes Affidavit and Affidavit of Non -Collusion are required per Article

12 of the Instructions to Bidders. The Trench Safety Act Affidavit is noted as an

attachment to the bid proposal under the Specification Section title. The Public Entity

Crimes Affidavit and Trench Safety Act Affidavit, in some form, are required byFlorida Statutes.

Khiem Si Dong

July 14, 2009

Page:

2/ 3

Prime Construction Group, Inc. Base Bid Amount: $ 3. 188/ 436. 00

Add for Davis -Bacon Act: $ 85000. 00

Nodeficiencies inthe submitted bid documents were found.

Derr| omConstruction Corporation Base Bid Amount:

Add for Davis -Bacon Act: $ 36. 000. 00

Nomethod of crossing was noted for any crossings. All options

given are acceptable. Aunoted above, not indicating the method does not provide

any advantage over other bidders.

Federal Stimulus

Aoapplication was submitted for this projecttoreceive federal stimulus funds. The

project was not approved for funding, therefore, the additive alternative for

compliance with the Davis -Bacon Act will not be required. Any award of contractshould be to the lowest responsive and responsible bidder based on the Base Bid

Recommendation

Based on the above information, positive responses from references, and subject to

review bvTWA legal counsel, /\ FlCAD| 8recommends awarding acontract for

construction of the subject project to Uti| ih/ Systems Construction, Inc. in the amountof $ 2, 997, 631. 90.

hope this meets your needs. Please contact meifyou have any questions.

Si

ARCAD| SU. S, Inc.

ll/rvDouglas R. Young, PESenior Engineer

Attachment: E- mail from B. Tlen|ertoO. Young dated July 8. 2000

Copies:

D. P| avcmn. ARCA0S

KhiemSiDong

July 14. 2O00

CATEGORY: Finished Business

Attachment( s): Base Charge Analysis

REPORT ON " ANALYSIS OF THE AUTHORITY' S FIXED COSTS"

At the last Board meeting, Supervisor Wells requested that staff evaluate the base

charge in relationship to the Authority' s fixed costs. The Authority inherited ratestructures based on two totally different rate design philosophies; 1) the Toho I

Kissimmee) System rate structure was designed to cover the customer service costs in

the base charge, primarily the Kissimmee Utility Authority customer service and billingservice contract 2) Toho III ( Florida Water) and Toho IV ( Poinciana) rate structures,

both previously investor- owned utilities, were designed to allocate the maximum

allowable costs determined by a rate setting formula under the jurisdiction of the PublicService Commission. Below is an example of how these two rate design philosophies

play out side- by-side in revenue distribution graphs.

EXAMPLE OF REVENUE DISTRIBUTION BETWEEN SYSTEMS

Toho I H Toho III and IV

Block 4Block 3

5%

Base

harge

30%

Block 1Base

60% charge

The table below is a comparison of a residential water and wastewater customer using6, 000 gallons:

Service Toho I Toho III Toho IV

Water Service:

Base 2. 01 7. 86 7. 53

Block 1 1. 30 10. 92 9. 84

Block 2 4. 96 N/ A N/ A

Wastewater Service:

Base 8. 30 18. 70 17. 16

Block 1 16. 60 25. 78 31. 02

Notwithstanding the advantages or disadvantages, if properly designed; both structuresare capable of producing the overall desired results.

Toho I System generates approximately $ 7. 7 million in metered sales from base

charges, Toho III System generates approximately $ 3. 1 million in metered sales from

base charges, and Toho IV System generates approximately $ 7. 3 million in meteredsales from base charges.

In conclusion, the Toho I System is producing enough revenue in the base charge to

cover its fixed costs as originally envisioned in the rate design philosophy. Toho III andToho IV System' s rate design philosophy was developed under the previous owners ofthose systems; therefore, assigning fixed costs becomes a subjective exercise withoutthe original documents. Overall, total metered sales from these systems, Toho III and

Toho IV, do not generate enough revenue to meet the financial reserve targets outlined

by the Board. Only the Toho I System has consistently met the financial reserve targets.

The staff has continued to work within the rate design structures transferred when each

system was acquired; balancing the system needs against economic determinants suchas financial impacts on customers, bond covenant requirements, other contractual

obligations, etc. It is important that the total revenue requirement be considered first

before modifying rate structures to ensure that the Authority is able to generatesufficient revenues from combined base and usage charges to meet its required

obligations.

Below is a summary of three options on the rate design philosophy for Boardconsideration:

1. Continue managing rates within the rate structures in place

2. Select an existing rate structure and merge rate structures

3. Evaluate rate design structure alternatives

Options # 2 and # 3 would require an outside rate consultant.

Recommendation: Staff requests further direction from the Board.

9A -Report on Analysis of the Authority' s Fixed Costs. rh. 08. 12. 09

Base Charge Analysis

TOHO SYSTEMS

1 11 111 IV Total

Revenues- FY10

Residential - Base

758, 266 9, 319 265, 007 411, 906 1, 444, 497

Water 1, 138, 391 64, 871 1, 157, 514 2, 085, 333 4, 446, 108

Sewer 3, 525, 345 58, 277 1, 764, 232 4, 634, 847 9, 982, 701

Reclaim 326, 077 13, 115 0 24, 260 363, 451

Residential Base Revenue 4, 989, 812 136, 263 2, 921, 746 6, 744, 440 14, 792, 260

Commercial Base Revenue 2, 680, 622 134, 253 209, 255 596, 927 3, 621, 057

Total Base Revenue 7, 670, 434 270, 516 3, 131, 001 7, 341, 367 18, 413, 317

Usage Revenue 37, 820, 566 294, 484 4, 168, 999 10, 229, 633 52, 513, 683

Total Metered Sales 45, 491, 000 565, 000 7, 300, 000 17, 571, 000 70, 927, 000

Other Revenue 5, 145, 000 4, 000 0 853, 000 6, 002, 000

Total Revenue 50, 636, 000 569, 000 7, 300, 000 18, 424, 000 76, 929, 000

Operating Expenses - FY10

Major Recurring Expenses

758, 266 9, 319 265, 007 411, 906 1, 444, 497

Customer Service Contracts

10, 337, 877 45, 581 2, 207, 993 8, 223, 094 20, 814, 546

KUA 1, 750,000 23, 200 325,000 0 2, 098, 200

ST 0 0 0 1, 505, 000 1, 505, 000

Personnel( less OT) 9, 831, 265 114, 596 1, 206, 290 1, 285, 812 12, 437, 963

Minimum PILOT Transfer* 3, 676,709 0 0 0 3, 676, 709

Insurance 605, 000 0 0 210, 000 815, 000

ST Operations Contract 0 0 0 4,912, 000 4, 912, 000

Total Recurring Expenses 15, 862, 974 137, 796 1, 531, 290 7, 912, 812 25, 444, 872

Other Operating Expenses 19, 517, 818 302, 956 2, 235, 279 4, 166, 114 26, 222, 167

Total Operating Expenses 35, 380, 792 440, 752 3, 766, 569 12, 078, 926 51, 667, 039

Minimum required transfer to the City of Kissimmee

Debt Service 6, 378, 550 604, 000 2, 907, 000 3, 651, 000 13, 540, 550

Debt Service allocated to each system

Capital Expenditures - FY10

Required Renewal & Replacement* 758, 266 9, 319 265, 007 411, 906 1, 444, 497

Operating Funded Capital & Additions 10, 337, 877 45, 581 2, 207, 993 8, 223, 094 20, 814, 546

Total Capital 11, 096, 143 54, 900 2, 473, 000 8, 635, 000 22, 259, 043

5% Minimum of Net Revenue for R& R per Bond Covenant