Contract 2022-057A RToho
Water
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FIRST AMENDMENT
TO AGREEMENT
FOR
MAINTENANCE AND REPAIR SERVICES FOR WATER SUPPLY WELLS AND
WELL PUMPS (IFB-19-122)
THIS FIRST AMENDMENT TO AGREEMENT FOR MAINTENANCE AND
REPAIR SERVICES OF WATER SUPPLY WELLS AND WATER PUMPS (the "First
Amendment") is made and entered between Tohopekaliga Water Authority, an independent
special district established and created under Chapter 189, Florida Statutes, by special act of the
Florida Legislature, whose mailing address is 951 Martin Luther King Boulevard, Kissimmee,
Florida 34741 (the "AUTHORITY" or "TWA") and A.0 Schultes of Florida, Inc., a Florida profit
corporation, whose principal address is 11865 US Highway 41, South Gibsonton, Florida 33534,
(the "CONTRACTOR"). The AUTHORITY and the CONTRACTOR may individually be
referred to as a "Party" and collectively as the "Parties."
III/ TNESSETH:
WHEREAS, TWA and the CONTRACTOR entered into an agreement for maintenance
and repair services of water supply wells and well pumps, as more specifically set forth in
Agreement IFB-19-122 (collectively the "Services"), which was approved by TWA's Board of
Supervisors (the "Board") on December 18, 2019 (the "Agreement"); and
WHEREAS, TWA has assumed the responsibility for managing and operating the City of
St. Cloud's Utility System and desires the CONTRACTOR continue to provide Services on its
behalf to both TWA and St. Cloud locations, as more specifically listed herein; and
WHEREAS, pursuant to Section 25, entitled "Modification," the covenants, terms, and
provisions of the Agreement may be modified by way of a written instrument, mutually accepted
by the Parties; and
WHEREAS, the purpose of this First Amendment is to amend the Agreement, as more
specifically set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, tenns, and provisions
contained herein, the Parties agree as follows:
RECITALS. The above recitals are true and correct and incorporated as a material
part of this First Amendment.
2. The list of active water supply wells as shown, as set forth in Exhibit "A," Table I
entitled "Toho Water Authority Active Potable Water Supply Wells," is hereby
repealed and replaced to read as follows:
Well ID
Wellfield
Year
Constructed
Casing
Diameter
(Inches)
Casing
Depth (ft
bmp)
Total Depth
(ft bmp)
2-1
Peabody
1984
12
446
502
2-2
Peabody
1990
12
146
470
2-3
Peabody
1999
12
153
400
4-3
Bella Lago (WTPfi6)
2002
16
160
500
4-4
Bella Lago (WTP#6)
2003
16
162
541
5-1
Huron
1988
12
225
502
5-2
Huron
1980
12
190
666
5-5
Huron
2002
17
000
902
BLE-1
Bay Lake Estates
1986
8
271
505
BLE-2
Bay Lake Estates
2017
16
250
550
9VL-1
Buenaventura Lakes
1974
12
250
689
BVL-2
Buenaventura Lakes
1979
16
251
749
CW-1
Camelot West
1987
16
201
385
CW-2
Camelot West
1995
24
201
500
H-1
Harmony
2000
18
305
560
H-2
Harmony
2000
18
305
530
HG-1
Hidden Glen
1994
4
79
101
IC-1
Intercession City
1924
4
78
208
IC-2
Intercession City
1983
8
84
225
NB-1
North Bermuda
1969
16
278
458
NB-2
North Bermuda
1969
16
281
1195
NB-4
North Bermuda
1997
20
270
505
NB-5
North Bermuda
1997
20
260
508
NB-6
North Bermuda
2000
20
365
670
NW-1
Northwest Kissimmee
1972
12
147
375
NW2
Northwest Kissimmee
1973
12
195
367
NW-3
Northwest Kissimmee
1997
14
415
608
NW-4
Northwest Kissimmee
1999
16
215
510
P-1
Parkway
1972
12
185
414
P-2
Parkway
1973
12
290
430
P-3
Parkway
1997
20
290
515
P-4
Parkway
2007
20
300
502
SW1
Southwest
2004
24
155
390
SW-2
Southwest
2004
24
153
417
Well 1
Springlake Village
1991
8
255
454
Well 2
Springlake Village
2001
12
396
558
Well ID
Weilfield
Year
Constructed
Casing
Diameter
(inches)
Casing
Depth (it
bmp)
Total Depth
(it bmp)
SC -Well 1
WTP 1
1960
20
223
628
SC -Well 2
WTP 2
1954
20
3 77
692
SC -Well 3
Sc
EEOC Building
1954
20
327
671
-Well 5
WTP 4
2005
26
Ill
510
SC -Well 6
Kissimmee Park Road
2007
26
10,
585
SC -Well 7
Kissimmee Park Road
2007
26
115
552
3. Section 1, entitled "Tenn," is hereby repealed and replaced to read as follows:
SECTION 1. TERM
The term of this Agreement shall become effective on March I, 2020 and continue
through February 28, 2025.
4. The "Price Sheet," as set forth in Exhibit "A," Section 6 to the Agreement, entitled
"Revised Bid Form,", is hereby repealed and replaced with a modified " Revised Bid
Fonn," a copy of which is attached and incorporated hereto by reference.
5. Section 5, entitled "Compensation," is hereby repealed and replaced to read as follows:
SECTION 5. COMPENSATION
A. The amount to be paid under this Agreement for Services rendered shall be in
accordance with the unit prices listed in Exhibit "A," for a total not -to -exceed
amount of Eight Hundred Eighty Nine Thousand, Five Hundred Eighty Dollars
($889,580) for the term of the Agreement.
Compensation for Services completed by the CONTRACTOR will be paid in
accordance with section 218.70, Florida Statutes, Florida's Prompt Payment
Act.
C. Services to be performed in accordance with this Agreement are subject to the
annual appropriation of funds by the AUTHORITY. The AUTHORITY
reserves the right, in its sole discretion, to forego the use of the CONTRACTOR
for any project, which may fall within the Scope of Services listed herein. In
the event the AUTHORITY is not satisfied with the Services provided by the
CONTRACTOR, the AUTHORITY will hold any amounts due until such time
as the CONTRACTOR has appropriately addressed the problem to the
satisfaction of the AUTHORITY.
6. Section 30, entitled "Employment Eligibility Verification (E-Verify)," is hereby
repealed and replaced to read as follows:
SECTION 30. EMPLOYMENT ELIGIBILITY VERIFICATION (E-
VERIFY)
a.) As a condition precedent to entering into this Agreement, and in
compliance with section 448.095, Florida Statutes, the
CONTRACTOR and its subcontractors shall register with and use
the E-Verify system to verify work authorization status of all
employees hired after January I, 2021.
b.) The CONTRACTOR shall require each of its subcontractors to
provide the CONTRACTOR with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with
any unauthorized alien. The CONTRACTOR shall maintain a copy
of the subcontractor's affidavit as a part of and pursuant to the
records retention requirements of this Agreement.
c.) The CONTRACTOR or any subcontractor who has a good faith
belief that a person or entity with which it is contracting knowingly
violated section 448.09(1), Florida Statutes, or the provisions of this
section, shall terminate the contract with the person or entity.
d.) The AUTHORITY upon good faith belief that a subcontractor
knowingly violated the provisions of this section, but the
CONTRACTOR otherwise complied, shall promptly notify the
CONTRACTOR and the CONTRACTOR shall immediately
terminate the contract with the subcontractor.
e.) A contract terminated under the provisions of this section is not a
breach of contract and may not be considered as such. Any contract
terminated under the provisions of this section may be challenged
pursuant to section 448.095(2), Florida Statutes. The
CONTRACTOR acknowledges that upon termination of this
Agreement by the AUTHORITY for a violation of this section by
the CONTRACTOR, the CONTRACTOR may not be awarded a
public contract for at least one (1) year. The CONTRACTOR
further acknowledges that the CONTRACTOR is liable for any
additional costs incurred by the AUTHORITY as a result of any
contract for violation of this section.
f) Subcontracts. The CONTRACTOR or subcontractor shall insert in
any subcontracts the clauses set forth in this section, including this
subsection, requiring the subcontractors to include these clauses in
any lower tier subcontracts. The CONTRACTOR shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section.
g.) Information on registration for and use of the E-Verify Program can
be obtained via the internet at the Department of Homeland Security
4
website: http://Nvww/dhs/eov/E-veri .
7. Section 35, entitled "Counterparts Electronic Transactions and Electronic Signatures,"
is hereby created to read as follows:
SECTION 35. COUNTERPARTS, ELECTRONIC TRANSACTIONS
AND ELECTRONIC SIGNATURES.
This Agreement may be electronically executed by the Parties in counterparts up to but
not exceeding the number of parties, each of which shall be deemed an original and all
of which, taken together, shall constitute one agreement. Each Party may deliver its
executed signature page by email transmission to the other Parties at the email
addresses set forth herein. Delivery shall be effective and complete upon completion
of such email transmission. The Parties agree that electronic signatures may be used
in the execution of this Agreement in accordance with Parts I and 11 of Chapter 668,
Florida Statutes.
8. Section 36, entitled "Signatory," is hereby created to read as follows:
SECTION 36 SIGNATORY
Each signatory below represents and warrants that he or she has the full power, and is duly
authorized by their respective Party, to enter into and perform under this Agreement. Such
signatory further represents that he or she has fully reviewed and understands the teens
and conditions set forth in this Agreement, including exhibits, and fully intends to abide
by and comply with all of the ternis and conditions set forth herein.
9. The changes set forth in the First Amendment shall become effective upon the execution
of both Parties.
10. All of the terms and conditions of the original Agreement and any subsequent Amendment,
not otherwise revised or amended herein, shall remain in full force and effect. To the extent
of the conflict between this First Amendment and the original Agreement or subsequent
Amendment, the terms and conditions of this First Amendment shall prevail.
I SIGNATURE PAGE FOLLOWSI
IN WITNESS WHEREOF, the Parties hereto, their duly authorized representatives,
have executed this First Amendment effective this IJ day of � ptV �� pt;t-23
A.0 SCH 7foRIDA, INC. TOHOPEKALIGAfV R `'
AUTHO T
By:
P nlNm eaor Ites B �••'"
Title a President
Attest:
Print Namikleff DeMatte
Title: ecret / Tr r r
Address: 11865 US HWY 41 S.
Gibsonton, FL 33534
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
Print Name: HennThacker
S-
Title: Board ou eo sC.I in`
Attest:
Print Name: William a d
'title: Board of Supervisors Secretary
Address: 951 Martin Luther King Blvd.
Kissimmee, Florida 34741
The foregoing instrument was acknowledged before me by means of [)q physical presence or [ J
online notarization, this day of January , 2023, by Gregory Schultes as
Vice President of A.0 Schultes of Florida, Inc., a Florida profit corporation, on behalf
of the corporation. fie/she is X personally known to me OR _ has produced
as identification.
ANNA COMINSKI
Notary Public
s State of Florida
Comm# HH248646
ie"e Expires 4/4/2026
"Aa &A
Notary Public
Printed Name or Stamp:
JCL Lmi nab
My Commission Number: HH248646
My Commission Expires: 04/04/2026
(Stamp)
Revised Bid Form
Item N
Description
UOM
Unit Price
Pre -performance testing in accordance with Specifications
$ 2,675.00
1
EA
Mobilization/demobilization, remove pump, column assembly, etc.
2
from well, disassemble, complete inspection & report, reassemble &
EA
$ 9,095.00
reinstall pump, etc., back into well, including site restoration
3
Disinfection of water supply well in accordance with Specifications
EA
$ 2,354.00
4
Post -performance testing in accordance with specifications
EA
$ 2,675.00
5
Complete well casing cleaning & video -recorded inspection of well
EA
$ 7,490.00
in accordance with Specifications
6
Hourly charge for well pump handling rig & crew
HR
$ 315.65
7
Hourly charge for service truck & crew
HR
$ 214.00
Business hourly charge for shop tecltnician(s) for pump repair shaft
8
alignment, etc.
HR
$ 117.70
9
Business hourly charge geophysical logging truck & operator for
HR
$ 374.50
water quality testing
10
After hours/emergency hourly charge for well pump handling rig &
HR
$ 326.35
crew
11
After Hours/Emergency hourly charge for service truck & crew
$ 219.35
HR
12
After hours/emergency hourly charge for shop technician(s) for
HR
$ 160.50
pump repair shaft alignment, etc.
13
Labor and materials for closure of 4" well
L.S.
$ 9,095.00
14
Labor and materials for closure of 8" well
L.S.
$ 14,980.00
15
Mechanical Integrity Testing (Packer Testing)
L.S.
$ 26,750.00
16
Fixed % Mark -Up for replacement parts
10%
Toho
Water4
Authority
TohoWater Board of Supervisors' Meeting
Board Meeting Action Summary
Date and Time: January 18, 2023 5:OOPM
Board Members and Executive Staff:
Henry Thacker - Chair
Hector Lizasuain - Vice Chair
William "Bill" Land - Secretary
Tom White - Supervisor
John McAleenan — Supervisor
Rayelynne Ketchum — Supervisor
Dave Askew - Supervisor
Cheryl Grieb - Ex-Officio Board Member
- Osceola County (absent)
Angela Eady - Ex -Off icio Board Member
- City of Kissimmee
Kolby Urban — Ex-Officio Board Member
— City of St. Cloud
Rick Wilson - Ex-Officio Board Member -
Polk County (absent)
Todd P. Swingle - Executive Director
Anthony Cotter - General Counsel
In accordance with Section 286.0105, Florida Statutes: Any person wishing to
appeal any decision made by the Board of Supervisors with respect to any matter
considered at such meeting or hearing will need to ensure that verbatim record of
the proceedings is made, which record includes the testimony and evidence upon
which the appeal is made.
In accordance with Section 286.26, Florida Statutes: Any person needing
assistance to participate in any of these proceedings should contact the office of
the Executive Director at 407-944-5130 or via email at tohoattend(a)_tohowater.com
prior to the meeting.
Swearing in of Thomas E White as Supervisor.
1. Meeting called to order.
2. Moment of Silent Reflection and Pledge of Allegiance.
3. Approval of the Agenda.
Motion to approve the Agenda made by Supervisor Askew. Motion
seconded by Supervisor Ketchum. Motion passed 6-0.
4. Awards and Presentations: None.
5. Public Hearing: None.
6. Hear the Audience: None.
7. Consent Agenda:
The Consent Agenda is a technique designed to expedite handling of routine and
miscellaneous business of the Board of Supervisors. The Board of Supervisors in
one motion may adopt the entire Agenda. The motion for adoption is non -
debatable and must receive unanimous approval. By request of any individual
member, any item may be removed from the Consent Agenda and placed upon
the Regular Agenda for debate.
7A. TOHO WATER AUTHORITY BOARD OF SUPERVISORS'
REGULAR MEETING MINUTES OF DECEMBER 14, 2022 (Cost:
None) (Smith)
7B. APPROVAL OF CONSTRUCTION CONTRACT AWARD TO WW
DANIELS COMPANY FOR TOHO BAY LAKE ESTATES
WATERMAIN EXTENSION PROJECT (Cost: $635,000 plus a
contingency of $95,000) (Smart)
7C. APPROVAL OF DEVELOPERS SERVICE AGREEMENT FOR
VIVO KISSIMMEE (Cost: None) (Edwards)
7D. REQUEST APPROVAL FOR GATEWAY HIGH SCHOOL
CUSTOMER ADJUSTMENT (Cost: Adjustment in the amount of
$21,188.33) (Havey)
7E. APPROVAL OF JANUARY 2023 ASSET DISPOSAL (Cost: None)
(Sledge)
7F. AWARD OF CMAR CONSTRUCTION CONTRACT ADDENDUM
FOR BELLA LAGO WTP HYDROGEN SULFIDE REDUCTION
PROJECT ($1,685,244 base authorization plus a $85,000
construction contingency for a total not -to exceed amount of
$1,770,244. This project will be funded by Project #122025)
(Eversole)
7G. APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT
WITH A.C. SCHULTES OF FLORIDA, INC. FOR MAINTENANCE
AND REPAIR SERVICES FOR WATER SUPPLY WELLS AND
WELL PUMPS (IFB-19-122) (Cost: An additional $400,000 for a total
not -to -exceed amount of $889,580 for the term of the Agreement)
(Sledge)
7H. APPROVAL OF ASSUMPTION AGREEMENT WITH CENTRAL
FLORIDA CONTROLS, LLC TO UNIVERSAL CONTROLS
INSTRUMENT SERVICES, INC. (IFB-22-037) (Cost: None)
(Sledge)
71. APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT
WITH ACLARA TECHNOLOGIES LLC, FOR THE SUPPLY AND
DELIVERY OF METER TRANSMISSION UNITS (MTUs) (SS-21-
023) (Cost: An additional $2,000,000 for a total not -to -exceed
amount of $4,800,000 for the term of the Agreement) (Sledge)
7J. APPROVAL OF THE AGREEMENT WITH FERGUSON
ENTERPRISES, LLC FOR THE PROVISION OF NEPTUNE
WATER METERS AND ACCESSORIES (SS-23-027)
Item 7J was pulled from the Agenda, due to Contract changes,
and will be re -presented at February Board Meeting with the
related Contract.
7K. APPROVAL OF A CONSTRUCTION CONTRACT AWARD WITH
THE LOW BIDDER, A.C. SCHULTES OF FLORIDA, FOR THE
RANCH WATER SUPPLY PROJECT SUPPLEMENTAL SUPPLY
WELL DRILLING (IFB-23-011) (Cost: Bid amount $729,600 plus
contingency in the amount of $50,000 for a total amount $779,600)
(Fogarty)
7L. APPROVAL OF THE SCOPE OF SERVICES AND ADDENDUM
WITH HAZEN AND SAWYER FOR THE FINAL DESIGN AND
BIDDING SERVICES FOR THE BUENAVENTURA LAKE WATER
TREATMENT PLANT UPGRADE PROJECT (Cost: The cost for the
final design and bidding services is $1,243,391 plus a contingency in
the amount of $100,000 for a not -to -exceed total of $1,343,391. The
total cost for the design and bidding services for the BVL WTP
Upgrade project is $1,873,388 including $629,997 previously
approved by the Board for preliminary design and related tasks, plus
$100,000 for contingency for a total of $1,973,388. Staff will request
funding for construction administration services in FY2024 when the
project goes into construction and the project will be funded by
funding code 322002) (Pang)
7M. APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT
WITH PALMDALE OIL COMPANY, INC. FOR FUEL SERVICES
(PBA-20-094) (Cost: An additional $211,500 for a total not -to -exceed
amount of $600,000 for the term of the Agreement, ending on
7/11/2023) (Nunez/Yepez)
Motion to approve the Consent Agenda items, excluding item
7K for separate vote and item 7J to be tabled for February Board
meeting, made by Supervisor Land. Motion was seconded by
Supervisor Askew. Motion passed 6-0.
Motion to approve Agenda item 7K made by Supervisor
Ketchum. Motion was seconded by Supervisor White. Motion
passed 6-0.
8. Informational presentations:
8A. COMMUNICATIONS HIGHLIGHTS REPORT FEATURING 2022
PROJECT EXAMPLES (Cost: None) (Floer)
9. Unfinished business:
9A. APPROVAL OF POLYMER MANHOLES FOR TOHO SERVICE
AREA (Cost: None) (Biron)
Motion to approve Item 9A, was made by Secretary Land, to
change Toho's standard specification to require polymer
composite lift station for standard size wet wells (10-foot
diameter and below, over 10-foot to be evaluated on a site by
site basis) and manholes in areas of high corrosion including
near lift stations, drop manholes, and force main discharges.
Staff are to develop specific criteria for these locations and full
specification requirements for these structures. Executive
Director Swingle may approve concrete with liner systems
where a project can demonstrate that a delivery time issue
exists and will substantively affect project delivery. Executive
Director Swingle would evaluate the cost experience
periodically but no less than concurrent with specification
updates. This standard would not be mandated for projects
with existing approved construction plans. Motion was
seconded by Vice -Chairman Lizasuain. Motion passed 6-0.
10. New business:
10A. REAPPOINTMENT OF TOHO WATER AUTHORITY BOARD
REPRESENTATIVE TO THE WATER COOPERATIVE OF
CENTRAL FLORIDA (Cost: None) (Cotter)
Motion to approve made by Supervisor White. Motion seconded
by Supervisor Ketchum. Motion passed 6-0.
10B. APPROVAL TO NEGOTIATE AGREEMENT WITH CITY OF ST.
CLOUD TO TRANSFER ALL WATER AND SEWER
OBLIGATIONS UNDER AGREEMENTS BETWEEN CITY OF ST.
CLOUD AND DEVELOPERS TO TOHO WATER AUTHORITY
(Cost: None) (Cotter)
Motion to approve made by Vice Chairman Lizasuain. Motion
seconded by Supervisor Askew. Motion passed 6-0.
10C. SUNBRIDGE WATER TREATMENT PLANT TECHNOLOGY
PRESENTATION AND SELECTION (Cost: None) (Ratliff)
Motion to approve made by Secretary Land. Motion seconded
by Supervisor Askew. Motion approved 6-0.
10D. FALCON TRACE II, LLC, MULTIFAMILY AFFORDABLE
HOUSING SUBMETERING WAIVER (Cost: None) (Cotter)
Motion to approve variance made by Vice Chairman Lizasuain.
Motion seconded by Supervisor White. Motion passed 6-0.
11. Staff reports:
11A. GRAVITY SEWER, FORCE MAIN, AND WATER MAIN
EMERGENCY REPAIR STATUS (Cost: Report only, costs
exceeding the Executive Director's authorization are submitted to the
Board for information if the Executive Director approves repairs as
an emergency) (Pelham)
11 B. MONTHLY FINANCIAL REPORT ENDING NOVEMBER 30, 2022
(Cost: None) (Villarosa)
11 C. TOHO ASSISTANCE PROGRAM (TAP) UPDATE (Cost: Current
budgeted funding for FY22 is $150,000 including Toho's portion of
matching funds for customer donations) (Sweeney)
11 D. COMMUNICATIONS 2023 Q1 REPORT - FOR OCTOBER-
DECEMBER 2022. (Cost: None) (Floer)
12. Comments:
Board Officials
Executive Director
General Counsel
13. Upcoming events:
Treasures of St. Cloud 1 /21-23/23
Lunar New Year 1/22/2023
Holocaust Remembrance Day 1/27/2023
Black History Month 2/1-28/2023
Groundhog Day 2/2/2023
Osceola Council on Aging 50t" Anniversary Gala 2/4/2023
The Osceola Chamber Annual Meeting 2/4/2023