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2024-06-24 Joint Power Water Board Agenda
Joint Powers Water Board AGENDA Regular Meeting of June 24, 2024 Joint Powers WTP 11100 50th Street NE Albertville, MN 6:00 PM Chairperson Enaineer Ryan Gleason Chris Larson, SEH Board Members Operations Tom Dierberger John Seifert, Veolia Joe Hagerty Jennifer Thomas, Veolia Chris Kauffman Dustin Carlson, Veolia Rob Olson Bob Zagorski 1. Call to Order / Roll Call 2. Approve Agenda - Page 1 3. Consent Agenda - Page 2 3.1 Approval of May 20, 2024 Regular Board Meeting Minutes - Page 3 3.2 Approval of June 2024 List of Claims - Page 5 3.3 Approval of June 2024 Budget Report - Page 7 3.4 Approval of June 2024 Cash Balances Report - Page 8 3.5 Approval of May 2024 Monthly Operations Report - Page 9 3.6 Approval of Construction Scope and Fee for ASR / 15th Street NE Watermain Looping Project - Page 21 3.7 Approval of Joint Powers Water Board's Wire Transfer Policy and Procedure - Page 27 3.8 Approval of Joint Powers Water Board's Purchasing Policy - Page 30 3.9 MBI Pay App No. 8 - Filter Rehabilitation - Page 35 4. General Business - Page 38 4.1 First Amendment to 2019 Verizon Wireless Site Lease Agreement - Page 39 5. Engineer - Page 45 5.1 Approve Limited Engineering Study on Condition Assessment of SCADA and Communication Systems for Joint Powers - Page 46 6. Operations and Office (Verbal Reports Provided at Meeting) 6.1 ASR Update 6.2 ASR Looping Watermain Project Update 6.3 Well 2 Warranty Work Completed - 100% of Well Capacity 7. Other Business / Announcements / Correspondence 8. Adjourn Page 1 of 53 CONSENT AGENDA Page 2 of 53 Joint Powers Water Board Regular Meeting Minutes May 20, 2024 Page 1 1. Call to Order. The regular meeting of the Joint Powers Water Board was called to order by Chairperson Gleason, on Monday, May 20, 2024 at 6:00 p.m. at the Joint Powers Water Board Water Treatment Plant, 11100 50'h St NE, Albertville, MN 55301. Board present: Ryan Gleason, Tom Dierberger, Joe Hagerty, Rob Olson, Bob Zagorski. Board absent: Chris Kauffman. Staff present: John Seifert, General Manager; Jennifer Thomas, Office Manager. Staff absent: Dustin Carlson, Water Department Supervisor / Facilities Manager. Engineering present: Chris Larson, Short Elliott Hendrickson, Inc. (SEH). Insurance Agent present: Dan Zachman, Zachman Insurance Agency, Inc. 2. Approve Agenda. Seifert asked to have a claim from Municipal Builders in the amount of $4,047.23 for well piping added to the Claims List. Olson moved, Dierberger seconded, to adopt the Agenda as presented with the addition of the claim from Municipal Builders in the amount of $4,047.23. Motion carried 5-0. 3. Approve Consent Agenda. Olson moved, Hagerty seconded, to approve the Consent Agenda below. Motion carried 5-0. 3.1 Approval of April 22, 2024 Regular Board Meeting Minutes 3.2 Approval of May 2024 List of Claims 3.3 Approval of May 2024 Budget Report 3.4 Approval of May 2024 Cash Balances Report 3.5 Receipt of April 2024 Investment Summary Report 3.6 Approval of April 2024 Monthly Operations Report 3.7 ACH Payment Limit 4. General Business. 4.1 2024 Insurance Renewal. Dan Zachman of Zachman Insurance Agency, Inc. provided an update on the Joint Powers Water Board's 2024 insurance renewal. The 2024 renewal from League of Minnesota Cities (LOMC) is $29,948, which is an increase of $1,435 from 2023. Seifert reminded the Board that it received a refund of $1,136 from the LOMC in 2023. 4.2 2nd Reading of Purchasing and Wire Transfer Policies and 1st Reading of Refund of Online Bill Pay Overpayments. In a follow up to the Board's direction for areas of concern and possible risk, Staff researched all three member Cities existing purchasing policies and drafted a Purchasing Polity based on those examples. Staff also revised the wire transfer policy to include safeguards to address two step verification. In addition, Staff drafted a policy to define the level of refunds Staff is authorized to make prior to Board approval. Zagorski moved, Dierberger seconded, to allow Staff to make refunds of online bill pay overpayments not to exceed $7,500. Motion carried 5-0. Page 3 of 53 Joint Powers Water Board Regular Meeting Minutes May 20, 2024 Page 2 5. Other Business / Announcements / Correspondence. None. 6. Adjourn. Olson moved, Hagerty seconded, to adjourn the Joint Powers Water Board meeting at 6:30 PM. Motion carried 5-0. Jennifer Thomas, Recording Secretary Page 4 of 53 JOINT POWERS WATER BOARD CHECK REGISTER SUMMARY MEETING DATE: 612M24 Check Al Vendor Check Date Amoun I Comments 17969e CENTERPOINT ENERGY 6212024 $1,007.751 May 2024 Invoices 17970e PAYMENT SERVICE NETWORK 602024 $5,699.45 May 2024 Web Pay Fees 17971a CITY OF ST MICHAEL 6/21/2024 $321,065.55 May 2024 Receipt by Charge 17972e MN DEPT OF REVENUE 621/2024 $934.G0 May 2024 Sales Tax 21056 309 COTTONWOOD LLC 5212024 $143.22 Ref u bat on 309 Cottonwood Av NE 21057 ABDO 6212024 $875.00 2023Audit 21058 ADAMILEAH HENRICHS 6121/2024 $119.71 Ref cr bat on 5202nd ST NW 21059 AE2S 6/212024 $159.91 Water Storage 21060 1 ALEJANDRO/SIERRAOSORTO/CASE 621/2024 $121.37 Ref cr bat on 572 Kayla Ln NE 21061 MY DER XIONG/BARRY MOUA VANG 621/2024 $122.01 Ref cr bat on 530 Terrace Rd NW 21062 ANN MARIE RODER 621/2024 $122.03 Ref a bat on 4448 Napier Pkwy NE 21063 BRIDGET/FRANK ISENBERG/SNIDER 6212024 $253.79 Ref Or bat on 104 Heights Rd NE 21064 CASSANDRNKURTIS PIKUS 5212024 $140.00 Ref cr bat on 504 Sumedin Rd NW 21065 CHRISIDAWN HEINE 6212024 $124.86 Ref cr bat on 150705011, St NE 21066 CITY OF HANOVER 62V2024 $57,481.66 May 2024 Reo is by Charge 21067 CUSTOM ELECTRICAL CONCEPTS LLC 621/2024 $3.120.22 Locker Room Wiring 21068 DAVE/DANA LINDHOLM 621/2024 $94.46 Ref cr bat on 706 Kates, Ct 21069 OEREKJTRACIE IRVING 6/21/2024 $155.15 Ref cr bat on 1485147Ih St NE 21070 ERIC/ANDREA MIALKOWSKI 6212024 $68.41 Ref cr bat on 4138 Jana Av NE 21071 FRANK/NORMAVENNES 6212024 $75.40 Ref cr bat on 1389246th Ln NE 21072 HARLENNIRGINIA FREUND 61212024 $130A8 Ref cr bat on 4491 Napier Pkwy NE 21073 HOFF, BARRY PA 6121/2024 $345.00 May 2024 Invoice 21074 JASON NEROS 621/2024 $76.57 Ref cr bat on 101" Slat ST NE 21075 JEFF GUNDERSON 6/2112024 $134.37 Ref cr bat on 4577 Medley Ln NE 21076 JOSEPWSRANNON DAHLHEIMER 6/212024 $108.70 Ref cr bat on 111001611, St NE 21077 JOSHUA HOLMSTADT 6212024 S134.92 Ref Or bat on 9541 40th PI NE 21078 JOYCE/SAMANTHA SPANGLER 6212024 $138.22 Ref cr bat on 221 Birch Av NW 21078 JUDY/CLAUDIA WEIS 6212024 $96.99 Ref cr bat on 863rd St NW 21080 KIM BERRY 6212024 $134.00 Ref a bat on 3547 Kadler Av NE 21081 KRISTEN/THOMAS MCMULLEN/BRISSO 6212024 $181.581 Ref a bat on 3601Kadler Av NE 21082 LILLIAN ARTUS 5212024 $356.56 Ref w bat an 1112416th St NE 21083 LINDA KING 621/2024 $77.21 Ref cr bat on 1283043rd St NE 21084 LIZ RODEN 602024 $130.00 Ref cr bat on 11250 Lambert Ct 21085 LYDIAHIKENNEDY KEUYA OMWERI 6/21/2024 $60.78 Ref cr bat on 305 Willow or SW 21086 MARY MOSLEY 6121/2024 $128.98 Ref cr bat on 1071128th St NE 21087 MATTHEW MACCAUSLIN 6/21/2024 $120.88 Ref a bat on 716 Ridge or SE 21088 MATTHEWMAMIE BARTHEL 6/212024 $186.72 Ref m bat on 4527 Kady Av NE 21089 MICHAEL/KARIN SHEDLOV 6/212024 $1.84 Ref cr bat on 1335 Rolling Oaks or 21090 MUNICIPAL BUILDERS INC 6/212024 $85,694.02 Pay ADD No 8 21091 OPEN DOOR LABS INC 6212024 8166.11 Ref cr bat on 528 Maple Knoll Cir NW 21092 OTTO DRYWALL 621/2024 $900.00 Locker Room 21093 PATRICK/ANNE DATZ 621/2024 $298A7 Ref a bat on 15034 501h St NE 21094 PHIL/FAITH SHAW 621/2024 $132.11 Ref cr bat on 4492 Napier Pkwy NE 21095 ROBIBROOKE RAJTAR/KOIVISTO 60/2024 $120.06 Ref cr bat on 963243rd St NE 21096 ROBERT MCCLENDON 6121/2024 $332.17 Ref cr bat on 4524 Masan Av NE 21097 ROBERT/MARY KVAM 621/2024 $115.94 Ref Or bat on 11108161h St NE 21098 RUBY/CALEB HENDRICKSON 621/2024 $160.77 Ref cr bat on 2739 Kensington Av NE 21099 SHELBY/JACOB DEITCHLER 621/2024 $671.73 Ref cr bat on 1075223rd St NE 21100 Short Elltott Hendrickson Inc 621/2024 $5.910.20 May 2024 Invoices 21101 TEGRETE B212024 1462.00 May 2024 Invoice, 21102 THERESA/NORB PARTON/ECKERT 6/212024 $72617 Ref cr bat on 108 Birch Av NE 21103 TODD J POTTER TRUST 6/212024 $15,53 Ref cr bat on 1885 Lachman Av NE 21104 TODD TYLER 621/2024 S94.871 Ref cr bat on 12832 44th PI NE 21105 TRELA BLAKEMAN 621/2024 1 $130.481 Ref cr bat on 310 Ids Ln SW CONTINUED ON NEXT PAGE Page 5of 53 JOINT POWERS WATER BOARD CHECK REGISTER SUMMARY MEETING DATE: 61M4 21106 VEOLIA WATER NA 621/2024 $85,238.48 July 2023 Contract Maintenance 21107 VICTORIA CONWAY 621/2024 li $135.161 Ref cr bal on 3539 Kadler Av NE 71 21108 WEBER LAWN 8 LANDSCAPE LLC 6/212024 1 $2.237,001 May 20241nvoice 21109 XCEL ENERGY 61212024 1 $16.237.321 101 Terrace 1 $593,596.04� Ryan Gleason Rob Olson Joe Hagerty Bob Zagorski Cbns Kauffman Tom Dierberger Page 6 of 53 Joint Water Board Budget - 2024 JPWB Board Meeting Account Desa FUND 101 GENERAL FUND E 10140000-700 Advertising E 101-40000-702 Uanse/Fees E 10140000-704 Bank Charges E 10140000-712 Contract Maintenance E 10140000-730 Insurance E 101-40000-734 Meeting Allowance E 10140000-748 Office Supplies E 10140DDO-749 Credit Card Fees E 10140000-752 Audit Fees E 1014000D754 GIS Engineer fees E 101-40000-755 Project Engineering Fees E 10140000-756 General Engineering Fees E 101-40000-757 Wellhead Protection E 10140000-758 Legal Fees E 10140000-759 ASR-Misc E 10140000-770 System Maintenance E 10140D00-771 Well Maintenance E 101-40000-772 System Repairs E 10140000-773 Facility Mgmt E 101-40000-774 Utilities E 101-40000-785 DNR Water Usage E 10140000-795 Misc Expense E 10140000-796 EDAIRR Fees FUND 101 GENERAL FUND June Budget 2024 Amt $0.00 $0.00 $0.00 $85,238.48 $0.00 $0.00 $0.00 $2,462.73 $875.00 $0.00 $809.70 $4,841.85 $0.00 $345.00 $0.00 $1,629.66 $0.00 $0.00 $6,257.22 $16,237.32 $0.00 $0.00 $0.00 $118,696.96 2024 2024 YTD Budget YID Amt $1,921,920.00 $0.00 $1,177.50 $100.00 $609,168.48 $29,948.00 $0.00 $203.73 $16,782.46 $18,965.00 $2,278.50 $16,590.63 $4,841.85 $0.00 $3,669.00 $864.00 $517,913.00 $0.00 $2,423.00 $29,341.57 $47,039.54 -$0.91 $0.00 $0.00 $1,301,305.35 $1,921,920.00 $118,696.96 $1,921,920.00 $1,301,305.35 0621124 3:57 PM Page 1 Page 7 of 53 a of m m m m Mo - $ a m w 0 0 0 0 w $ � w w a d � a of 'o w 9 A y � O u m °u$ ma m c m U N o vooi 0 6 of w- w r m n ami w m w 0 c d m a` 'c cmc� 0_0 uz—'z—z z > dLL)LL LL�LL W 4a d�a_4a rwowow w u w'o''wfw3w LL Op000 Page 8 of 53 Safety & Training Each month our staff performs inspections of all safety equipment such as fire extinguishers, eyewash stations, chemical showers, and emergency lighting. We also have safety meetings during the month that consist of both routine and non -routine topics. Call -Outs (After -Hours Emergency Calls) O One in May. Regulatory Communications Our monthly regulatory communications were completed satisfactorily and on -time. These were: O The monthly fluoridation report to the MDH O The monthly bacteriological lest results to the MDH O The monthly injection/recovery report to the EPA Major Client I Public Relations Issues O None in May Distribution System Statistics Total Hanover St Michael Joint Comments Powers Locates (GSOC) 543 87 451 5 Gopher State One Call, Tickets Received Hydrants Flushed 33 33 0 0 SpringlFall (Joint Powers Are Albertville) Including water quality issues (Albertville), water Customer Service Visits 39 5 34 0 usage issues, curb stops on/op,water main operations, special locates (not through GSOC) & misc. issues. Inspections 1 42 1 6 1 36 1 NA These include out -of bounds read checks, leaking Meter/ERT Issues/Repairs 90 13 77 NA meters, bad ERTslreplacements. wiring issues, missed reads. monthly meter reading. etc. Maintenance Work Orders 35 1 0 34 These Include lssues/repalrs®ular maintenance for the dist. systems & JP facilities. Finals 60 11 49 N/A YTD Reconcilable Limit Budaet Butlget Expenses Balance LIM $356,472 $76,259 li $280.213 Final reconciliation will occur after year-end finances have been processed.'No updates on Actual available at time of report. Estimated Appendices Monthly Fluoride Report, Monthly Bacteriological Report, Monthly ASR EPA Report Page 9 of 53 j a =EQ 63a'o Q N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ............. . q E E E E E E LL V a e e oo _ ««nnnnnnn a4nau+a nnnv -n 4n 44ri e - �..-na^%a a.grv$w mw 4mv N� mmmmmm N�� - NAnee«m$$$anae�.-Seenm�emm rc 3g$�ONmmwmmm � .-« �� Naemm mN � mm�'w$ 3 .............min« moeoeeeeoe Seeeeoome « 0 ........................ "c 3 s o a ea m =g eee.eeoe.e - =8eeeeeOe O e e o e O e o o o 00 e m o o m e.O. a em o t 9 m V rv««« n n««« n n Page 10 of 53 L ¢ � e . n •A a E' N � ❑ ❑ N � B e fr z4 m i d 4 a O V1 a E R � 5 a y 8 h O = C4 t e `oc S � F C €€eIIIIIIe9 �s�esasasetx .rvinnnrvrvrVrvrvrvNry ?��i�33 aes E E6EEEE-u EE'uE ig 2 FYI :a��axx�sE �aa���saa�a Y `Skk�S 4"6k Y4d b'� �6�Ev���EEvPE F YF�Y !=F`nYF za rcrcerc��dzs�'zd�3� `vaemS::s�P.ga G G'u EEEEGG'u EEE i e' B E-.x F3�y=yy=� ��b'a :z:�ctzczz:� s a Page 11 of 53 Year: 2024 (2024 Cycle) Month: Me U.S. ENVIRONMENTAL PROTECTION AGENCY MONTHLY MONITORING REPORT FOR CLASS V INJECTION WELLS UIC PERMIT NUMBER: MN-171-5R21-0002 OPERATOR NAME: Joint Powers Water Board ADDRESS: 11000 50th St NE WELL NAME: Well 9 CITY/STATE/ZIP: Albertville, MN 55301 WELL COUNTY: Wright PHONE: (763) 497-3611 MONTHLY REQUIREMENTS Injection (Gallons) Total Injection Period D VMonth Total Report Volume Total Injection Period Volume �80,6377�,000 19,352,000 83,283,000 Injection Pressure & GPM Avera a Hi hest Value Lowest Value Monthly Injection Pressure (psig) 46 47 44 Monthly Injection Flow Rate (GPM) 428.55 440 415 Total Recovery Period Total Report % of Injection Period Total Recovery (Gallons) YTD Volume Month Volume Volume 0 0 0.00% COMMtN I3: The 2023 ASR cycle began in December 2023, with the injection phase. Test well 6 and ASR well 9 were flushed to waste and background testing & sampling was performed on both wells and the injection source, the Joint Powers distribution system, before injection was begun. CERTIFICATION I certify under the penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaiing the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and punishment. (Ref. 40 CFR Section 144.32 Dustin W. Carlson, Water Operations Supervisor & Facilities Manager Name and Official Title Signature: `, \ 1 �L � / Date Signed: Page 12 of 53 ! ; !| | \}7 § 2 § § ! § | k` 6 C; ci 20 Page 13 ,53 d a J C O Vv C U n 2 0 `mn E E as � a 3 r zw �ti 10 M. ry V J N O =��000ea r w 0 o 0 0 0 o R ci of ci ci of a w m o o m o r tO `mm ' uri c o voi � w E 0 O o 0 o O ` O O V O V v v v d W O O O r O O O O O O Q h O IV O O O O O AX � o m 0 y -0--v v v v v W In W H N Ur h O sms O O O G O v O F V V V y W r O @U t0 t0 f0 (O (O O N < 0 cs O O O O O Q w E a W 9 m J ME 3 o wa3=jZ i Page 14 of 53 Ll ;0{�§ 5§!§ / !{` § S ) } v ) !)§;\ m ! m ( ) k)7` k } d d \ \ !®, ! § c ci ;§ § 2 EC5° \ E / IE~ ) !A. � JE m!!\ § \Z E Page 15 ,53 § \k \� �\ IE� k�* \ a ) Q \k� )w § 2 CORz \ � a 7 t�0 )))) Page 16 ,53 ] / § )§ | /( ) .\ § § ! }) ` ! 5=2§§ / \ IN , vvvvv \ )|,5333@© \ /\\// Page IL7e53 L C O i w W Z m w 0 ¢ Q Z Z U O JO K F W a a U w 2 0 m N N N N N N N N N N N V< V V V fV N fV fV [V fV L N N N N N i Q aaaaa Q Q¢ Q ¢ aaCL Q Q Q Q Q wwwww wwwwww m �a V W C 00 O W N IL x C fq O N ir N f0 J 07 U N U � C � o d rn � U N N a` °3 C O E ILq N h h J m O G O 0 lJ t0 U v d v a U N m t Z U V O Q E E d ¢¢ Q o O O E U o C o V O O` L E L U l0 J 9 0 O L O p =N O o 0 H 0 m E E o` 0 O ' 0 0 L o O (0 :E2 0 C 0 C 0.2 «O U ommU01� 002�F=F° Page 18 of 53 Year: 2024 (2024 Cycle) Month: UIC PERMIT NUMBER: MN-1715R21-0002 OPERATOR NAME: Joint Powers Water Board ASR PTC-3 SAMPLE LOCATION: Well (Mt. Simon) Constituent Units Detection Limit We' 5% Recovery Well 30% Recovery Well 60% Recovery Well9 100% Recovery Federal Drinking Water Standard Method Date Temperature °C pH IStd Units ]Conductivity us/cm ORP I mV Dissolved Oxygen DO m /L Chlonne, Total Residual I m lL 1 0.01 1 HACH 81675th ED 2008 Aluminum u /L 4 200 EPA 200.8 Arsenic u /L 1 0.5 10 EPA 200.8 Calcium 400 EPA 200.8 Cop er 0.5 1000 EPA 200.8 Iron 50 300 EPA 200.8 Lead 0.1 EPA 200.8 Magnesium 100 EPA 200.8 Manganese $mgAL 0.5 50 EPA 200.8 Potassium 20 EPA 200.8 Sodium 50 EPA 200.8 Alkalini ,Total as CaCO3 5 SM 2320E Chloride 2 250 SM 4500Cl E Fluoride m /L 0.1 2 SM 4600F/C Nitrogen, Ammonia mg/L. 0.04 EPA3501 Phosphorous m /L 0.4 EPA 365.4 Silica, Dissolvedm /L 1 EPA Y00.7 Sulfate m /L 2.6 250 ASTM D516-02 Total Hardness by 2340B m 1420 EPA 200.8 Nitrogen, K'eldahl. Total I m /L 1 EPA 351.2 Total Organic Carbon m /L 2 EPA 9060 Gross AI ha pCUL EPA 900.0 Adjusted Gross Alpha pCi/L 15 Ra-226 PCVL 1 5 1 EPA 903.1 Ra-228 pCUL 1 5 EPA 904.0 Ra-226+Ra-228 pCUL 5 Total Uranium 238) pCUL 0.5 EPA200.8 Bromodichloromethane u /L 0.5 EPA 524.2 Bromofonn u /L 4 EPA 5242 Chloroform u /L 0.5 EPA524.2 Dibromochloromethane u /L 0.5 EPA 524.2 Total Tnhalomethanes (Calc.) u L 80 EPA 5242 Dibromoacetic Acid u /L 1 EPA552.2 Dichlaroacetic Acid u /L 1 EPA 5522 Monobromoacetic Acid u /L 1 EPA 5522 Menochloroacce0c Acid ug/L 1 EPA 552.2 Tnchloroacetic Acid u /L I EPA 552.2 Total Haloacetic Add u /L 60 EPA 5522 Uranium -234 pCUL HSL300 Uranium.235 pCUL HSL-300 Uranium -238 pCUL HSL; Year: 2024 (2024 Cycle) Month: UIC PERMIT NUMBER: MN-171-5R21-0002 OPERATOR NAME: Joint Powers Water Board ASR PTC-3 SAMPLE LOCATION: Test Well (Mt. Simon) Constituent Units Dalecb°n LimesInWater Test Well 6 Back StW IrM jection Test WellF681.WelIY6 9W0% Injectionve Federal Dnnkng Standard Methotl Date I 1/y2024 Temperature I °C 1 10.0 H I Sid Units 6.47 Conductivi US/cm 0.441 ORP mV E8.10 Dissolved Oxygen DO m /L 1.81 Chlorine, Total Residual 1 u /L 0.01 0.00 HACH 8167 Sth ED 2008 Aluminum u L 4 <1.7 200 EPA 524.2 Arsenic ug/L 0.5 1.00 10 EPA 524.2 Calcium u L 400 77.000 EPA5242 Copper u L 0.5 <0.57 1000 EPA 524.2 Iron u /L 50 1.700.00 300 EPA5242 Lead u L 0.1 <0.13 EPA5242 Ma nesium u L 100 28,000.00 TPA- S2q_p Man anese u 0.5 220.00 50 EPA 524.2 Potassium u /L 20 2,300.00 EPA5242 Sodium u L 50 5,200.00 EPA 524.2 Alkalinity, Total as CaCO3 mqlL 5 270 SM 2320B Chloride I m /L 2 0.59 250 SM 4500ClE Fluoride I mg/L 0.1 2 SM 4500F/C Nit en, Ammonia I mg/L 0.04 0.14 EPA 350.1 'Phosphorous I mall- 0.4 <0.021 EPA365A Silica, Dissolved m /L 1 9.70 200.7 MET ICP SuVate I Mg/L 2.5 1 16.00 250 ASTM 0516-02 Total Hardness by 23408 1 m L 1420 1 370.00 EPA 200.8 Nitrogen, Keldahl, Total mall. 1 0.38 EPA 351.2 Total Organic Carbon m /L 2 1 0.682 EPA 9060 Gross Alpha pCVL 1T7 EPA 900.0 Adusted Gross Alpha QVI- 15.52 15 Ra-228 pCVL 4 5 EPA 903.1 Ra-228 pCUL 2.14 5 EPA 904.0 Ra-226 + Ra-228 PCVL 6.17 15 Total Uranium u 0.5 7.00 EPA200.8 Bromodichloromethane u L 0.5 <0,10 EPA 524.2 Bromofonn ugtL 4 <0.20 EPA 524.2 Chloroform u /L 0.5 <0.20 EPA 524.2 Dibromochloromethane u9/L 1 0.5 <0.10 EPA 524.2 Total Trihalomethanes (Cale.) u L <0.20 80 EPA 524.2 DirbamoaceOC Acid u L 1 <0.60 EPA 5522 DichloroaceOC Acid u /L 1 1 <0.60 EPA 552.2 Monobromoacetic Atltl u L 1 1 <0B0 1 EP 55222 MonochloroacceOc Acid UWL 1 1 <7.2 EPA 5522 Trichloroacetic Acid u /L 1 <0.50 EPA 5522 Total Haloacetic Acid u L <1.2 1 60 EPA 552.2 Uranium -234 ICIL 1.710 HSL300 Uranium.235 CVL D.BSfi HSL-300 Uranium-238 pCVL 0.410 HSL-300 Page 20 of 53 JOINT POWERS WATER BOARD ncgrpvrr ee • aA,vovc • ST HICHI ca Joint Pourers Water Boad Tel.: 763197-3611 1110050° SINW Fax:763497<908 AlpeMille MN 55301 wJointpxme tertxanlorg TO: Joint Powers Water Board FROM: John Seifert DATE: June 21, 2024 SUBJECT: Approval of Construction Scope and Fee for ASR / 15th Street NE Watermain Looping Project AE2S's original RFP that was selected and approved by the Board for the ASR / 15N Street NE Watermain Looping Project had an estimated scope of services. From this estimate, further refinement of scope has reduced the fee by $10,000 to reflect the attached scope of service with special inspections included. The attached construction scope and fee was reviewed by TAC members and is recommended for approval. Recommended Action: • Staff recommends approving AE2S's construction scope and fee for the ASR/15tD Street NE Watermain Looping Project in the amount of $92,665. ilS1RAN5MISSONC AINSCIXFIDEWN INFMR TKKIMENMDFCRVEECNLYBYTERBOVENFMEDRECIPIEM.READING, DISEUSSIIX MSTRIBWi .ORCOPYINGOFMI5ME5G ISSMIC%YMR 18REDBYPNYONEOTHERT THEN EORECIPIENT ORHISCRHEREMPLOYEESMUENTS. IFYWHAVERECENEDTHIS.INERRORPLEASEIMMEDNTELYWTIFYUSBYTEIEP E (CMLECTI, ME RETURN THE ORIGnM MESSAGE TOUSATME A80VEACCAESS NAUS, POSTP SERNEE Page 21 Of 53 �. AEZS z May 1, 2024 Mr. John Seifert General Manager Veolia North America 11100 50th Street NE Albertville, MN 55301 Re: ASR/ 15th Street NE Watermain Looping Project Construction Scope and Fee Dear Mr. Seifert: Thank you for the opportunity to submit this proposal to provide construction services for the above referenced project. Below please find a detailed scope and fee. Construction Phase A. General Administration of Construction Contract: Consult with Owner and act as Owners representative as provided in the Construction Contract. B. Resident Project Representative (RPR): Provide the services of an RPR at the Site. Full time inspection is anticipated during four (4) weeks for critical construction components per the preliminary construction schedule submitted by Minger. Part-time inspection is anticipated for the remainder of the project. It is anticipated that the total duration of construction will be eight (8) weeks per the bidding documents and the Contractor's preliminary schedule. C. Independent Testing Laboratory Provide Independent Testing services via a subconsultant (AET) as needed to comply with the Ownertesting requirements detailed in the specifications. D. Surveying: Provide surveying services via a subconsultant (True North Surveys) as needed to comply with the scope detailed in Section 01720 of the specifications. E. Pre -Construction Conference: Participate in a pre -construction conference prior to commencement of Work at the Site. F. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to AUS, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. Advanced Engineering and Environmental Services, LLC ¢e Z2ZZ 6901 East Fish Lake Road. Suite 184 • Water Tower Place Business Center . Maple Grove. MN 55369 • P�Sd-463 N6 Joint Powers Water Board ASR / 15th Street NE Watermain Looping Project —Construction Scope and Fee Page 2 of 4 G. Visits to Site and Observation of Construction: In connection with observations of Contractors Work while it is in progress, make visits to the Site at intervals appropriate to the various stages of construction, as AE2S deems necessary, to observe as an experienced and qualified design professional the progress of Contractors executed Work. Based on information obtained during such visits and observations, AE2S will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and AE2S shall keep Owner informed of the progress of the Work. H. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. I. Field Orders: Subject to any limitations in the Construction Contract Documents, AE2S may prepare and issue Field Orders requiring minor changes in the Work. J. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. K. Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. L. Substitutes and "Or -equal": Evaluate and determine the acceptability of substitute or "or -equal' materials and equipment proposed by Contractor. M. Applications for Payment: Review and recommend payment based on Engineers observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: N. Contractors Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved. Receive from Contractor, review, and transmit to Owner the Advanced Engineering and Environmental Services, LLC p((gg3 6901 East Fish Lake Road. Suite 184 • Water Tower Place Business Center • Maple Grove. MN 55369 P9¢e ee �4 AMG Joint Powers Water Board ASR / 15th Street NE Watermain Looping Project —Construction Scope and Fee Page 3 of 4 annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment O. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner's objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. P. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the Work is complete and acceptable so that AE2S may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, AE2S shall also provide a notice to Owner and Contractor that the Work is acceptable. Post -Construction Phase Upon written authorization from Owner during the Post -Construction Phase, AE2S shall: A. Together with Owner, visit the Project to observe any apparent defects in the Work make recommendations as to replacement or correction of defective Work if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. B. Together with Owner, visit the Project within one month before the end of the Construction Contract's correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. Fee Proposal Estimate AE2S will complete the proposed scope of services outlined above for an hourly, not -to -exceed, fee of $92,665. Attachment 1 depicts the anticipated fee estimate to complete each task based on our 2024 hourly rate schedule. Professional fees and expenses are based on the understanding presented within this letter. Schedule AE2S services are based on the Contractor's preliminary schedule of eight (8) weeks Advanced Engineering and Environmental Services, LLC {{qqyy 6901 East Fish Lake Roan. Suite 184 • Water Tower Place eusmess Center • Maple Grove. MN 55369 •PM?b4M36 Joint Powers Water Board • ASR / 15th Street NE Watermain Looping Project — Construction Scope and Fee Page 4 of 4 We appreciate the opportunity to assist the JPW B with this work and look forward to collaborating with you on this effort. If you have any questions or comments regarding our proposed services or if you need additional information, please do not hesitate to contact me at (763) 204-5303. Sincerely, ARS Ursinio Puga, PE' Project Manager Justin � P�_ Operations Manager Advanced Engineering and Environmental Services, LLC 5 pp5qq 6901 East Fish Lake Road. Suite 184 • Water Tower Place Business Center . Maple Grove. MN 55369 •P��� 6 5036 N N O Z V OO O � O V pN b Y Q O a < f 6 2 LN L O Z i 2 N � O ae O � a C e 6 a W 9 e P C a Z L � O C U /Yi u a g }f p 6 6 n p 3' 2 22 Mp C G E a= c ° N V c y° Y d' O 9 r i i C. 4 N o C _ � G V C rl Yi G V O 8 •' a N i y 0 °j! O� u O. ° Y S e an x y _E `S N c y E Page 26 of 53 JOINT POWERS WATER BOARD WIRE TRANSFER POLICY AND PROCEDURE Section I. Policy Statement This Wire Transfer Policy and Procedure ("Policy") outlines the guidelines and steps to be followed by employees of Veolia Water N.A. ("Employees") on behalf of the Joint Powers Water Board ("JPWB") when initiating or approving wire transfers. The purpose of this policy is to ensure the secure and accurate transfer of funds while minimizing the risk of fraudulent activities and errors. Compliance with this policy is mandatory for all Employees involved in the wire transfer policy. Section II. Scone This policy applies to all Employees who have the authority to initiate or approve wive transfers on behalf of JPWB. Section III. Wire Transfer Authorization 1. Authorized Personnel. The below Employees may initiate or approve wire transfers. The list of authorized personnel will be maintained and updated by the General Manager and approved by the JPWB. • General Manager • Office Manager • Finance Administrative Assistant • Other Employees designated by the JPWB may initiate or approve wire transfers. 2. Dual Authorization. All wire transfers must require dual authorization. This means that two authorized Employees must independently verify and approve each wire transfer. The first Employee initiates the transfer and the second Employee approves it. Section IV. Wire Transfer Request Process 1. Request Initiation. The Employee requesting the wire transfer must complete a Wire Transfer Request Form, including the following information and must ensure accuracy and completeness of the information provided: • Beneficiary's time and bank account details • Amount to be transferred • Purpose of the transfer • Any supporting documentation required. 2. Verification. Within one business day, the Office Manager will verify the request for accuracy and completeness and will validate the authenticity of the requestor's identity and authorization via phone call to the direct recipient and exact match payee information on file. 3. Dual Authorization. The first authorized Employee initiates the wire transfer using the JPWB's online banking system or designated wire transfer platform, after exact match verification of finance accounts payable information and phone call to the recipient by the Office Manager. The second authorized Employee independently reviews the wire transfer request of exact match finance payables information and phone call to the recipient, ensuring that it aligns with the JPWB policies and financial objectives. Both authorized Employees must sign off on the wire transfer request, confirming their approval. Page ( of Page 27 of 53 4. Documentation. • Copies of the Wire Transfer Request Form, authorization records, and any supporting documentation must be maintained for audit and recorded -keeping purposes. • A list of all transactions will be submitted to the Joint Powers Water Board at the next regular meeting after the transaction. Section V. Security Measures 1. User Access Control. Access to the JPWB's online banking system or wire transfer platform is restricted to authorized personnel only. Multi -Factor Authorization must be used with passwords and access credentials must be securely managed and regularly updated. 2. Initial Transfer. The initial transfer to the beneficiary will be $1.00 to confirm funds we being transferred to the correct beneficiary. 3. Employee Training. Employees involved in wire transfer activities must undergo periodic training on wire transfer policies and procedures. Employees must be aware of common wire transfer fraud schemes and exercise caution. Section VI. Review and Compliance The Wire Transfer Policy and Procedure will be reviewed annually to ensure its effectiveness and compliance with regulatory changes. Non-compliance with this policy may result in disciplinary action, up to and including termination of employment. A certified copy of the delegation of authority will be provided to the disbursing bank. Section VII. Acknowledement I, (Employee Name), acknowledge that I have read and understand the Wire Transfer Policy and Procedure of the Joint Powers Water Board. I agree to comply with all the requirements and guidelines outlined in this policy. Printed Title: Adopted by the Joint Powers Water Board on Page 2 of 3 Page 28 of 53 Appendix: Wire Transfer Request Form • Requestor Information o Full Name: • Wire Transfer Details o Beneficiary Name: o Beneficiary's Bank Name:_ o Beneficiary's Bank Address o Beneficiary's Account Num o Amount to be Transferred: - • Purpose of Transfer:_ o Supporting Documentation I • Office Manager Verification o Verified by Office Manager o Date: • Dual Authorization o First Authorized Employee (Signature): o Second Authorized Employee (Signature): Page 3 of 3 Page 29 of 53 JOINT POWERS WATER BOARD PURCHASING POLICY Section I. Purpose The purpose of this policy is to establish the procedures for purchases made on behalf of Joint Powers Water Board (JPWB). This policy has the following objectives: 1. To ensure that purchases comply with all applicable laws; 2. To provide clear and consistent guidelines for contractors to follow; 3. To provide clear and consistent guidelines for authorized JPWB employees (Staff) /purchasers to follow; 4. To limit the discretion of Staff and thus limit the possibility of fraud or favoritism. Section IL Purchasing Oversight The General Manager is the Purchasing Agent for JPWB and is responsible for purchasing items within the JPWB budget. All contracts, bonds, and instruments of every kind to which JPWB is a party shall be signed by the JPWB Chairperson (Chair) and/or the General Manager on behalf of JPWB and shall be executed in the name of JPWB. All credit applications must be submitted to and approved by the JPWB Board (Board). Section III. Conflict of Interest Any employee, appointed, or elected official who has a family or personal relationship with a vendor must disclose that relationship to the Board. The Board on a case by case basis shall determine the level of involvement a representative of Staff or the Board may have in dealing with a vendor, in which a family or personal relationship has been disclosed. Section IV. Purchasing Levels The General Manager shall have the authority to authorize and/or approve purchases up to $5,000 based on appropriations contained in the JPWB Budget (Budget). The Board shall approve all purchases over $5,000 based on appropriations contained in the Budget, or items not appropriated through the annual Budget. For purchases or contracts in excess of $5,000, quotes or sealed bids shall be received and presented to the General Manager and Board for official action. The General Manager shall advise the Board on the advantages or disadvantages of contract and bid proposals. If quotes are received, they will be kept on file for at least one year. Minnesota §471.345, Subd. 15 requires municipalities to consider the Cooperative Purchasing Venture (CPV) for contracts estimated to exceed $25,000. For these contracts, a municipality must consider the availability, price and quantity of supplies, materials, or equipment available through the state's CPV before purchasing through another source. Purchases or contracts exceeding $175,000 require formal sealed bids solicited by public notice in accordance with Minnesota §471.345, Subd. 3. The competitive bidding law applies to: • Contracts for the purchase or rental of supplies, materials or equipment. • Contracts for the construction, alteration, repair, or maintenance of real or personal property. Page 1 of 5 Page 30 of 53 The purchaser shall prepare or cause to be prepared, the specifications, the advertisement to solicit sealed bids, the opening and tabulation of bids, and any necessary investigation of the bids. The General Manager shall recommend to the Board the lowest responsible bid and the Board shall accept such bid. In all cases, the Board reserves the right to accept or reject any or all of the bids, and waive informalities therein. Exclusions from Comnetitive Bidding Requirements It is not legally necessary to advertise for bids for: • Non -contracts or certain agreements (Minn. §471.345, Subd. 2). • Electronic purchases through reverse auctions (Minn. §471.345, Subd. 16). • Professional services such as those provided by doctors, engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training. • The purchase or lease of real estate. • Insurance contracts (Minn. §471.6161). • Certain public safety equipment if the equipment is limited to a single source of supply (Minn. §471.3455). Section V. Purchasing Procedures Purchases may be made by the following methods: 1. Purchase orders 2. Auction or Government surplus 3. Emergency purchasing 4. Disaster purchasing Use of Purchase Orders These procedures apply to the purchase of supplies, materials, equipment, or the rental thereof, or the construction, alteration, repair, or maintenance of real or personal property. All purchases must be consistent with the approved annual budget. All telephone or verbal quotes must be followed with written confirmation. 1. Purebases of less than $5,000 The purchase may be made in the open market by the General Manager. The purchase should be based on a minimum of two (2) quotations. Quotations may be obtained by telephone or in written form via facsimile, delivery service, or Internet. Quotations must have a specific date and time period for which they are valid. All quotations should be kept on file for a minimum of one (1) year and include the names of vendors providing the quotations, the amounts of the quotations, and each successful quotation signed and dated. Quotations from unsuccessful bidders should be attached to the payment voucher of the successful bidder. A Purchase Order most be completed. General Manager approval is required. 2. Purchases from $5,001 to $175,000 The proposed purchase must be presented to Board for approval before the commencement of the purchasing process. The purchase may be made either via sealed bids or by obtaining three (3) or more written quotations, without advertising for bids or otherwise complying with the requirements of competitive bidding laws. Quotations maybe obtained by telephone or in written form via facsimile, delivery Page 2 of 5 Page 31 of 53 service, or Internet. Quotations must have a specific date and time period for which they are valid. All quotations should be kept on file for a minimum of one (1) year and include the names ofvendors providing the quotations, the amount of the quotations, and each successful quotation signed and dated. If quotations are obtained by phone, they must be followed up with a signed quotation to be considered a valid quotation. The quotations must be forwarded to the Board for selection and approval. This approval shall be accomplished by an agenda write-up submitted for consideration at a regularly scheduled Board meeting. A Purchase Order must be completed. 4. Purchases exceeding$175,000 The proposed purchase must be presented to the Board for approval before the commencement of the purchasing process. Purchases or contracts exceeding $175,000 require formal sealed bids solicited by public notice in accordance with Minn. §471.345, Subd.3. The purchaser shall prepare or cause to be prepared, the specifications, the advertisement to solicit sealed bids, the opening and tabulation of bids, and any necessary investigation of the bids. The General Manager shall recommend to the Board which bid is the lowest responsible bid. The Board shall accept such bid. In all cases, the Board reserves the right to accept or reject any or all of the bids, and waive informalities therein. The Board has reasonable discretion in determining the lowest responsible bidder. Not only must asuccessful bidder submit the lowest bid price and substantially meet the terms and conditions of the specifications, the low bidder must be considered "responsible" and have the capacity to perform the proposed contract. "Responsibility" includes such considerations as the bidders' financial responsibility, integrity, ability, skill, and likelihood of providing faithful and satisfactory performance. There is more latitude in purchasing items of equipment not capable of exact specifications. In making such a purchase, the Board may exercise reasonable discretion in determining the lowest responsible bidder. The Board may consider, in addition to the bid price, the quality, suitability, and adaptability of the article for its intended use. Exclusions from Competitive Bidding Requirements It is not legally necessary to advertise for bids for: 1. Professional services such as those provided by doctors, engineers, lawyers, architects,accountants, and other services requiring technical, scientific, or professional training. Before contracting any professional service over $4,999, Board approval is required. The Board will decide if quotations or bids are appropriate even thoughnot legally required; 2. The purchase or lease of real estate; 3. The purchase of non-competitive products patented or obtainable from only one source. Demonstration of this circumstance must meet statutory requirements for a "sole source vendor" purchase. Page 3 of 5 Page 32 of 53 Auction or Government Surplus Generally, purchases over $5,000 require prior Board approval. From time to time, opportunities to purchase at auction or from government surplus sites arise. These purchases can offer great discounts or reduced pricing. The time frame for taking advantage of the reduced pricing may be a small window. Therefore, the General Manager has the ability to make such purchases for up to $10,000 as long as funds are allocated in the budget for any equipment or item bought on auction or from a surplus site. Such purchases will be reviewed and approved by Board as soon thereafter as time permits. Emergency Purchasing When an emergency occurs that may jeopardize public safety or the health and welfare of employees or citizens, the General Manager may authorize a necessary emergency purchase. Emergency purchases and the reason for the purchase shall be reported to the Board within 24 hours. The General Manager will report to Board as quickly as possible. The Emergency Management Act (Minn. § 12.37) gives cities the ability to declare an emergency for a limited period of time for "an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring" or for a disaster ("a situation that creates an actual or imminent serious threat to the health and safety of persons"). During the declaration the Board is not required to use mandated contracting procedures. Disaster Purchasing The General Manager may declare a local disaster or emergency. The declaration shall not be continued for a period in excess of three (3) days except by, or with the consent of, the Board. A disaster may result from fire, flood, tornado, blizzard, destructive winds, or other natural causes, or fromsabotage, hostile action, or from hazardous material mishaps or catastrophic measures, or emergencies that are technological in nature. During a declared emergency, the Board may enter into contracts and incur obligations necessaryto combat the disaster by protecting the health and safety of persons and property, and providingassistance to victims of such disasters. The Board may exercise such power as deemed necessary without complying with purchasing procedures prescribed by law pertaining to the performanceof public work, entering into rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditures of public funds, including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnellaws and rules, provisions related to low bids, and requirement for budgets. Invoice Approval The General Manager shall review all invoices for expenditures and verify the validity of the charges. The General Manager shall sign and appropriately code invoices after ascertaining that the goods or services have been delivered to the Board in the quantities listed andthat the amounts charged are correct. The packing list or other documentation of receipt should be attached to the signed invoice. All purchases/payments shall be reviewed and ratified by the Board at their regular meeting before payments are released. Page 4 of 5 Page 33 of 53 Payments will only be made from the original invoice; payments from statements are not allowed. Section VI. Procedures after Purchase It is the responsibility of the General Manager to ensure goods or services are delivered in an acceptable manner. An invoice must be procured for all goods or services for payment. Invoices must have the following items: • Date of service • Date of invoice • Description of goods or services • Amount • Name and address of vendor Invoices must also show JPWB as the paying customer. All invoices must be approved by the General Manager and forwarded to the Office Manager for payment. All purchases are approved by Board at each regularly scheduled meeting. Adopted by the Joint Powers Water Board on Page 5 of 5 Page 34 of 53 SEH MEMORANDUM TO: Joint Powers Water Board FROM: Christopher Larson, P.E. DATE: June 18, 2024 RE: MBI Pay App No. 8 - Filter Rehabilitation Attached is Application for Payment No. 8 from Municipal Builders, Inc. This application for payment is for work on the Filter Rehab Project through June 10, 2024. I have reviewed this application for payment and believe it to accurately reflect work completed through the above referenced date. We recommend that the Board pay the requested amount of $85,694.02. Attachments: MBI Application for Payment No. 8 Short Elliott Hendrickson Inc., 3635 Vadmis Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I vnvae.aehlnc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 rax Page 35 of 53 z Z cW G Q a w 0 ui LL F- W U 0 Z Q Z O Q U J Q. d Q Z LL r 0 O V m n a Z O Q H m � 6 m W J Q W N LL Z 3 z Z � N N W 1 N W w = J_ J_ 1 d M W O W O Q O H p W O i z O C J � m O z O W m M W ^ Q O m U N J ZZ N N N m y Z 2 J > 6 Z Q J W > > m V O ` 6 Z 0} y cw o�m O vmi H U i N Z f O 0z H LL o m C vi I m 0 m � 0 m m Z N VI O O O � m v m e o O M M Q H � 0 C f 9 p c v O i o a f L 2 C 16 � ` q N 0 o E o m i n a V u Q Z 2 s n � I ¢ U ¢ O E o' o a f V O C 0 E c - I `E u a a ¢ O 2 I V 8 w m F V ¢ C E E E j' E o - I 3 �` u � o 3 I 5 E E � I Z}� i Page 36 of 53 W W 2 Z O a z Z_ P: Z O V O o o n 0 o O n N N N O O O N O O O N O O Q O O O N O 0' O N N Z O� b In O O O m ^\ W m M O 1 M m h m N N U vt\o w 0 0 o m o 0 0 o m O O O 1p O p O O b V H 0 0 O V G G C O C z i p m a VI m m r w E O m m o G o 0 o m o 0 0 o m E ii 2 x� o 0 o ry o 0 0 o m 2 0 O p W O O o m o 0 o m b FQ G G C ui OO G C N Q e O Q m N O O O O M V Ve G w O M J 0♦ M M F� 0 A m P b 001 M Q O O O O O O O O O O O Q O Z D O O O O O O O w O O O C O O G O OO w W O O 0 0 0 0 0 000 00 0 0 0 0 0 0 G O O O C O O d O_ w O F ti N_ N O C U F a n ro C A O O O N O O O - m O q O z O O O M O O O M b O C C OO vi G C G vi O z E z Z+ w m n o 0 0 0 o m m O ¢ a O i a N- N o le v vi m ao P P m m m a a = d - o c - a O «� o 0 0 00 0 0 � .- a 0 0 0 0 o O o m m F q d w O O O O O O O m m >> N M M d m O O O O O O w y Q d o m w m Q N b J Z Z F o s Z w 3 Z w op m OH Q A c 3 z 0 id u ud 0 a0 ¢ E« Q z p = Z O d O 4o N a U o N F a q ? p O p rn a o a Ja < a = z W E O c C o Z = w V V d vi -W, Z \ Q VI f V W z Z OC Z m xN O N U E V O O O a V £ - C d Q f O O Q V C J Z N N N p1 P p b N Page 37 of 53 GENERAL BUSINESS Page 38 of 53 JOINT POWERS WATER BOARD t% .4LSff'JVfGLf. • HfiNOVGr; • 57. MfCHAEC Joint Powers Water Boats Tel.: 763 97-3611 111005V st NW Fax:'l6349]4906 AI6eM1MAlle MN 55301 w .jointpowerswateftardar9 TO: Joint Powers Water Board FROM: John Seifert DATE: June 18, 2024 SUBJECT: FirstAmendment to 2019 Verizon Wireless Site Lease Agreement The Joint Powers Water Board previously authorized Staff and the Board's attorney, Scott Landsman, to negotiate an amendment to an existing lease agreement for tower space on the East Water Tower located on 50th Street. The Verizon legal department approved the First Amendment as attached. Recently, the Verizon site coordinator has progressed the site plan review process through JPWB's site consultant (SEH Engineering), to the final stage. With the structural and electrical reviews complete, Staff and consultants are recommending approval to Verizon conditioned on the execution of the attached First Amendment. This amendment accomplishes the following JPWB goals: 1. Increasing the starting rent to $25,850 per year; 2. Inclusion of funds to cover our review time for legal fees of $2,000; and 3. Commencement Date timeline to be defined as the first day of the month following the issuance of a Building Permit by the City of St. Michael. Staff recommends that the Board approve the First Amendment to the Verizon Lease as presented. Verizon is looking to start the build in late summer of 2024. Recommended Motion: Staff recommends a motion to approve the First Amendment to the Verizon Lease as presented. ABJVE.EORECIPIENT. ,.W. DeDWSIQV, DEMERIT", OR C YINGOF THIS MEaSFC£IS STRKTLY PRGXI&TED BY ANYONE OTHER TINN THE NAMEO RECIPIENT ORHISORHEREMPLOYEESORAGENTS. IFVWHALERECENEDTMSF.INERROR.R EIMME.ELYNOTIFYUSSYTEIE oHE (C aCi.MDRETURNTHEORIGIR MESSAGEMUSATTHEPPOY£A USNAUS. NT&SERME. Page 39 of 53 MIN Bigwoods / 5000083235 FIRST AMENDMENT TO SITE LEASE AGREEMENT This First Amendment to Site Lease Agreement ("Amendment") is made this _ day of , 20, by and between Hanover, St. Michael and Albertville Joint Powers Board, a Minnesota Joint Powers Board, with its principal offices at 11100 50" St. NE, Albertville, MN 55301 ("Landlord") and Cellco Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 966-862-4404) (`"Tenant"). Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WHEREAS, Landlord and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, predecessor in interest to Tenant, entered into a Site Lease Agreement dated August 26, 2019 (the "Agreement") whereby Tenant leases from Landlord certain space at 50th Street NE, City of St. Michael, County of Wright, State of Minnesota, as further described in the Agreement; WHEREAS, the Parties desire to amend the Agreement in order to document certain modifications to Tenant's equipment and to otherwise modify the Agreement as hereinafter described. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parries hereto agree to be legally bound to this Amendment as follows: 1. The above recitals are incorporated herein by reference. Except as expressly set forth in this Amendment, all defined terms herein used shall have the same meaning as set forth in the Agreement. 2. As consideration for the modifications to Tenant's equipment and the period between the Effective Date and the Commencement Date, the annual rental payable during the Initial Term, as set forth in Section 4.a, of the Agreement, is hereby increased to a new total annual amount of Twenty Five Thousand Eight Hundred Fifty and 00/100 Dollars ($25,850.00). The annual rent, as modified by this Amendment, shall escalate during the Renewal Terms in accordance with Section 4.a. of the Agreement. 3. Exhibit B to the Agreement is hereby replaced and superseded by Exhibit B-1, attached hereto and incorporated herein. 4. The Commencement Date shall commence upon the first day of the month in which Tenant receives a permit to install its equipment described in attached Exhibit B-1. 5. Tenant shall pay to Landlord, within ninety (90) days of the date of this Amendment, Two Thousand and No/100 Dollars ($2,000.00). This payment is for the Landlord's costs associated with reviewing this Amendment. Page 40 of 53 6. All remaining provisions of the Agreement shall remain in full force and effect as to all other terms and conditions, and shall remain binding on the Parties hereto. The Parties hereby ratify the Agreement, as amended by this Amendment. 7. The Agreement and this Amendment contain all agreements, promises or understandings between the Parties. No oral agreements, promises or understandings shall be binding upon either Party in any dispute, controversy or proceeding at law. Any addition, variation or modification to the Agreement and/or this Amendment shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement and/or this Amendment is found to be invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions of the Agreement and/or this Amendment. Each of the Parties hereto warrants to the other that the person or persons executing this Amendment on behalf of such Party has the full right, power and authority to enter into and execute this Amendment on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Amendment. Remainder ofthis page intentionally left blank; signature page and exhibitsfollow Page 41 of 53 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. LANDLORD: Hanover, St. Michael and Albertville Joint Powers Board TENANT: Cellco Partnership d/b/a Verizon Wireless Date: Page 42 of 53 EXHIBIT B-1 Page 43 of 53 y Z 55pp pp c �y-S5FA' R6a Q_ E fi13y 36 c'� 8 p w y I=osaeev BOE INN.' s°g E'2°i,6i6j3: 5 p '7" e� a 161 es Ga- _zo C'ax 01 ¢fig 6I$Ca a. 3 S yl €ySfi ��VV �� ¢Rtl ". 0 W u E6^p lj'g a riiee 1, a Sw 9i12fZ3 A fi33I „�fia��aa��x:&at5e oil W O El0 l -I9 " ry HY�i ry S Z y E B a p E g � "I §y g I i j ❑ q p pppp g W s wo ig e �6e � €g 894 fqi A 3F tN- 8aI' 22313s@3@ Jim o a €3p3gE"4�' U t c r c c 44 of 53 ENGINEER Page 45 of 53 J JOINT POWERS WATER BOARD �\ R[.%E13VlLlE HANOV69 • ST. H[PHf161 Joint Powers Water board Tel.: 763 97-3611 1110050-stNW Fu:763 97i900 A terlvllle MN 55301 waw.lointpoeerswatertoard.oM MEMO TO: Joint Powers Water Board FROM: John Seifert DATE : June 21, 2024 SUBJECT: Approval of Limited Engineering Study on Condition Assessment of SCADA and Communication Systems for Joint Powers Water Board The Joint Powers CIP identified a budgetary line item for SCADA upgrades. With the aging infrastructure, the current SCADA equipment is no longer supported and replacement parts are in short supply in the secondary market. For this reason, the CIP identified a future need for replacement pending a further defined scope and engineering memo. Attached is a scope of services from Chris Larson to inspect and provide a condition assessment for future SCADA upgrades. Recommended Action: Approve Limited Engineering Study on Condition Assessment of SCADA and Communication Systems for Joint Powers. THIS 1RANBMISSM WNTNNS CONFIDEWUP INFORMTKN IMENUED FCR USE ONLY BY THE PBpVE NAMED RECIPIENT. READING. )I WUSUDN. MSTRIBUTiON. M COPYING X THIS MESSAGE IS STRI TLY%i IBTTED BY ANYONE OTHER TMPN THE NAMED RECIPIENT ORHISORHEREMPLOYEESMAGENTS. IFYWHAVEREME DTHISFMINERROR.KF EIMMEp EL WTIFYUSBYTEI.EPHME UCUECT. MO RETURN THE CRIGUN MESSAGETOUSATTHEABryrEMORESSVHA U5 PJ5TASERVICE. Page 46 of 53 Agreement for Professional Services This Agreement is effective as of June 24, 2024, between Joint Powers Water Board (Client) and Short Elliott Hendrickson Inc. (Consultant). This Agreement authorizes and describes the scope, schedule, and payment conditions for Consultant's work on the Project described as: SCADA Evaluation. Client's Authorized Representative: John Seifert, General Manager, Veolia Address: 11100 50th Street NE Albertville, MN 55301 Telephone: 612.919.3783 email: john.seifert@veolia.com Project Manager: John Carlson Address: 3535 Vadnais Center Drive St. Paul, MN 55110 Telephone: 651.490.2000 email: jcarslon@sehinc.com Scope: The Basic Services to be provided by Consultant as set forth herein are provided subject to the attached General Conditions of the Agreement for Professional Services (General Conditions Rev. 05.15.22), which is incorporated by reference herein and subject to Exhibits attached to this Agreement. The scope of work and schedule is included in the proposal in Exhibit B. Fee: The fee shall be time and materials and is subject to a not -to -exceed amount of $9,200 including expenses and equipment. The payment method, basis, frequency and other special conditions are set forth in attached Exhibit A-1. This Agreement for Professional Services, attached General Conditions, Exhibits and any Attachments (collectively referred to as the "Agreement") supersedes all prior contemporaneous oral or written agreements and represents the entire understanding between Client and Consultant with respect to the services to be provided by Consultant hereunder. In the event of a conflict between the documents, this document and the attached General Conditions shall take precedence over all other Exhibits unless noted below under "Other Terms and Conditions". The Agreement for Professional Services and the General Conditions (including scope, schedule, fee and signatures) shall take precedence over attached Exhibits. This Agreement may not be amended except by written agreement signed by the authorized representatives of each party. Short Elliott Hendrickson Inc. Joint Powers Water Board By: C/�_ f�ti By: Christopher Larson, PE Title: Client Service Manager Tide: Short Elliott Hendrickson Inc. Letter Agreement-1 Joint Powers Wnatte]r Board Affirmative Action. Equal Opportunity Employer mega 4/ 3 Exhibit A-1 to Agreement for Professional Services Between Joint Powers Water Board (Client) and Short Elliott Hendrickson Inc. (Consultant) Dated June 24, 2024 Payments to Consultant for Services and Expenses Using the Hourly Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. Hourly Basis Option The Client and Consultant select the hourly basis for payment for services provided by Consultant. Consultant shall be compensated monthly. Monthly charges for services shall be based on Consultant's current billing rates for applicable employees plus charges for expenses and equipment Consultant will provide an estimate of the costs for services in this Agreement. It is agreed that after 90 % of the estimated compensation has been earned and if it appears that completion of the services cannot be accomplished within the remaining 10% of the estimated compensation, Consultant will notify the Client and confer with representatives of the Client to determine the basis for completing the work. Compensation to Consultant based on the rates is conditioned on completion of the work within the effective period of the rates. Should the time required to complete the work be extended beyond this period, the rates shall be appropriately adjusted. B. Expenses The following items involve expenditures made by Consultant employees or professional consultants on behalf of the Client. Their costs are not included in the hourly charges made for services but instead are reimbursable expenses required in addition to hourly charges for services and shall be paid for as described in this Agreement: 1. Transportation and travel expenses. 2. Fees paid, in the name of the Client, for securing approval of authorities having jurisdiction over the Project. 3. Plots, Reports, plan and specification reproduction expenses. 4. Other special expenses required in connection with the Project. 5. The cost of special consultants or technical services as required. The Client shall pay Consultant monthly for expenses. C. Equipment Utilization The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Client. The Client, therefore, agrees to pay the cost for the use of such specialized equipment on the project. Consultant invoices to the Client will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by Consultant. The Client shall pay Consultant monthly for equipment utilization. Short Elliott Hendrickson Inc. Letter Agreement- 3 Joint Powers Water Board (aget4Vib) A SEH Building a Better World for All of Us - Exhibit B June 20, 2024 RE: Joint Powers Water Board Water Systems SCADA Letter Report John Siefert General Manager Veolia North America do Joint Powers Water Board 11100 50m St NE Albertville, MN 55301 Dear -John: Thank you for the opportunity to submit this proposal for professional services to the Joint Powers Water Board for SCADA System Letter Report. This project will describe the existing SCADA major components and provide recommendations for modernization. This letter serves as our understanding of the project, scope of services, and fees. PROJECT UNDERSTANDING The water system SCADA (Supervisory Control and Data Acquisition) was mainly installed in 1999 with the central control center located at the water plant. The water plant communicates to the remote towers and wells over radio. The water plant uses Wonderware Intouch software to provide operator interface to the control system and data is stored using a Hach Wilms database. 3rd party software is used for remote connection to the SCADA computer. PROJECTTEAM SEH Project Manager: John Carlson Controls Systems Specialist: Dan Hanson Controls Systems Engineer CA Reviewer: Tom Sontag SCOPE OF SERVICES The following task descriptions outline our project professional services for this project. Task 1.0: Project Initiation The following services are proposed for the project initiation phase of this project. Task 1.1. 10'ck-off-meeting and site investigation. Lead a Kickoff meeting with project team and other stakeholders to review the project objectives, scope, schedule, and budget: • Meeting to be held at the water plant. • John Carlson to be present. • Meeting agenda will be provided ahead of the meeting, and meeting notes will be provided following the meeting. • Following meeting, perform field investigation at the project WTP, wells, and elevated tank sites. • Catalog existing SCADA equipment including main PLC, remote PI -Cs, and radios. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc. 13535 Vadnais Center Cove I Saint Paul, MN 55110-5196 Page 49 of 53 SEH is 100% ehiuoyeemned I sehlnc.conn 1 651.490.2000 1 800.325.2055 1 888.908.8166 fax Joint Powers Water Board —Water System SCADA Letter Report June 20, 2024 Page 2 Task 12)0016 90% letter report: Prepare the letter report to a 90% level of completion and deliver to Joint Powers for review. 90% Deliverables: I. Letter Report a. Document existing conditions. b. Recommendations including the following: i. New PLCs ii. New Radios iii. Evaluation of Wonderware versus Ignition c. Opinion of probable costs Task 1.3 90% Review Meeting: SEH Project Manager will lead a review meeting to discuss outstanding issues and Owner comments. We anticipate that this meeting will last 2-hours. This meeting will be held via Microsoft Teams and John Carlson and one of the control systems specialists will attend this meeting. Following this review meeting, we will make agreed upon changes to the project letter report. Task 1.4 Final Deliverable: Deliver the final letter report to the Joint Powers in PDF form. ASSUMPTIONS AND CLARIFICATIONS 1. SEH will provide all documentation electronically and has not included any printing costs. 2. Electricallcontrols engineering is the only technical discipline engineering services included. Services are not included for architectural, civil, survey, geotechnical, structural, or mechanical, engineering services. 3. We have included one meeting onsite and have assumed one meeting online as outlined in the services above. PROJECT SCHEDULE Milestone Schedule 2-weeks after NTP— Project kick-off meeting 2-weeks after project kick-off meeting —90% deliverable 1-week after deliverable — 90% review meeting 1-week after review meeting — Final deliverable. COMPENSATION SEH is prepared to complete this scope of work and is prepared to begin these efforts upon receipt of your written Work. Attached is a services agreement that you can use to authorize us to begin this work. Based on the scope of services described above, SEH proposes to complete the work for an hourly fee of $9,200. Page 50 of 53 Joint Powers Water Board — Water System SCADA Letter Report June 20, 2024 Page 3 SUMMARY SEH is excited to work with the Joint Powers Water Board on this important project. Please contact John Carlson or Chris Larson with any questions or requests for additional information. Thank you for the opportunity to submit this proposal. Sincerely, SHORT ELLIOTT HENDRICKSON INC. John Carlson, PE Christopher Larson, PE Project Manager, Lead Electrical Engineer Client Service Manager dmk Page 51 of 53 General Conditions of the Agreement for Professional Services SECTION I - SERVICES OF CONSULTANT A. General 1.Conwrant agrees to perform professonal services as set forth in the Agreement for Professional Services or Supplemental Letter Agreement ('Services'). Nothing contained in Us Agreement shall create a contractual relationship w or a cause of action in favor of a third party against either the Client or the Consultant. The Consultant's services untlerNis Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any daim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. B. Schedule 1.Unless spedfic periods oftime a dates for providing services are specified, Consultant's obligatim to render Services hereunder will be for a period when may reasonably be reputed for the completion of said Services. 2, If Client has requested changes in the rape, event, or character of Me project or the Services to be promded by Consultant, the time of performance and compensation for the Services shag be adjusted equitably. The Client agrees that Consultant rs not responsible for damages arising directly or indirectly from delays beyond Consultant's control. If me delays resulting from much causes increase Me cos or the time required by Consultant to perform the Services in accordance with professional skill and care, Men Consultant shall be enNled to a equmble adjustment in schedde and compensation. C. Additional Serulces 1. If Consultant determines Met any cervices it has been directed or requested to perform are beyond Me scope as set font in Me Agreement or Mat, due to changed conditions or changes in the method or manner of administration ofee project, Consultant's effort required to perform its services under this Agreement exceeds Me dated fee for Me Services. Men Consultant shall promptly notify the Client repenting Me need for additional Services. Upon notification and in the absence of a written objection, Consultant shall be entitled to additional compensation for Me additional Services and to an extension of time for ompletion of additional SeNoss absent mMen objection by Client. 2.AtldHional Services, including detiwry of dwum ends. CAD files, or information not expresdy included as de iwrables, shag be bitted in accord with agreed upon rates. or fl not W ckessed. Men at Consultant's standard! rates. D. Suspension and Termination 1.If Consdtmrs services are debayed orsuspended in whole or m pan by Client, or if Cmsutmfs services are delayed by actions or Inactions of others for more Man ED days through no fault a Consultant, Men Consultant shall be entitled to either terminate its agreement upon seven days wnllen notice or, at its option, accept an equitable adjustment of mmpmsalion prwitled for elsexhere in Us Agreement to reflect costs incurred! by Consultant. 2.This Agreement may be terminated by either party upon seven days written notice should the Ocher party fail substantially to perform In acoodlaw with its terms through w fault of the party initiating Me termination. 3.This Agreement may be terminated by either party upon thirty days' written notice wiMout cause. All prodsions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of Me Services hereunder and/or Me termination of this Agreement. 4.In Me event oftevoination, Consultant shall be compensated for Services performed prior to termination elate, including charges for expenses and equipment costs Men We and all termination expenses. SECTION II - CLIENT RESPONSIBILITIES A. General 1. The Client shag, in proper time and sequence and where appropriate to the Project at no expense to Consultant, provide fW information as to Client's requirements for the Services provided by Consultant and access to all pudic and prhete lands required for Consultant to perform its Services. 2.The Consultant is not a municipal adnscr and therefore Client shall provde is own legal, accounting, financial and insurance counseling, and other spedal sertices as may be required for the Project. Client shall provitle to Consultant all data (and professional interpretations theirl prepared by or services performed by others pertinent to Consultant's Services, such as previous reports; wb-surface explorations; laboratory tests and inspection of samples; enmrmmertal assessment and impact statements, surveys, property deschptions: zoning; deed; and other land use restrictions: ore -built drawings; and electronic data base and maps. The costs associated with correcting, creating or recreating any data that is pno eel by Me Client that contains inaccurate or unusable information shall be the responsibility of the Client. 3. Chen[ shall provide prompt when notice to Consultant whenever Me Client observes or othe m becomes aware of any changes in the Project or any defect in Consultant's Services. Client shag promptly examine all studies, repots, sketches, opinions ofcondwction costs. specifications, drawings, proposals, change others, supplemental agreements, and other documents presented by Consultant and render the necesnry decisions and instructions so that Consultant may provide Services in a timely maimer. 4. Client shall require all utilities wilh facaties wlthM the Project site to locate and mark mid utilities upon repued, relocate and/or protect said utilities to accommodate wodr of the "ect. submit a schedule of the necessary relocatioNprdectim actro ties to the Client for re ew, and comply with agreed upon schedule. Consultant shall not be gable for damages which ance cot of Consultant's reasonable reliance on the information or services fumished by utilities to Client or others hired by Client. 5.Conwtant shag be added to rely on the accuracy and completeness of information or sermces furnished by the Client or others employed by Me Client and shall not be liable for damages ending from reasonable reliance on such materials. Consultant shag promptly notify the Client if consultant dissevers that any infomlation or services fumisbed by the Client is in error or is inadequate for its purpose. 6.0mm agrees to reasonably cooperate, when requested, to assist Consultant with the Investigation and addressing of any complaints made by Consultant's employees related to Inappropriate or unwetcomed actions by Client or Client's employees a agents. This she include, but not be limited to, prodding access to Clients employees for Consultant's imse igation, attendance at hearings, responding to inquiries and providing Hull access to Client files and information related to Consultant's employees, it any. Cad agrees that Consultant retains the absolute right to renew any of its employees firm Client's facilities a Consultant, in its side discretion, determines such remowl is advisable. Consultant, likewise, agrees to reasonably cooperate with Client with respect to the foregoing in T. Client acknowledges that ConwlMnl has eurpended significant effort and expense in training and dwelopirg Consultant's employees. Therefore, during Me term of this Agreement and for a period of two years after the termination of this Agreernent or the completion ofthe Services under this Agreement, whichever is longer. Client shall not directly or Indirectly: (1) hire, solkg or encourage any employee of Consultant to leave the employ of Consultant; (2) hire, solicit or encourage any consultant orindependent cor tmetor to cease work with Consultant; or (3) circumvent Consultant by concluding business directly with its employees. The two-year penotl set forth in this section shall be extended commensaatety wind my amount of time during which Client has undated its terms. SECTION III - PAYMENTS A. Involves 1. Undisputed portions of inwices are We and payablewithin 30 days. Cient mud notify Consultant n writing of my disputed items within 15 tlays from recept ofinvoice. Amounts tlue Consultant will be increased at the rate of 1.0%per month (orthe maximum rate of interest pennittetl by lax, if leas) fa kwaoY 30 days pad We. Consultant reserves Me right to retain Services or delivembles until all inwices are paid in full. ConwltaN well not be liable for any claims of loss, decry, or damage by Client for reason of withholding Services, degiveraNes, or Instruments of ^mice until ell invoices are paid full. Consultant shall be entitled! to deover all reasonable General Conditions -1 (Rev. 05.15.22) Page 52 of 53 costs and disbursements, including reasonable attorneys fees. incurred in correction with colleding amounts owed by Chen. 2. Should taxes, fees or costs be imposed, May shall be In addition to Consultant's agreed upen compensutmn. 3. NoWflis ammig anything to Me contrary harem, Consulpnt may pursue oolfedim of past due nwiees wghout the nacessity aany medallion proceedings. SECTION IV —GENERAL CONSIDERATIONS A. Standards of Performance 1.The standard of care for WE professional engineering and related services performed or famished by Consultant under this Agreement ME be the care and skip ordnanly exercised by members W Consultant's prefession practicing under similar circumstances 4 the same time and in the same locality. Consultant makes no wamanties, express or implied, under this Agreement or ogfnwise, in connection .On A. SeMces. 2.0onsurant neither guarantees the performance of any Cont adcrnor assumes responsibility for any Contractor's failure to furnish and perform the work an acccNance with its construction contact or Me construction documents prepared by Consultant. Client acMwNedges Consultant mil not tltred, supervise or control Me work of construction contactors or their subcomactors at the site or chemise. Consultant shall haw no authority c,mr or responsibility for Me contactors acts or omissions, nor far its means, methods, or procedures aconsimction. Consultant's $services do not include review or evaluation aMe Client's, contractor's or subcontractor's safety measures, slob site safety or finishing or performing any a Me Contractor's work 3. Consultant's Opinions of Probable Construction Cod are provided if agreed upon in writing and made on the basis of Consultant's experience and qualdxadons. Consultant has no control over the cod of labor, materials, equipment or service fumished by others, or om Me Contractors methods of determining prices, or o compeetiw bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids or actual construction cod will net wry train Opinions of Probable Construction Cod prepared by Consultant. If Client wishes greater aswrance as to construction costs, Client shall employ an independent cod estimator. B. Indemnity for Environmental Issues 1.Consultant is not a uses, generator, hander, operator, arm ngef. starer, transporter, a disposera hazardous a toxic substances. Therefore the Client agrees to hold harmless, Indemnify, and defend Consultant and Consultant's officers, directors, subconsultmt(s), employees and agents Ran and aganst any and all dams; losses; damages: liability: and costs, including but net limited to cots of defense, arising out of or in anyway comeded wed, Me presence, discharge, release, or escape of hmardms a toxic substances, pollutants or contaminants of my feint at Me site. C. Llmitinlons an Liability 1. The Client hereby agrees that to the fulled extent permitted by Nov, Conwltant's total liability to Me Client for all injuries, claims, losse, expenses, or damages whatscewr war, col of or in any way related to the Project or his Agreement from any cause or causes including, but net limbed to, Consultant's negligence, errors. omissions, sold liability, breach ofcontact orbreach of warranty shall net exceed five hundred thousand dollars ($500,000). In the event Client desires limits ofliability in excess of Mole provided in this paragraph. Client shall advise Consultant in visiting and agree that Consultant's fee shall increase by 1%for each additional five hundred thousand dollars of liabliy limits, up to a maximum limit of liablily of five maim dollars 2. Neither Party shall be liable to the What far consequential damages. including Mhut limitation lost rentals; increased! rental expenses: loss of use; loss of name; lad profit financing, business, or reputation; and loss of management a employee productivity, caned by one mother or their Whodunits, or wocessors. regardless of nether won damages are foreceude and are caused by breach of contract, willful misecridud, neglgmt act or mission. a oher vaonghil ad of either a them. Consultant expressly disch ms any duty to defend Client for any alleged actions or damages, 3. It is intended by Me parties to this Agree nent that Consultant's SeMces shag not subject Consultant's anployees, officers or directors to any personal legal exposure forthe risks associated wth Nis Agreement. The Client agrees that as Me Client's We and excluswe remedy, any claim, demand or wit shall be directed andfor asserted only against Consultant, and roll agand any of Consultant's individual employees, offices, or directors, and Client Movingly waiws as such claims against Consultant Individual employees, officers or directors. 4.Causes of action between the parties to hro Agreement pertaining to acts a failures to ad shall be dxmed to nave accrued, and Me applicable gbtdes of limitations shall commence to run, not later Man tither the date of Substantial Completion for ads or failures to ad occurring prior to substantial completion or me date of issuance W Me Real invoice for ads or failures to M occurring after Substantial Completion. In ra want shall well statutes of limitations commence to run any later than he date "an the Services are wbslant ally completed. D. Assignment 1.1,1etiher party tothis Agreement steal harder, sublet or assign any rightsuMeoorinterests In,tNSAgreementaircWh sbasedon Nis Agreementwdthout the prior written consent ofthe other party. Any assignment in vidation of this subsection steal be null and wid. E Dispute Resolution 1.Any dispute between Client and Consultant adding cut of or relating to this Agreement or the Services (except far unpaid novices which are gowmed by Section III) shall be submitted to mediation as a precondition to litigation unless Me pasties mutually agree charged. Medatim shad occur Minim SO days W a MRm demand for mediation unless Consultant and Cfienl mutually agree otherwise. 2.Any dispute net settled through mediation shall be added through litigation in the stile and county where the Project at Issue is located. SECTION V —INTELLECTUAL PROPERTY A. Proprietary Information 1.All documents, including reports, drawings, calculations, specifications. CADD materials, computers software a hardware or other wank product prepared by ConwlMnt pursuant to this Agreement are Cmsultmrs Instruments aService ("Instruments of Service'). Consultant retains ail oemership interests an Instruments of Service, including all available copyrights. 2. Notwithstanding anything to Me contrary, Cons ltant shall retain ail of its rights in its proprietary information including Mhut limitation its maModdlogies and methods of wayas, ideas, concepts, expressions, inventions. Mau how, methods, techniques, skills, knaNedge, and experience possessed by Consultant prior to, or acquired by Consultant during, Me performance of Mk Agreement and the same shall net be deemed to be work product or wok for hire and Consultant shall net be restricted in anyway with respect Margo. Consultant shag Main full rights to eledrmic data and Me drawings, specifications, including those in dedranic form, prepared by Consultant and its subconsultants and the right to ruse component information contain in Main in the normal curse of Consultant's professional activities. B. Cllem Use of Instruments of SeMce 1. Provided Mat Consultant has been paid in full for Its Services, Client steal have Me right in Me form of a nonexclusive license to use Instruments of Service delivered to Client exclusively for purposes of constructing, using, maintaining, altering and adding to the Project. Consultant shall be deemed to be the author of such Instrements of Service, dedronic data or documents, and shall be given appropriate credit in any public display dsuch Instruments of Service. 2. Records requests or requests for additional copies of Instruments of Services outside dine scope of Services, including subpomas directed from or on behalf of Client are M,W&Ie to Client subject to Consultant's urent rate schedule. Consultant shall net be required to provide CAD Ales a documents unless specincaly agreed to n writing as part fthis Agreement. C. Reuse of Documents 1, All Instruments ofSeMce prepared by Consultant pursuant to this Agreement are not intended a represented to be suitable for ruse by Me Client or Mers on extensions a Me project or on any other Project. Any ruse aMe instruments of Service wlthcot written consist a Wellington by Conwltant for the spwific purpose intended ME be at the Client's We task and without liability or legal exposures to Consultant: and Me Client shall mease Consultant him WE claims arising from such use. Client drag asu defend, indemnify, and hold harmless Conwhnt from WE claims, damages, losses, and expenses including attorri fees wising out of or, resulting from reuse of Consultant documents wlthout mipen consent. General Conditions - 2 (Rev, 05,15.22) Page 53 of 53