2025-05-19 Joint Power Water Board AgendaJoint ft-wers Water Board
AGENDA
Regular Meeting of May 19, 2022!
Joint Powers WTP
11100 5 01h Street NE
Albertville, MN
6: 00 PW
IN
R&MOR919MIM
Board Members
Mike Amery
Gretchen Barrett
Joe Hagerty
Zach Schoen
Bob Zagorski
1. Call to Order/ Roll Call
2. Approve Agenda — Page I
Engineer
Chris Larson, SEH',
Operations
John Seifert, Veolia
Jennifer Thornas, Veolia
Dustin Carlson, Veol'ia
3. Consent Agenda — Page 2
3.1 Approval of April 28, 2025 Regular Board Meeting Minutes — Page 3
12 Approval of May 2025 List of Claims — Page 5
3.3 Approval of May 2025 Budget Report — Page 7
3.4 Approval of May 2025 Cash Balances Report — Page 8
3.5 Approval of April 2025 Monthly Operations Report — Page 9
3.6 Approval of Resolution 05-19-25-01 A Resolution In Support of Submitting a Capital
Bonding Request to the State of Minnesota — Page 22
4. General Business - Page 23
4.1 JP Annual Insurance Renewal (Zachman ins. Presentation) — Page 24
5, Engineer - Page 31
5.1 MDH Minor Permit Revision Application for Increase to, ASR Annual Volume — Page 32
5.2 Test Well Siting and Preliminary Engineering Scope (DNR Requirement) —Page 33
6. Operations
6A A Injection phase completed 05/14/25 (Verbal Report)
7. Other Business / Announcements / Correspondence
7.1 2026 State of MN Capital Bonding Request Upload to MN Management and Budget
(Verbal Report)
8. Adjourn
L �91 w4m L la, 4 L
Page 2 of 38
M-�Iw �i M
1. Call to Order. The regular meeting of the Joint Powers Water Board was called to order by
Chairperson Olson, on Monday, April 28, 2025 at 6:00 p.m. at the Joint Powers Water Board Water
Treatment Plant, 11100 50"' St NE, Albertville, MN 55301.
Staff present: John Seifert, General Manager.
Staff absent: Jennifer Thomas, Office Manager, Dustin Carlson, Water Department Supervisor/ Facilities
Manager.
Engineering present: None.
Engineering absent: Chris Larson, Short Elliott Hendrickson, Inc. (SEH).
2. Approve Agenda. Amery moved, Barrett seconded, to adopt the Agenda as presented. Motion
carried 5-0.
3. Approve Consent Agenda. Amery moved, Hagerty seconded, to approve the Consent Agenda
below. Motion carried 5-0.
3.1 Approval of March 24, 2025 Regular Board Meeting Minutes
3.2 Approval of April 2025 List of Claims
3.3 Approval of April 2025 Budget Report
3.4 Approval of April 2025 Cash Balances Report
3.5 Receipt of February 2025 Investment Summary Report
3.6 Approval of March 2025 Monthly Operations Report
3.7 Change in Office Hours
3.8 May 20,25 Board Meeting
4. General Business,
4.1 Abdo 2024 Audit Results. General Manager Seifert played the audit presentation
previously recorded by Justin Nilson with Abdo. Nilson told the Board that at the end of
2024, Joint Powers Water Board's assets exceed its liabilities by $35,874,968. The Board's
net position increased $2,735,119 or 8.3%. The cash and investment balances at the end of
2024 totaled $20,293,984. Amery expressed displeasure over the written version of the
Financial Report and suggested this be put out for quote in late 2025, Hagerty moved,
Barrett seconded, to accept Abdo's 2024 audit as presented. Motion carried 5-0.
5. Engineer. None.
�M
T D"WUF-5- '5 Regiular Meeting Minl�-'
April 28, 2025
Page 2
6. Operations.
6.1 T-Mobile Outstanding Payment. General Manager Seifert informed the Board that staff
was successful in working with TMobile to recoup missing rent payments from 2024 in the
amount of $72,590,36, which includes full payment for 2025.
6.2 Treatment Plant Upgrade Submittal to Project Priority List to Minnesota Department of
Health. General Manager Seifert provided an update on the treatment plant upgrade
submittal to project priority list to Minnesota Department of Health.
7. Other Business / Announcements / Correspondence. None.
8. Adjourn. Schoen moved, Barrett seconded, to adjourn the Joint Powers Water Board' meeting at
6:37 p.m. Motion carried 5-0,
JOINT POWERS WATER BOARD
CHECK REGISTER SUMMARY
MEETING DATE: 5119125
Check #
Vendor
Check Date
Amount
Comments
18063e
CITY OF ST MICHAEL
5/16/2025
$333,842.97
April 2025 Receipt by Charge
18064e
PAYMENT SERVICE NETWORK
5116/2025
$5,945.54
April 2025 Web Pay Fees
18065e
MN DEPT OF REVENUE
5/1612025
$1,109.00
April 2025 Sales Tax
18066e
CENTERPOINT ENERGY
5116/2025
$1,093.93
April 2025 Invoices
21487
AEI FUND MANAGEMENT
5116/2025
$219,75
Ref cr bal on 4300 Edgewood Dr NE.
21488
BENZINGER HOME'S
511612025
$43.51
Ref cr bat on 119 Creeks'ide Bay SIE,
21489
BETTY JO HALLS
5I1612025
$74,53
Ref cr bat on 1801 Lachman Av NE
21490
BHAVESH SHIRVASTAV
5116/2025
$83.89
Ref cr bal on 2817 Jaber Av N
21491
BRADIKA'THYMEYER
511612025
S122.601
Ref cr bal on 4743 Lange Av NE
21492
BRENTIKAREN SCHLAEGER
5/1612025
$190.87
Ref cr bat on 9726 46th St NE
21493
CENTERPOINT ENERGY
5/1612025
$000
Void - SIB EFT
21494
CHONG HER/WA LOR YANG
5116/2025
S165.60
Ref cr bal on 726 Emmy Ln
21495
CITY OF HIANOVER
5/16/2025
$61,478,87
April 2025 Receipts by Charge
21496
CITY OF ST MICHAEL
511612025
$0.00
Void - S/B EFT
21497
CORYICOURTNEY FLETCHER
5116/2025
S70.37
Ref cr bat on 9744 Jordan Av NE
21498
CURTIIKRISTEN CARLON
5116/2025
S184.91
Ref cr bal on 571 Maple Knoll Cir NW
21499
CYNTHIA NGO
5/1612025
$30 00
Ref cr bat on 2934 Kama Av NE.
2150�0
DANIEL/KEILLY MYERS
5116/2025
S314,62
Ref cr bat on 4375 Mayrose Av NE.
21501
DARA SMITH
5116I2025
S7TI I
Ref or bat on 11485 22nd Cir NE.
21502
DEAN JOHNSON HOMES
511612025
$1128.08
Ref cr bal on 1043 Jarrett Av NE
21503
ELAINE MILLER
5d1&2025
1176 69
Ref cr bat on 412 Creekv'iew Cir SE
21504
ERINIJOE VAN BRUGGENI'EXTER
5116/2025
$74.57
Ref cr bal on 9272 26th St NE.
21505
ETHANIGINA SWEET
5/16/2025
$130,00
Ref cr bal on 19 Cherrywood Av NW
21506
HOFF, BARRY PA
5/1612025
$432.GO
April 2025 Invoice
21507
JAKEIJOANNE DUNG,AN
511612025
$122,60
Ref cr bat on 13366 45th St NE
21508
JASON/SHARON DAVIS
5/16/2025
S138.71
Ref cr bal on 13943 47th Ln NE.
21509
JOE/LEA IVERSON
5116/2025
5121.31
Ref cr bat on 4567 Lange Av NE
21510
KATE NORTHOP
5116/2025
$74.74
Ref cr bat on 10448 Kalen Dr NE
21511
KEN/LINOSEY GREGORYIFETZER
5/16/2025
$293 12
Ref cr bat on 9780 52nd Ln NE
21512
KIM SZYMANSKI
5/1612025
$77,48
Ref cr bat on 11822 47th St NE
21513
KURT/JAMIE HOOKLAND
5116/2025
$140.00
Ref cr bat on 4240 Kaeii'n Av NE
21514
LAWWRENCEIELEANOR PALUCK
5/16/2025
$106 31
Ref cr bal on 54 3rd St NW
21515
LENNAR
5116/2025
S67.26
Ref cr bap on 4990 Jansen Av NE
21516
LYNN PROPERTIES
5116/2025
$146,90
Ref cr bal on 10076 32nd St N.E
21517
MARY SATTERLUND
5/16/2025
$19.77
Ref cr bal on 3447 Kalenda. Av NE
21518
MN DEPT OF REVENUE
511612025
$1,109,00
Void . S/B EFT
21519
PAULIKRY'STAL SALETEL
5116/2025
S10�0.00
Ref cr bal on 1252 Irvine Cir
21520
PAYMENT SERVICE NETWORK
5M6/20 5
S0.00
Void " SIB EFT
21521
RED TECHNOLOGIES
5116/2025
$150.00
April 2025 We'bsite Fees
21522
RIVER TOWN VILLAS LLC
5116/2025
S8 87
Ref cr bal on 263 Liberty Dr
21523
ROBERT CILKE
5116/2025
$62.81
Ref cr bat on 11718 Riverview Rd NE
21524
ROBERTIRACHEL PREUSS
5/16/2025
551.96
Ref cr bal on 11702 8th St NE
21525
ROBYNF'JASON JONES
5116/2025
$198.29
Ref cr bat on 2423 Keystone Av NE
21526
SANDRA ESTEY
5/16/2025
S148 63
Ref cr bat on 13934 47th Ln N'
21527
Short Elliott Hendrickson Inc
5/16/2025
S99.03
April 2025 Invoices
21528
SM HENTEGES & SONS INC
5i16/2025
$2,250,00
Ref Dep - Meter 191665761RPZ 4820867
21529
TAYLORI'KAY KAMIN'SKUROLE
5116/2025
$100.00
Ref cr bat on 1430 Esterly Oaks Cyr
21530
TEGRETE
5/16/2025
$474.00
May 2025 Invoice
21531
TERESA BURKHART
5/16/2025
S203.52
Ref cr bat on 722 3rd St NW
21532
THOMAS HEROLD ESTATE
5/1612025
$130,00
Ref cr bal on 120 2nd St SE.
21533
TREVOR LEE
5116/2025
S276.411
Ref cr bal on 417 Elder Av NW
Page 5 of 38
JOINT POWERS WATER BOARD
CHECK REGISTER SUMMARY
MEETING DATE: 5119125
21534
VEOL['A WATER NA
511612025
$106,455.23
Jame 2025 Contract Maintenance
21535
VICTOR CERDA-EERNNDEZ
511612025
$373 51
Ref cr bal on 117 2nr1 St NE
21535
WEBER LAWN & LANDSCAPE LLC
5/1612025
S2,237,00
April 2025 Lawncare
21537
WVSB
5116120,25
$2,384.50
GlS Services
$524„1110X
Ike Amery
Rob Olson
Gretchen Barrett
Bob Zagorski
Joe Hagerty
Zach Schoen
JointBoard
Budget - 2026 JPWB Board Meeting Page I
May 2025 2025.
Account aescr Bud et 2025 Anmt YTD Budget YTO Arnt
FUND 101 GENERAL FUND
E 101-40000-700
Advertising
$200.00
$0.00
$200.00
$0.00
E 101-40000-702
License/Fees
$375.00
$150.00
$375.00
$600.00
E 101.40000-704
Bank Charges
$500.00
$0.00
$500.00
$65.00
E 1.01-40000-712
Contract Maintenance
$1,277,438.00
$106,455.23
$1,277,438.00
$425,820.92
E 101-40000-730
Insurance
$32,000.00
$0.00
$32,000.00
$0.00
E 1.01-40000-734
Meeting Allowance
$300.00
$0.00
$300.00
$0.00
E 101-40000-748
Office Supplies
$500.00
$0.00
$500.00
$0.00
E 101-40000-749
Credit. Card Fees
$32,000.00
$2,569.06
$32,000,00
$14,344.26
E 101-40000-752
Audit Fees
$26,500.00
$0.00
$26,500.00'
$19,062,00
E 101-40000-754
GIS Engineer fees
$7,500.00
$2,384.50
$7,500,00
$7,141.25
E 101-40000-756
General Engineering F
$24,000,00
$0.00
$24,000,00
$6,276.59
E 101-40000-758
Legal Fees
$4,000.00
$432.00
$4,,000.00'
$689.00
E 101-40000-759,
ASR-Misc
$1,000.00
$0.00
$1,,000.00
$0,00
E 101-40000-770
Systenm Maintenance
$30,000.00
$0.00
$30,000.00
$3,975.61
E 101-40000-771
Well Maintenance
$100,000.00
$0.00
$1.00,000.00
$0,00
E 101-40000-772
System Repairs
$35,000.00
$0.00
$3,000.00
$1,344,00
E 101-40000-773
Facility Mgmt
$25,000.00
$2,711.00
$2 ,000.00
$4,121.00
E 101-40000-774
Utilities
$340,000.00
$1,093.93
$340,000.00
$87,014,2.6
E 101-40000-785
DNR Water Usage
$24,000,00
$0.00
$24,000.00
$19,025.81
E 101-40000-795
Misc Expense
$1,500.00
$0.00
$1,500.00
$175.86
E 101-40000-796
EDA/RR Fees
$1,100,00
$0.00
$1,100.00
$0.00
FUND 101 GENERAL FUND
$1,962,913.00
$115,795.72
$1,962,913.00
$589,655.56
$1,962,913.00
$115,795.72
$1,962,91.3.00
$589,655.56
Page 7 of 38
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Dustin W, Carlson - Supervisor & Facilities Manager
Jennifer Thornias, - Office Manager
Ruth Kfick - Project Associate
Dellenia IDaleiden - Admin. - Finance
Jeri Stodola - Admin:
ow
N=t
Joseph HM - 11
Lead Oplerat'l
IFred Holles - Operator
Kyle Goloy - Operator
Executive Surnmary
Joint Powers effectively produced 83,417,000 gallons of water in the report month. The total treated water supplied to the distribution
system was 64,527,100 gallons, an average daily amount of 2.15 million gallons per day, The remaining 18,889,900 gallons produced
was injected into the Aquifer Storage and Recovery (ASR) for use at a future time. All bacteriological samples were negative, The
average fluoride concentration was 0.68 mg/L (Limits are 0.5 & 0.9)
Operations
The standard operations of the facilities include:
46
Daily testing of fluoride and chlorine in the system.
Monthly performance inspections on wells.
Monthly bacteriological sampling (25 samples),
Bulk chemical deliveries.
ERT missed reads/ meter checks.
Chemical feed systems adjustments & maintenance.
Laboratory equipment calibrations.
Safety and training meetings.
MC Lite meter reading routes for Hanover & St. Michael.
Regularly scheduled operations & maintenance meetings.
Routine daily rounds, inspections, and security checks
of the water treatment plant,
Routine weekly off -site facilities inspections and security
checks.
•
Regular backwashing of filters, reclaiming and pumping
of backwash sludge.
Monthly performance inspections of emergency generators.
4-
Monitoring & regulating access to the water towers for
telecommunications companies to make repairs &
upgrades.
IMEMWEEM
Uncommon Operations and Major Corrective Maintenance:
0.- Hydrant Repair - 45th PI NE
--1 Continued efforts to reduce unknown residential water line information on the Lead Service Line Inventory for the last
UKNOWN service lines. Down to les than 50 system wide.
Page 9 of 38
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-4 LRS (After-Hours Emergency Calls)
-.% None in April
Regulatory Cornimunications
Our monthly regulatory communications were completed satisfactorily and on -time. These were:
-*.- The monthly fluoridation report to the MDH
4- The monthly bacteriological test results to the MCI
The monthly injection/recovery report to the EPA
Major Client / Public Relations Issues
+ Manager Seifert testified at the State Capital for water treatment plant funding request.
Total
Hanover
St Michael
Joint
Powers
Comments
Locates (GSOC)
493
96
390
7
Gopher State One Call, Tickets Received
Hydrants Flushed
297
0 1
277
20
Spring/Fall (Joint Powers Are Albertville)
Including water quality issues (Albertville), water
Customer Service Visits
16
0
8
0
usage issues, curb stops onloff.water main
operations, special locates (not through GSOC) &
misc. issues.
Inspections
31
3
28
NA
These include oust -rat bounds read checks, leaking
MeterIERT Issues/Repairs
14
2
12
NA
imeters, bad ERT%Ireplacements, wiring issues,
missed reads, monthly meter reading, etc.
Maintenance Work Orders,
49
1
0
48
These include issues/repairs & regular
maintenance for the dirt. systems & JP facilities,
Finals
I
"10
"
44
'N/A
l3i1N aw7mmill E[9=
Budget
Expenses
Balance
LIM
$356,000
$57,270
$298,754
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 ASIR EPA Report
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Year: 2025 (2025, Cycle) Month: April
115111ill!
UIC PERMIT NUMBER:
OPERATOR NAME:
ADDRESS:
CITYISTATE/ZIP:
PHONE:
Ill' ILI Is VA &I
(763) 497-3611
Wright
Injection (Gallons)
Total Injection Ferloall
YTD Volume
, Total Report
Month Volume
. . . . ......................
� Total Injection Period' Volumle
Injection Pressure &
GPM
Average
Hi2hest Value
Lowest Value
Monthly Injection
Pressure (psig)
1 29.77
1 32
27
Monthly Injection Flow
1
Rate (GPM)
414.6
425
399
7M
Total Report—
9/o of Injection P—eriod Total
Recovery (Gallons)
....... . .......... . . ...... YTD Volume
Month Volume
VolumIU1e
COMMENTS:
The 2025 A cycle began on November 26th, 2024 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 arm familiar with the information submitted in, this
document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtailing
the information, I believe that the information is true, accurate, and complete. I am aware that there are significant
penalties for subm4fing false information, including the possibility of fine and punishment. (Ref. 40 CFPS Section 144,32)
Dustin W. Carlson, Water Operations Supervisor & Facilities Manager
Name a6,,lffial T tie
,
signature:
Date Signed: e�
i -/
Page 13 of 38
Date Signed: e�
i -/
Page 13 of 38
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Page 19 of 38
Year: 2025 _ _ (2026Cycle)
OPERATOR NAME: Joint Powers Water Board ASIR PTC-3
SAMPLE LOCATION Aell 9 (Mt, Simon)
Constituent
Units
Detection
Limiit
Well 9
5%
Recovery
Well 9
30%
Recovery
Well 9
60%
Recovery
Well 9
1010%
Recovery
Federal
Drinking
Water
Standard
Method
Date
Temperature
�C
,pH
Std Units
Conductivity
us1cm
ORIP
my
Dissolved Qxygen, (DO)
mg/L
Chlorine, Total Residual
rngIL
0.01
HACH 8167 5,th ED 2008
Aluminum
Arsenic
ug/L
u9IL
4
0.5
200
10
EPA 200.8
EPA 200.8
CabLIM
ug/L
400
EPA200B
Copper
Ug/L
0.5
1000
EPA 200,8
iron
ug/L
50
300
EPA 200,8
Lead
ug/L
0.1
EPA 200.8
Magnesium
ug/L
100
EPA 200.8
Manganese
ug/L
0,5
so
EPA 200,8
Potassium
_.a91
20
EPA 200A
Sodium
uq/L
50
EPA 200.8
Alkalinity, Total as CaCO3
mg/L
5
SM 2320B
Chloride
mgIL
2
25,0
i SM 4500-Cl E.
Fluoride
m (L
0A
2
SM 450OF/C
Ntrogen, Ammonia
rngll-
0.04
EPA 350.1
Phosphorous
mgI
0A
EPA 365.4
Silica, Dissolved
_mgI
I
EPA 200.7
Sulfate
2'5
250
ASTM 0516-02
Total Hardness by 2340B
mg/L
1420
EPA 200.8
Nitrogen, Neldahl, Total
mg/L
I
EPA 351,.2
Total Organic Carbon
mg/L
2
EPA 9060
Gross Alpha
p0IL
EPA 9010.0
AdJusted Gross Alpha
PCl/L
15
Ra-226
pCOL
5
EPA 903.1
Ra-228
pCOL
5
EPA 904.0
Ra-226 Ra-228
fp)CiIL
5
Total Uranium (238)
pCi/L
0,5
EPA 200.8
Bromodichloromethane_
Ug/L
0.5
EPA 5242
Brornoform
Chloroform
ug/L
ug/L
4
0.5
EPA 524.2
EPA 524.2
Dibromochloromethane
-
9, u I
0,5
EPA 5242
Total Trihalomethanes (Calc.)
ug)L
80
EPA 5242
Dibromoacetic Acid
Dichloroacetic Acid
u9IL
u2/L
1
I
.......... . ...
EPA 5521
EPA 652.2
Monobromoacetic Acid
ug/L
1
EPA 552,2
Monochloroaccelic Acid
ug/L
1
EPA 552.2
Trichloroacefic Acid
u2/L
1
EPA 552.2
Total Hal'oacetic Acid
ug/L
60
EPA 552.2
Uranium - 234
pCi/L
HSL-300
Uranium - 235
pCi/L
HSL-300
Uranium - 238
pCi/L
HSL-300
Year: 2025 (2025 Cycle)
UIC PERMIT NUMBER: MN-1 71-5R21-0002
OPERATOR NAME: Joint Powers Water Board ASR PTC-3
SAMPLE LOCATION- Test WeIl_6 (Mt, Simon)
Month: April
Constituent
Units
Detection
Limit
Test Welt 6
Background
Injection
Test Well 6
95%
Injection
Test WeII 6
10VID
Recovery
Federal
Drinking
Water
Standard
Method
j Date
11/2612024
516/2025
Temperature
11C
10,0
10.4
pH
Sid Units
7A2
7.34
Conductivity
ORP
US/cmi
mv
0,472
-71.00
0A61
-38,80
Dissolved Oxygen (DO)
m BL
0.07
1.16
Chlorine, Total Residual
ug/L
0.01
OV
0.00
HACH 8167 5th ED 2008
Aluminum
uq/L
4
0.7
200
EPA 5242
Arsenic
..u9IL
0,5
1,00
10
EPA 524.2
Calcium
ug/L
400
76�000
EPA 524.2
Copper
ug/L
0.5
<0.33
1000
EPA, 524.2
Iron
ug,(L
50
1,700.00
300
EPA 524.2
Lead
u21L
01
<012
EPA 5242
Magnesium
ug/L.
100
27,000,010
EPA 524.2
Man2anese
Potassium
ug/L
ug,1
0.5
20
210.00
2,200.00
so
EPA 524.2'
EPA 524.2
Sodium
u2/L
50
4,900.00
EPA 5242
Alkalinity, Total as CaCO3
mg/1L
5
270
SM 2320B
Chloride
mq/L
2
<0,53
250
SM 4500-Cl E
Fluoride
mg/L.
0,11
2
SM 450OF/C
Nitrogen, Ammonia
mg/L
0.04
EPA 350.1
Phosphorous
mq1L.
0A
<0.028
EPA 365.,4
Silica, Dissolved
rn,211-
1
1100
2001 MET ICP
Sulfate
mg/L
2.5
16.00
250
ASTIVI D516-02
Total Hardness by 2340B
Nitro en„ t4 eldalml„ Total
m,g/L
mg/L.
1420
1
300.00
0.28
EPA 20O.8
EPA 351.2
Total Organic Carbon
mg/L
2
0.723
EPA 9,060
Gross Alpha
pG&
7.94
EPA 900.0
Adjusted Gross Al ha
Ra-226
pC&
pCVL
4.13
15
5
EPA 903.1
Ra-228
pCUL
3.06
5
EPA 904.0
Ra-226 + Ra-228
pCUL
7.19
5
Total Uranium
a rL
0,5
1,20
EPA 200.8
Bromodichloromethane
u91
O,5
<010
EPA 5242
Bromoform
u91
4
<0.20
EPA 524.2
Chloroform
Dibromochloromethane
ugIL
ug/L
0,5
0.5
<0.20
<0.10
EPA 524,2
EPA 524.2
Total Trihalomethanes (CaIc.)
u91
<020
80
EPA 524.2
Dirbomoacefic Acid
a fL
1
<0.60
EPA 552.2
DicNoroacelic Acid
--2gli-
1
<0,60
EPA 5522
Monobromoacetic Acid
a
1
<070
EPA5522
Monochloroaccefic, Acid
uq1L
1
<1.1
EPA 552.2
Trichloroacetic Acid
uq/L
I
<0.50
EPA 5522
Total Haloacetic Acid
uq1L
<1.1
60
EPA 5522
Uranium - 234
pCi/L
1.270
HSL-300
Uranium - 235
pCUL
0.0275
HSL-300
Uranium - 238
HSIL-300
RESOLUTION NO. 05-19-25-1
A RESOLUTION PROVI'DING SUPPORT FOR SUBMISSION OF STATE OF
MINNESOTA CAPITAL BONDING REQUEST
FOR JOINT POWERS WXFER BOARD
WHEREAS, the Joint Powers yVatcr Board (JPWB) of Albertville, I lanover and St. Miachael, is
ill :support of requesting State Bonding funding to construct a Water Treatment Plant Upgrade
serving the collective 3 C0111111LInities and their 32,50lO residents, and
WHEREAS, the Joint Powers Water Board (JP,WB) has completed a Capital Improvement Plan
that rcquircs a Water Treatment Plant Upgrade designed to remove emerging contaminants from
tile source water supply, and
WHEREAS, the Joint Powers Water Board (JPWB) has completed a Water Treatment Plant
Feasibility Study that analyzed the most efficient treatment method requiring pressure filters and
waste stream solids handling for proper disposal of contaminates renioved during the treatment
process, and
WHEREAS, tile Joint Powers Water Board ( ' JPWB) is In support of the capital request of the
State of Minnesota for funds and understands its commitment to supply the required 50% or
more of the funding match.
THEREFORE, the Joint Powers Water Board (JPWB) hereby authorizes the submission of
capital Funding request to tile State of Minnesota for the sole purpose of constructing a Water
Treatment Plant Upgrade fior the communities of Albertville, Hanover, and St Michael.
Adopted icy affirmative vote of tile Joint Powers Board this 19th day of May; 205.
By.
AFTEST
Jennifer Thomas, Office Manager
Rob Olson, Chairperson
m.-mm&Tq
Page 23 of 38
JOINT POWERS WATER BOARD
AtSERIVIUF * 14RIVOVER o 5"r- MIC49Ft.
rhAth
TO:
Joint Powers Water Board
FROM:
John Seifert
DATE:
May 14, 2025
SUBJECT:
2025 Insurance Renewal
Dan Zachman with Zachman Insurance Agency will provide a 2025 insurance update to the Board and
will ask for Board approval to adopt the renewal as presented.
By way of communication for an accounting of the 2024 insurance premium and rebate afforded
from League of Minnesota Cities Insurance Trust ("LIVIOT"). The 2024 premium of $29,948 was paid
in May 2024 and the Board received a rebate check from LIVICIT in the amount of $1,137 netting our
insurance costs to be $28,811.
Although rebates are not guaranteed, our LMCITs claims history has provided JPWB a rebate for the
last six years.
RTNIT71=12—NOYIN no I Mot
* Staff recommends approving the 2025 insurance renewal in the amount of $30,240.
0-MEEM
rom
I
145 University Avenue 'U11'est
Fall
Section I Property
LOCATION 1 - 11100 50TH STREET, Albertville, MN 55301
Building 8,492,309
Contents 6,936,665
Property in the Open 33,867
LOCATION 2 - LOT 1, BLIK 1, TOWER ADD N, Albertville, MN 55301 - WATER TOWER &
PUMPHOUSE.
Building 3,015,559
Contents 92,385
Property in the Open 11,289
LOCATION 3 - E OF NABER AVE & 50TH ST, Albertville, MN. 55301 - WATER TOWER
Building 5,109,070
LOCATION 4 - 3052 LANDER AVE, Albertville, MN 5 301 - PUMPING BOOSTER STATION
Building 358,525
LOCATION 5 - CITYWIDE, Albertville, MN 55301 80 Fire Hydrants
Property in the Open 462,578
LOCATION 6 - 101 TERRACE ROACH E, Albertville, MN 55301 WELL ## 5
Building 320,061
LOCATION 7 - 376 IVORY AVE NE, Albertville, MN 55301- WELL ##6
Building 242,019
LOCATION 8 - 376 IVORY AVE W, Albertville, MN 55301- WELL ##7
Building 313,947
LOCATION 9 - 10690 1STH ST NE, Albertville, MN 55301 - WELLHOUSE & WELL #9
Building 1,372,611
Contents 499,026
Total Blanket. limit 27,268,527 Replacement cost $1,000 deductible
(Up 1,306,791from last year)
Page 26 of 38
R=111111 111 1111111 �� ; 11 1111111��11;11 , 11 IiIIIIIIii II, I; 111111��I�1111 14n. -60H
Limits Each Occurrence Limit 2,000,000
Per person Limit 2,000,000
Products/ Completed' Operations Annual Aggregate 3,000,000
Failure to Supply Annual Aggregate 3,000,000
Fire Damage Liability 50,000
Limited Pollution Liability Aggregate 2,000,000
Land Use, Development or Franchise Litigation 1,000,000
Claims Made Forms
Section III -Comprehensive Auto
Limits Uninsured motorists $200,000
Underinsured motorists $200,0010
Hired and Non owned Auto $2,000,000
Limits �1,000,000 with $10,000 Retained Limit
Coverage to follow form, including Public Official Liability
("Does Waive" the monetary limits on Tort Liability established by Minnesota Statues 466.04 up
to the limits written by the policy.)
Section V Public Employees Blanket Bond
Limits $250,000 Blanket Employees Dishonesty & Faithful Performance
$1,000 deductible/occurrence
0 1 IFE =0 N 0 A 1 0: T
Limits $27,268,527 $1,000 deductible / Per AccideT:f)
Fist Party Cyber
Premium Recap
2013-2014
2014-2015
2015-2016
2016-2017
Section I Property
12,360
12,571
12,187
11,847
Section 11 Municipal Liability
1,618
1,295
1,101
850
Section III Comprehensive Auto
78
78
78
78
Section, IV Commercial Comprehensive
900
855
855
855
Catastrophe Liability
Section V Public Employee's Blanket Bond 336
Section VI Boiler & Machinery 2,812
Totals
336 366 400
2,860 2,753 2,790
0 - I
Premium R
2019-2020
2020-2021
Section I Property
11,524
11,8816
12,586
11,109
Section Il Municipal Liability
850
850
850
850
Section 1111 Comprehensive Auto
78
78
78
78
Section IV Commercial Comprehensive
855
855
855
855
Catastrophe Liability
Section V Public Employee's Blanket Bond 400
Section VI Boiler, Machinery 2,724
Wmt11
380 380 342
2,815 2,928 3,052
$16,864 $17,677 $16,286
ZMEOM
Premium Recap-
2021-2022
2022-2023
2023-2024
2024-2025
Section I Property
11,372
15,681
22,105
23,312
Section 11 Municipal Liability
850
850
850
882
Section III Comprehensive Auto
82
82
83
87
Section IV Commercial Comprehensive
855
855
1200
1,200
Catastrophe Liability
Section V Public Employee's Blanket Bond
342
342
321
321
Section VI Boiler & Machinery
3,124
3,314
3,469
3,661
First party Cyber
-
485
485
485
Totals
16,627
$21,609
$28,513
$29,948
Premium Recap
2025-2026
Section I Property
23,769
Section Ni Municipal LiabiRy
850
Section III Comprehensive Auto
93
Section IV Commercial Comprehensive
850
Catastrophe Liability
Section V Public Employee's Blanket Bond
337
Section VI Boiler & Machinery
3,545
First party Cyber
446
Totals $30,240
� 4 kl,-M Ik" 14 4 holl
i
SEY ITEMOR&ANWIT
TO: Joint Powcrs Water Board
FROM: Christopher Larson, P.E.
DATE,- May 19, 2025
RE: Variance Requcst - Increase ASS Injection Volume
"lay AS R process has been succcssful and there is as dcsire to increase the injection VOI Lillie from 100
million gallons (MG) to 150, MG allI'Mally, We have reached out to the F1'PA and Minnesota Department
of Health (MDH) to determine the steps necessary to Increase the inicction volurric. EPA indicaled that
because the ASR permit does not InClUdc ',,in n1j"cction or recovery volume, no additional permit would be
needed,
The existing NUM-1 variance Includes all injection volunic of 100 MG annually. MDH indicated that
another variance would be required to increase the injection V'011,1111C from 100 MG to 150 MG, Tile
variance application is attached.
We would like the Board's approval to apply for as variance From MD1 I to incrcase the injection volume.
fro I'll 100 N4 G to 150 NIG.
Short Elliott Hendrickson Inc., 3535 Vadinaos Centeir Drive, St Paul, MN 55110-5196
SEH is an equal opporivnity employer I www,sehinc,com 1 65,1 490 2000 1 800,32SL2055 1 651A90 2150 fox
Page 32 of 38
JOINT PowmsWATEm BoARD
131,6FRIVILIF * 14RA10WR # 5r- MICURFL.
TO:
Joint Powers Water Board
FROM:
John Seifert
DATE -
May 14, 2025
SUBJECT:
Well Siting and Preliminary Engineering Scope (DNR Requirement)
As part of the Department of Natural Resources (DNR) water appropriation permit for Joint Powers
Water Board, we were given the expansion in pumping capacity conditioned on installing monitoring
wells by February of 2026, The monitoring wells were required by the DNR to help monitor the
water levels in the aquifers that Joint Powers extracts its supply water from prior to treatment. As
the Board may recall the DNR appropriation permit is our authority to remove water from
underground aquifers within a certain capacity which has now increased to 1.5 billion gallons a year.
Engineer Larson will work with the SEH hydrologist to provide siting and a one page request for
quotation (RFQ)for the installation and start up of these test well's prior to the DNIR deadline.
Engineer Larson will be at the meeting to discuss or answer questions to discuss or answer questions
regarding this scope of work.
111=114 1 131
Approve the scope of services provided by SEH for the siting and design of Joint Powers test
wells.
ZMERM
-A
SEY MEMORANDUT7
TO: Joint Powers Water Board
FROM; Christopher Larson, P.L.
DATE: May 19,2025
RE: Appropriation Permit — Monitoring Wells
Joint Powers applied to the MN DNR for additional waterappropriation to Meet CUrrent and t - uture water
demands. The appropriation requcst was to go from 800 million gallons per year (MGY) to 1,500 MGY.
As a condition ot'grantingadditional appropriation, the DNR is requiring two additional monitoring wells
to assess, the potential interaction between the shallow drift aquifer and the deep Mt. Simon aqUil'Cr.
Monitoring wells at the ASIR site do not indicate any interaction between the aquit'ers (whichxvas
explained to the DNR to noavail).
The monitoring wells are required to be located bet-ween, 500 feetand 2,000 feet 1rom existing production
wells. One of'the monitoring wells needs to be approximately 80 feet deep and (lie other well needs to be
approximately 200 Fect deep.
The location ol'the monitoring wells needs to be identified, and quotes need to be solicited frorn well
drilling contractors to drill the wells. Attached is an agreement from SEFI for " 12,000 to work with the
Cities to identify a location for the monitoring wells, prepare plans for flw \veils, and solicit quotes to drill
the wells. The estimitted cost oFnionitoring wells is approximately S40,000, plus the cost ofwater level
monitoring Instruments.
Il'the Board wishes to proceed with this work, pleaseauthorize the SEII agrecrimit
Short Elliott Hendrickson tric., 3535 Vadnais Center Drive, St, Paul, MN 55110-5196
SEH ds an equal opportunity employer p www.sehinc,com 1 651,490,2000 p 80&325,2055 1 651,490,2'160 fax
Page 34 of 38
Agreement for Professional Services
This Agreement is effective as of May 19, 2025, between Joint Powers Water Board (Client) and Short Elliott
Hendrickson Inc. (Consultant).
This Agreement authorizes, and describes the scope, schedule, andpayment conditions for Consultant's work on
the Project described as: Observation Wells
Client's Authorized Representative., John Seifert, General Mana
Address: 111100 50th Street NE, Albertville, MN 55301
Telephone: 619.193.783 email: Jol,in.seiferlLI)YE�(:)lia.corrn'i
Project Manager: Christopher Larsen
Address: 3535 Vadnais Center Drive, Saint Paul, IVIN 55110
Telephone: 952.905.1212
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.
New Observation Wells — Scope of Work
1. Work with Veolia and City Staff to identify a location for observation wells required by DNR due to an
increase in appropriation,
2. Prepare plans to solicit quotes for observation wells.
3. Solicit and receive quotes for observation wells.
Schedule: Observation well quotes to be received by August 31, 2025.
Payment: The fee shall be time and materials and is subject to a not -to -exceed amount of $12,000 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.
Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to
this project as specifically agreed to by signature of the Parties and set forth herein:
None.
Short Elliott Hendrickson Inc.
By:
Full Name: Christopher Larson
Title: Water Practice Center Leader
Joint Powers Water Board
By:
Full Name:
Title:
Short Elliott Hendrickson Inc. Letter Agreement - 1 Joint Powers Water Board
Affirmative Action, EquW Opportunity Empbyer PaRej�Jl,
ge o 4,?
ExhibitA-1
to Agreement for Professional Services
Between: Joint Powers Water Board (Client)
and
Short Elliott Hendrickson Inc. (Consultant)
Dated May 15, 2025
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. Postage, handling and delivery.
5. Renderings, models, mock-ups, professional photography, and presentation materials requested by the
Client.
6. Other special expenses required in connection with the Project.
7. The cost of special consultants or technical services as required. The cost of subconsultant services
shall include actual expenditure plus 10% markup for the cost of administration and insurance,
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 - 2 Joint Powers Water Board
NORe
916YW'
General Conditions of the Agreement for Professional Services
SECTION I — SERVICES OF CONSULTANT
A. General
1 Consultant agrees to perform professional services as set forth in the
Agreement for Professional Services or Supplemental Letter
Agreement ("Services"), Nothing contained in this Agreement shall
create a contractual relationship with or a cause of action in favor of a
third party against either the Client or the Consultant The
Consultant's services under this Agreement are being performed
solely for the Client's benefit, and no other party or entity shall have
any claim against the Consultant because of this Agreement or the
performance or nonperformance of services hereunder.
B. Schedule
1, Unless specific periods of time or dates for providing services are
specified, Consultant's obligation to render Services hereunder will
be for a period which may reasonably be required:, for the completion
of said Services
2 If Client has requested changes in the scope, extent, or character of
the Project or the Services to be provided by Consultant, the time of
performance and compensation for the Services shall be adjusted
equkably. The Client agrees that Consultant is not responsible for
damages arising directly or indirectly from delays beyond
Consultant's control, If the delays resulting from such causes
increase the cost or the time required by Consultant to perform the
Services in accordance with, professional skill and care, then
Consultant shall be entitled to a equitable adjustment in schedule and
compensation.
C. Additional Services
1. If Consultant determines that any services it has been directed or
requested to perform are beyond the scope as set forth in the
Agreement or that, due to changed conditions or changes in the
method or manner of administration of the Project, Consultant's effort
required to perform its services under this Agreement exceeds the
stated fee for the Services, then Consultant shall promptly notify the
Client regarding the need for additional Services. Upon notification
and in the absence of a written objection, Consultant shall be entitled
to additional compensation for the additional Services and to an
extension of time for completion of additional Services absent written
objection by Client.
2,AdditioriM Services, includingdelivery of documents, CAO files, or
information not expressly included as deliverables, shall be billed in
accord with agreed upon rates, or if not addressed, then at
Consultant's standard rates,
0. Suspension and Termination
1, If Consultant's services are delayed or suspended in whole or in part
by Client, or if Consultant's services are delayed by actions or
Inactions of others for more than 160 days through no fault of
Consultant, then Consultant shall be entitled to either terminate its
agreement upon seven days written notice or, at its option, accept an
equitable adjustment of compensation provided for elsewhere In this
Agreement to reflect costs incurred by Consultant.
2, This Agreement maybe terminated by either party upon seven days
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination,
3, This Agreement may be terminated by either party upon thirty days'
Written notice without cause All provisions of this Agreement
allocating responsibility or liability between the Client and Consultant
shalt survive the completion of the Services hereunder and/or the
termination of this Agreement,
4. In the event of termination, Consultant shall be compensated for
Services performed prior to termination date, including charges for
expenses and equipment costs then due and all termination
expenses.
SECTION 11 — CLIENT RESPONSIBILITIES
A, General
1. The Client shall, in proper time and sequence and where appropriate
to the Project, at no expense to Consultant, provide full information
as to Client's requirements for the Services provided by Consultant
and access to all public and private lands required for Consultant to
perform its Services,
General Conditions -
(Rev. 05,15,22)
The Consultant is not a municipal advisor and therefore Client shall
provide its own legal, accounting, financial and insurance counselling,
and other special services as may be required for the Project. Client
shall provide to Consultant all data (and professional interpretations
thereof) prepared by or services performed by others pertinent to
Consultant's Services, such as previous reports; sub -surface
explorations; laboratory tests and inspection of samples;
environmental assessment and impact statements, surveys, property
descriptions, zoning; deed; and other land use restrictions; as -built
drawing% and electronic data base and maps. The costs associated
with correcting, creating or recreating any data that is provided by the
Client that contains inaccurate or unusable information shall be the
responsibility of the Client.
3, Client shall provide prompt written notice to Consultant whenever the
Client observes or otherwise becomes aware of any changes in the
Project or any defect in Consultant's Services, Client shall promptly
examine all studies, reports, sketches, opinions of construction costs,
specifications, drawings, proposals, change orders, supplemental
agreements, and other documents presented by Consultant and
render the necessary decisions and instructions so that Consultant
may provide Services in a timely manner,
4. Client shall require all utilities with facilities Within the Project site to
locate and mark said utilities upon request, relocate and/or protect
said utilities to accommodate work of the Project, submit a schedule
of the necessary relocation/protection activities to, the Client for
review, and comply with agreed upon schedule. Consultant shall not
be liable for damages which arise out of Consultant's reasonable
reliance on the information or services furnished by utilities to Client
or others hired by Client.
5, Consultant shall be entitled to rely on the accuracy and completeness
of information or services furnished by the Client or others employed
by the Client and shall not be liable for damages arising from
reasonable reliance on such materials. Consultant shall promptly
notify the Client if Consultant discovers that any information or
services furnished by, the Client is in error or is inadequate for its
purpose,
6. Client 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
unwelcomed actions by Client or Client's employees or agents. This
shall include, but not be limited to, providing access to Client's
emiployees for Consultant's investigation, attendance at hearings,
responding to inquiries and providing full access to Client files and
information related to Consultant's employees, if any. Client agrees
that Consultant retains the absolute right to remove any of its
employees from Client's facilities if Consultant, in its sole discretion,
determines such removal is advisable, Consultant, likewise, agrees to
reasonably cooperate with Client with respect to the foregoing in
connection with any complaints made by Client's employees
7. Client acknowledges that Consultant has expended significant effort
and expense in training and developing Consultant's employees
Therefore, during the term of this Agreement and for a period of two
years after the termination of this Agreement or the completion of the
Services under this Agreement, whichever is longer, Client shall not
directly or indirectly: (1) hire, solicit or encourage any employee of
Consultant to leave the employ of Consultant; (2) hire, solicit or
encourage any consultant or independent contractor to cease work
with Consultant; or (3) circumvent Consultant by conducting business
directly with its employees The two-year period set forth in this
section shall be extended commensurately with any amount of time
during which Client has violated its terms,
SEC11ON III — PAYMENTS
A. Invoices
1, Undisputed portions of invoices are due and payable within 30 days.
Client must notify Consultant in writing of any disputed items within
15 days from receipt of invoice Amounts due Consultant will be
increased at the rate of 1,0% per month (or the maximum rate of
Interest permitted by law, if less) for invoices 30 days past due.
Consultant reserves the right to retain Services or deliverables until
all invoices are paid in full. Consultant will not be liable for any claims
of loss, delay, or damage by Client for reason ofvAthhdding
Services, deliverables, or Instruments of Service until at] invoices are
paid in full. Consultant shall be entitled to recover all reasonable
Page 37 of 38
costs and disbursements, including reasonable attorney's fees,
incurred in connection with collecting amounts owed by Client,
2, Should taxes, fees or costs be imposed, they shall be in addition to
Consultant's agreed upon compensation,
3. Notwithstanding anything to the contrary herein, Consultant may,
pursue collection of past due invoices without the necessity of any
mediation proceedings,
SECTION IV — GENERAL CO NSIDERAM ONS
A. Standards of Performance
1 The standard of care for all professional engineering and related
services performed or furnished by Consultant under this Agreement
will be the care and skill ordinarily exercised by members of
Consultant's profession practicing under similar circumstances at the
same time and in the same locality, Consultant makes no warranties.
express or implied, under this Agreement or otherwise, in connection
with its Services,
2. Consultant neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and
perform the work in accordance with its construction contract or the
construction documents prepared by Consultant. Client
acknowledges Consultant MI not direct, supervise or control the work
of construction contractors or their subcontractors at the site or
otherwise. Consultant shall have no authority over or responsibility for
the contractor's acts or omissions, nor for its means, methods, or
procedures of construction. Consultant's Services do not include
review or evaluation of the Client's, contractor's or subcontractor's
safety measures, or job site safety or furnishing or performing any of
the Contractor's work,
3, Consultant's Opinions of Probable Construction Cost are provided if
agreed upon in writing and made on the basis of Consultant's
experience and qualifications. Consultant has no control over the cost
of tabor, materials, equipment or service furnished by others, or over
the Contractor's methods of determining prices, or over competitive
bidding or market conditions, Consultant cannot and does not
guarantee that proposals, bids or actual construction cost will not
vary from Opinions of Probable Construction Cost prepared by
Consultant if Client wishes greater assurance as to construction
costs,. Client shall employ an independent cost estimator,
B. Indemnity for Environmental Issues
1. Consultant is not a user, generator, handler, operator, arranger,
storer, transporter, or disposer of hazardous or toxic substances.
Therefore the Client agrees to hold harmless, indemnify, and defend
Consultant and Consultant's officers, directors, subconsultant(s),
employees and agents from and against any and all claims; losses;
damage% liability, and costs, inictuding but not limited to costs of
defense, arising out of or in any way connected with, the presence,
discharge, release, or escape of hazardous or toxic substances,
pollutants or contaminants of any kind at the site,
C. Limitations on Liability
1 The Client hereby agrees that to the fullest extent permitted by law,
Consultant's total liability to the Client for all injuries, claims, losses,
expenses, or damages whatsoever arising out of or in anyway
related to the Project or this Agreement from any cause or causes
including, but not limited to,. Consultant's negligence, errors,
omissions, strict liability, breach of contractor breach of warranty
shalt not exceed five hundred thousand dollars (S500,0100) In the
event Client desires limits of liability in excess of those provided In
this paragraph, Client shall advise Consultant in writing and agree
that Consultant's fee shall increase by 1% for each additional five
hundred thousand: dollars of liability limits, up to a maximum limit of
liability of five million dollars (S 5, 000,000).
2 Neither Party shall be liable to the other for consequential damages,
including without limitation lost rentals;: increased rental expenses;
loss of use: loss of income; lost profit, financing, business, of
reputation: and loss of management or employee productivity.
Incurred by one another or their subsidiaries or suocessors,
regardless of whether such damages are foreseeable and are caused
by breach of contract, willful misconduct, negligent act or omission, or
other wrongful act of either of there. Consultant expressly disclaims
any duty to defend Client for any alleged actions or damages
3, It is intended by the parties to this Agreement that Consultant's
Services shall not subject Consultant's employees, officers or
directors to any personal legal exposure for the risks associated with
this Agreement, The Client agrees that as the Client's sole and
exclusive remedy, any claim, demand or suit shall be directed anidlor
asserted only against Consultant, and not against any of Consultant's
individual employees, officers or directors, and Client knowingly
waives all such claims against Consultant individual employees,
officers or directors.
4. Causes of action between the parties to this Agreement pertaining to
acts or failures to act shall be deemed to have accrued, and the
applicable statutes of limitations shall commence to run, not later
than either the date of Substantial Completion for acts or failures to
act occurring prior to substantial completion or the date of issuance of
the final invoice for acts or failures to act occurring after Substantial
Completion. In no event shall such statutes of limitations commence
to run any later than the date when the Services are sub stantIally
completed.
D. Assignment
1. Neither party to this Agreement shall transfer, sublet or assign any
rights under, or interests in, this Agreement or claims based on this
Agreement without the prior written consent of the other party. Any
assignment in violation of this subsection shall be null and void.
E. Dispute Resolution
1, Any dispute between Client and Consultant arising out of or relating
to this Agreement or the Services (except for unpaid invoices which
are governed by Section 111) shall be submitted to mediation as a
precondition to litigation unless the parties mutually agree othervvise,
Mediation shall occur within 60 days of a written demand for
mediation unless Consultant and Client mutually agree otherwise,
2, Any dispute not settled through mediation shall be settled through
litigation in the state and county where the project at issue is located,
SECTION V — INTELLECTUAL PROPERTY
A. Proprietary Information
1. All documents, including reports, drawingscalculations,
specifications, CAD materials, computers software or hardware or
other work product prepared by Consultant pursuant to this
Agreement are Consultant's Instruments of Service ('Instruments of
Service"), Consultant retains all ownership interests in Instruments of
Service, including all available copyrights
2. NoWthstanding anything to the contrary, Consultant shall retain all of
its rights in its proprietary information including without limitation its
methodologies and methods of analysis, ideas, concepts,
expressions, inventions, know how, methods, techniques, skills,
knowledge, and experience possessed by Consultant prior to, or
acquired by Consultant during, the performance of this Agreement
and the same shall not be deemed to be work product or work for hire
and Consultant shall not be restricted in any way with respect thereto.
Consultant shall retain full rights to electronic data and the drawings,
specifications, including those in electronic form, prepared by
Consultant and its subconsuttants and the right to reuse component
information contained in, them in the normal course of Consultant's
professional activities,
B. Client Use of Instruments of Service
1. Provided that Consultant has been paid in full for its Services, Client
shall have the right in the fornn 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 Instruments of
Service, electronic data or documents, and shall be giiven appropriate
credit in any public display of such Instruments of Service,
2. Records requests or requests for additional copies of Instruments of
Services outside of the scope of Services, including subpoenas
directed from or on behalf of Client are available to Client subject to
Consultant's current rate schedule. Consultant shall not be required
to provide CAD files or documents unless specifically agreed to in
writing as part of this Agreement,
C. Reuse of Documents
All Instruments of Service prepared by Consultant pursuant to this
Agreement are not intended or represented to be suitable for reuse
by the Client or others on extensions of the Project or on any other
Project, Any reuse of the Instruments of Service without written
consent or adaptation by Consultant for the specific purpose intended
will be at the Client's sole risk and without liability or legal exposure to
Consultant; and the Client shall release Consultant from all claims
arising from such use. Client shall also defend, indemnify, and hold
harmless Consultant from all claims, damages, losses, and expenses
including attorneys' fees arising out of or resulting from reuse of
Consultant documents without written consent,
General Conditions - 2
(Rev. 05.15.22)