Loading...
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 8 8 8 < 0 0 0 CL m m m m cm a co to ca cc 0 It C> 0 c 7a m LO (I � LO to r�- Ci V) U)F o 0 C? LU w ui ui V) V) U) Q. 0 0 0 0 C> CD Z LLJ E E 0 0 a 0 0 a Cr` 0 Lo Cj 0 Q pyy 0 co co < cc U E m 4) Lo C:5 C 0 cli C5 Ln, N 04 0 C> N co LO CN m �L) co r" to r� 0 0 m (N 0) C� m C> 'ro m ko M to t- 1p U� . fli Ct L; (n CN UlCN CN L) > c 0 cc coo 00.50 m mz,5zezfzoz .0 0 Z) z D 0 =) E D > LL stu,oOdd -Luo ozoz-zi�z3tz c LL C� 0 0 0 0 o c, ol�R r M <DVEOLIIIA 1111111J'�' 11 f )", 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 MMEEM m4 . ....... . .. ...... . ... Dfmkmg %V41'r I'M10— PO 1I., r4975AW75 S1 N'4VI"N �5tW1975 SacteriologicaVDisinfectant Residual Monthly Report 65Ie1QtA701J FAX,65UNH4701 NNW WA,, ID ED r'S d'pLO 1 8 6 0 0 2 4 0 2 7 1 6 1 1 8 6 Kml"KI-117 "T"W117'TFV7V'TNSe---.--. — — IT.111111-1---l— Jduo PO%ers Wj er UC 1. ABORATORY 1100 50th Si NE . . ........ k..�'- N o"d E L1 I" /25 Mhctl4iUc 55301 763-497-3611 PHONE fl�071234-5835 Routine Samples NV-thl,q A%—g, KtG'p;orl Fv NWONr ors:xX'PC' "'wOvs "f&'mP4' SxO- D R d rmC`Normc SUYOm fofs=pP�- Nun&g or S'.mpl" puwra Ors'nm' lo NININY re 7uu tl. P" Mmuh Cr+d1wd "Where D R m CW—"""'! r. P-I", I Vo,mye fim T.W CQU,fmm 1�0'wCohfam E CtiA' tCq'd'Vd m wlw 40 at n nev -mpk, L— . ........... ... .. .. ------------- Original Positive Samples Lrm"ml1 nn e,wYyrinnx, uxr .— IINICIIfl)) Ar,,Ay,d, D4 R— I E, ..... . . . . — — --------- ..... ... . .. . ...... ................ Repeat Samples (Lab may attach sheet with additional repent sample locations.) CoU'm�— D'2' sowwAvd m xi vs D" u,bW, on t'x,, vm v.AuIdm,, or n -x -f C�u d o N AauR — Dw Real l>ti (T,,i.,J 1, .. . ...... . .. . ....... . . ... .... cot'fomvl CO�O Samph41 C--,Lr+ Vm Chh— R—d-] 0 0 R, uI mp d 0 Dc g C S..,vplc 02 Aft, Sr�cd—, Chj�v,j H4,,d,trj 044 R,,, T—p I. 0 17rt4 C S.mpk X3 C)" U=;Z (No—r., P—duel.0 V Rcc Temp I Q IN! g C S.mp�c d�I 38 Bl".m' ChImn. kcwlwd 0 52 Rc"Imm 1.0 Mg, C S-'Pl' 45 Clap A Chl,y,n, R,,dwj 0 F,7 R,cTc—p I. 0 lkg C S=pk 06 PU72,,,A Chlm,w Ro,d,"l 0 t5 K,n 1cm, 1 1) MgC S,mpk 47 H.LaI' ' , cb1 mm� R" "d" 0 09) R'zc Ten", 10 lxgc S.mplm and K. ik 1 "P 00mm, RcmduI 041 AcCkm, t 0 Mg C Su.mplc 09 T"mj Mmt'� Chl— K—d-1 05Y R'C Ta'q' 10 1 k' g C' S—pl, RW %bH;Kftd Apm, 00": nu RW , 'd I'l 0 5 A"C'Nwp 10 D'g C sx,4'k 411 C-I'l CA m"': ' chl—T 091 R'C T'.ft'P 10 p I"Y' C S—pk # 17 pal'ck C'el—t ChRmew Roi u,O 0 V A,c Nmp 1 0 Dg C Sxmple Al ld K-k k Ab CTA,; R—,J-1 0 90 R, c T mp 0 Dcg C 5-'Ph., 4d4 40 H'd'UN�5 Chkn:w 1) 50 K,w 'V,,,,p 10 D,-p+C 5 :mpk 41.5 Whmcfl, Ch�1.di'p, G1 75 R- T—, I0 D,g C S'mpk A Y 6 RP Chl,,-ne Rea,,,,9u,l 0 54 Ric f,,rup S 0 Mg C S—'P�' and W"j chonrx 0 45 V'cT—'p 10 Dq C S anpX,� m 18 S ffi M 11 W CL,m— Re,,J—1 065 Rec 1,mp C.0 IX-g C 5—pk 419 Hzmoy"f P W CUnn A4,,J r4p 0 26 K,c f,—, 9 0 Dq C s4n"'k 0,0 7hs ... r C H C'F,derelr R—J—� 0 59 Ree T,^mp P 0 Mg C' S.—p c 0? I C-unun Um ch�'WmQ 0 65 P"'Q Imp 1 11 D.Y' C sm'pk OQ? Nb R',,,d-d 0 8r R,.,femp p 0 D,,,g C S.mpla 923 ("J" ClAor n,' 0, Y)O Rvc knq, p 0 D,:g C S.mpk #24 y$ R.�'gu K',,d';O Q1 i� R,c 1—p 9 0 Dq C S'mp�'! 92a K.P. tlj 87 R- T,=p tl 0 Deg C S'mrk- #26 K%A T"p Chl'uLr" R—J-u 0 58 RxC k1up W 0 Mg C saupl. *:"7 Chkfac kv,,Ju4p 0 V Wc 1"-y & 0 D,r 0 C Saqpk mld R,,1-1[ Chl— R-A-� 0,89 R- Temp 0 Dvg C S—'pY' 021i 1 am 11 "10, ChAmm, R—d 0 W Ktc Dmp O.0 My, C S,mpk 430 NWHTmd AT,(, C"On"", Re"d..d 0 65 k- 0 Deg C 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 "2 (N m 0 CD 0 Z 00 cr LLI Ck: t 6 CD 0) Lr)c1 CD �s C? q� 0 C) CD rl- LO � OF E CD Ci C) 0- > U') 0) a� 0 IV r- 6 0 4 co 0 0) cta cis (0 CD (0 F161 Ul) Ul) L0 LO Lr) C) (D C5 0 L) 1 c � (LO CD m (0 co 't r7 Ce) Ir C? 11, C,4 cr' LLI ............ . . - — T7 CL as m C6 E s c E C4 to Ul) V) L0 Ul) 0 0 0 C4 0 CV C> 04 C> N 0 N N C14 N N to c M u"> c c C til 0 0 CF Co Page 14 of 38 m P "IN 0 eq CD 8 E a S^J X (n L? 2 0 < 0 2ca L: a. a. z < Z V) 0 0 a . ......... ........ . 2 L5 2 .2 2 0 I s 0 7 c4 Ern as u 0 im = - c 02 D o 0 0 0 0 93 0 2 Ln C'4 L M C?l u < z LO '''I 0 0 04 to M: to (0 Lo CD CD v 04 CD "I 0) C141 cl, 04 co CV) C<L Ld! N C, 0 Ca C) C) C) CD CD CD LID a C14 cli m d C%4 V) 12 0 C� CD C� 0CD 0 0 0 0 a 0 �o C14 iN CS4 IN IN IN IN LU I LU I CIL cli CO M ca ca 14, (o kn 'T R ci ci U-) CL (n C � ca z C) C> v uj fl- co Co N CS4CD CD 0 E CD 0 a C) CD CD Ln CD CD ca C) C) Z El IN lt I V)l ca mo, C) u ig Q � E 7t ce) Itl- kn m LO m IX) rc> Cf) lww c 0 tv C: 0 — 0 0 U. M�Mmz M M z w 0 w di 0 qA Inc uj CO w 2 2 I'I cc,,' '0 (L < ru LU Z c C r z 0 m 0 0 0 0 0 �; J on 2 01-mmim OT cli z 0 LIJ UJ 03 uj CAA. CL li < D uj CL z Z o 0 C) �t 0) m c 04 E 0 C> U') h- 0 ) '0l- LC) C) qt (D �N Lo I'C 12 ct C;R CO 0 D C) 0 6 6 9 0 1 C) to ..... ..... . N 04 C14 LO C) CS MC tico OL N rl- (0 rl- C.0 C) E Lr) 00 0 c CR 0, 0 (D 'Coo to Iq m 00 E N C+ c 1 OD 0) 0 (D C) "a- cl� QP 6 CN V- CO — ........... r.0 ca CL a 0 CD RY ce) 00 co < tn S C., m rl- m 64 U*) 0 CL C) q 00 m N 0) m {o CL C5 cli C5 6 clt A, "E '2 u' 0 0C, LL 0 to (D L W 0 CL 0 11w Q 4 N . . . ....... . E C? E LU Z Lu M 2 LU < D C.L Z < Z C) V, j! V OD Go to a< 0 C7 0 cli v ul� Lo a< in 3 a< 72 C> C> 0 0 0 0 C>00 0 0 v v v v v v L 0 0 'o c Ln r- — C4 v C> 0 0 1p 0 1p'0 C) (P (P (0 v v v v v v I<L 7�=,M/77/77777 --o., -0 w -0:-, 00 CO m co U) cv 0 Co C> 0 (D — CN cli C> '.1 E v < . .................. .... 0 U? 171? Ci 13� cl� llz� N U�, .2 0 C" r— r-- CO C<L 0 0 N (D o C, l C'4 N N C14 N ci 6 0 6 6 0� v v v v v v m n< uj c 0 1 6 oi oi 10 C-i v Ln LO U) In C�14 u r c C. C. g: 2 tY U Qj 0 7, 0 �W f m f -,5 f f f co M a 0 'o a 0 ZMEOM, I 2 u I Cp 04 IAd A '2 cc 0 ca to -FO J: 2� C) 0 EL > 0 AI 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)