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JWC Agenda 03-01-2023DocuSign Envelope ID: 24810F0D-B1BC-48C1-96A3-25ACB9041A14 AGENDA JOINT WATER COMMISSION March 1, 2023– 1:30 pm Remote Attendance: Members of the public may attend this meeting via Webex by calling 1-415- 655-0001 and entering access code 2468 657 1021. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – RJ Kakach, Assistant City Engineer, rkakach@goldenvalleymn.gov, 763-593-8043. 1. Call to Order—Roll Call 2. Approval of Minutes – February 1, 2023 3. Approve the Professional Services Agreement with Bolton & Menk for the Crystal and Golden Valley Pump Houses (Ray & Sele) 4. Approve the Agreement with KLM Engineering for the Crystal Reservoir Inspection (Ray & Sele) 5. TAC Update (Kakach) 6. Adjournment Joint Water Commission, February 1, 2023 Page 1 of 2 JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of February 1, 2023 The Golden Valley - Crystal - New Hope Joint Water Commission (JWC) meeting was called to order at 1:33 pm. Roll Call Present Tim Cruikshank, City Manager, Golden Valley Tim Hoyt, Acting City Manager, New Hope Adam Bell, City Manager, Crystal Staff Present Joe Hansen, Utilities Superintendent, Golden Valley Dave Lemke, Operations Manager, New Hope Matt Rowedder, Utilities Maintenance Supervisor, New Hope Patrick Sele, Utilities Supervisor, Crystal Tim Kieffer, Public Works Director, Golden Valley Sue Virnig, Finance Director, Golden Valley Bernie Weber, Public Works Director, New Hope Derek Goddard, Water Distribution Specialist, Golden Valley Mark Ray, Director of Public Works/City Engineer, Crystal Ben Perkey, Crystal R.J. Kakach, Assistant City Engineer, Golden Valley Carrie Nelson, Engineering Assistant, City of Golden Valley Approval of Minutes – January 4, 2023 Moved by Hoyt and seconded by Cruikshank to approve the minutes of the January 4, 2023 Joint Water Commission (JWC) Meeting. Upon a roll call vote the following voted in favor: Cruikshank, Hoyt, and Bell. The following voted against: None. Motion carried. New Commissioner The Commission acknowledged the City of Crystal’s appointment of City Manager, Adam Bell, to the Joint Water Commission. Appoint Chair, Vice Chair, and Secretary/Treasurer for the 2023 Calendar Year Moved by Hoyt and seconded by Bell to appoint Commissioner Cruikshank as Chair, Commissioner Hoyt as Vice Chair, and Commissioner Bell as Secretary Treasurer. Upon a roll call vote the following voted in favor: Cruikshank, Hoyt, and Bell. The following voted against: None. Motion carried. Joint Water Commission, February 1, 2023 Page 2 of 2 Reject Initial Approval of the Purchase of the Valve for the Douglas / TH-55 Project Moved by Hoyt and seconded by Bell to reject the initial approval from the January 4, 2023 meeting of the purchase of a valve from Boys Water for the Douglas Dr / TH 55 Pedestrian Underpass and Mini Roundabout Project. Upon a roll call vote the following voted in favor: Cruikshank, Hoyt, and Bell. The following voted against: None. Motion carried. Approve Purchase of Valve for Douglas Dr / TH-55 Project Moved by Hoyt and seconded by Bell to authorize the purchase of a valve from Dakota Supply Group for the Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project. Upon a roll call vote the following voted in favor: Cruikshank, Hoyt, and Bell. The following voted against: None. Motion carried. Approve Contract with MMRK Certified Public Accountants to perform 2022 Audit Moved by Bell and seconded by Hoyt to approve the 2022 Audit Services Contract for $11,750 with Chair and Finance Director to sign contract with MMKR. Upon a roll call vote the following voted in favor: Cruikshank, Hoyt, and Bell. The following voted against: None. Motion carried. Other Business • Next meeting scheduled for March 1, 2023. • Analeigh will be doing most of the auditing for JWC. Adjournment Chair Cruikshank adjourned the meeting at 1:54 pm. ATTEST: ___________________________________ ________________________________ Carrie Nelson, Recording Secretary Chair Tim Cruikshank \\Files\goldval$\Joint Water Commission\JWC Agendas\2023 JWC Agenda\3 - March\3 - CRY and GV Bolton and Menk cover memo 2.13.23.docx Memorandum DATE: March 1, 2023 TO: Joint Water Commission FROM: Mark Ray, PE, Crystal Director of Public Works Pat Sele, Crystal Utilities Superintendent SUBJECT: Crystal and Golden Valley Pump House professional services In April 2022 the JWC contracted with Bolton and Menk to obtain a professional services proposal to assist in the design and construction of the work at the two pump houses. The Joint Water Commission’s Capital Improvements Plan includes funding for pump replacement work at both the Crystal and Golden Valley pump houses. In the past, the JWC has replaced a single pump at a time as part of a regular maintenance schedule. This approach worked because the replacement parts were readily available, the pump motor controls were very basic (variable frequency drives-VFDs did not exist), and the supporting electrical system was sufficient. However, during the evaluation of the existing system it was determined that the existing electrical system no longer meets code and is insufficient for current pump control technology, replacement parts for some of the control systems are no longer available, and the lead time to get some parts is in excess of a year. In short, the sustained, regular maintenance approach for replacement of the pumps at the pump house no longer works because pump technology has evolved and the infrastructure at the pump house to support the pumps is not adequate. Additionally, some replacement parts are not even available should they be needed, which poses a serious reliability concern. This was discussed at the January 2023 JWC Commissioner meeting. Project Timeline The Golden Valley Pump House will be the first to undergo the system overhaul to improve reliability. It is anticipated this work would occur during the winter 2024-2025. The Crystal Pump House would then have similar work done during the winter 2025-2026. Project cost Bolton & Menk’s professional services cost for a total estimated fee of $237,000. \\Files\goldval$\Joint Water Commission\JWC Agendas\2023 JWC Agenda\3 - March\3 - CRY and GV Bolton and Menk cover memo 2.13.23.docx The reason that the professional services are estimated fee is because the engineer has no direct control over the scheduling or operations of the project contractor, construction phase services described in the proposal are estimated based on similar projects and are proposed to be provided on an hourly basis at the rates noted. Project funding In the near term this project will be funded from available funds in various Capital Improvement Projects. Over the long term, this project will eliminate some of the future pump house projects. In turn, the funding allocated for pump house work can be reduced. Recommended action Motion to approve the professional services agreement with Bolton and Menk. N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump & Motor Replacement scope and fee letter 2023-02-13.docx February 13, 2023 Patrick Sele Utility Superintendent, City of Crystal 5001 W Broadway Ave Crystal, MN 55429 Re: Joint Water Commission Crystal and Golden Valley Pump and Motor Replacement Dear Mr. Sele, Thank you for providing us this opportunity to assist you with the pump and motor replacement, VFD addition, and associated electrical work for the Crystal and Golden Valley pumps stations. Bolton & Menk, Inc., has the technical expertise, experience, and resources to complete this project for the Joint Water Commission and we appreciate your consideration. While we already have a contract for work at these pump stations, this revision letter addresses a change in scope of the planned project. This change stems from the need to address both sites in a more comprehensive and efficient manner to ensure reliable future operation. It is understood that all work at both pump stations will fall under a single project. However, for informational purposes and because of the differences between the sites, this letter addresses each site separately in terms of scope of work and engineering costs. Golden Valley Pump Station Based on our understanding and previous discussions, the work to take place at the Golden Valley Pump Station will consist of the following: - Pump and Valves: Replace #4 pump (shaft & bowls) and associated 200 HP motor with new. New motor will include anti-rotation. Balancing to be completed once new motor is installed. Also replace the actuated check valve immediately downstream of #4 pump. - Controls and SCADA Work: Replace the existing MCC bank in the station with VFDs to power all five (5) pumps. Install harmonic correction unit, output filters, lighting panel, and other associated electrical components and wiring. Upgrade the PLC panel to accommodate new components. The pump station control panels will be modified as required to interface with the VFDs and other new equipment. The PLC panel will be programmed and the SCADA system software will be modified to handle the new controls and monitoring, including motor alarms. It is understood that the incumbent systems integrator (Total Control Systems) will be sole sourced for this work. Mr. Patrick Sele Date: February 13, 2023 Page: 2 N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump & Motor Replacement scope and fee letter 2023-02-13.docx - Air Conditioning Systems: The proposed VFDs will reject heat into the main room of the pump station. Bolton & Menk will separately engage a mechanical engineer to evaluate the cooling requirements and provide design for upgrades to the HVAC system. Crystal Pump Station Based on our understanding and previous discussions, the work to take place at the Crystal Pump Station will consist of the following: - Pump and Valves: Replace #3 pump (shaft & bowls) and associated 300 HP motor with new. New motor will include anti-rotation. Balancing to be completed once new motor is installed. - Controls and SCADA Work: Replace the existing MCC bank in the Electrical Room with VFDs to power all five (5) pumps. Install harmonic correction unit, output filters, lighting panel, and other associated electrical components and wiring. Upgrade the PLC panel to accommodate new components. The pump station control panels will be modified as required to interface with the VFDs and other new equipment. The PLC panel will be programmed and the SCADA system software will be modified to handle the new controls and monitoring, including motor alarms. As with the Golden Valley site it is assumed that Total Control Systems performing this work. - Air Conditioning Systems: The proposed VFDs will reject heat into the pump station Electrical Room. Enhanced air conditioning will almost certainly be needed. Bolton & Menk will separately engage a mechanical engineer to evaluate the cooling requirements and provide design for upgrades to the HVAC system. Project Approach We have identified two (2) tasks in order to complete the work as described above. A summary of the tasks is included below: Task 1 – Design Phase • Prepare final plans and specifications • Design review meetings with City staff • Develop construction cost estimates • Advertise and bid project Task 2 – Construction Phase • Construction administration • Shop drawing review • Construction observation • Coordinating start-up services • Record drawings Bolton & Menk is teaming with Sheldon Sorensen from Barr Engineering for the electrical and controls portion of this project and will be teaming with KFI Engineers for the mechanical (HVAC) portion. Mr. Patrick Sele Date: February 13, 2023 Page: 3 N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump & Motor Replacement scope and fee letter 2023-02-13.docx We understand that the work can be done at any time, however, the plans and specifications will note that the Golden Valley Station, with at least three working pumps, must remain operation during construction on the Crystal Station. Likewise, the Crystal Station will remain fully operational throughout construction at Golden Valley. Assuming that approval for design is received in the immediate future, the following is a proposed schedule including major milestones for the design and construction of the project: • Complete final design & bid project: May 2023 • Award project & complete contracts: June 2023 • Review & approve major shop drawings: July 2023 • Begin construction at first site: January 2024 • Complete construction: December 2025 Equipment lead times have been significant recently due to myriad supply chain issues. The schedule above attempts to be reasonably conservative, but we will review and update it as needed during the design process. It is understood that the Joint Water Commission intends to try and limit delays by initiating procurement of major pieces of equipment themselves as soon as the design phase of the project is complete. Engineering Costs We propose to complete the above design and construction phase services for a total estimated fee of $237,000. The following is a summary of our fees: Final Design Phase Golden Valley Pump Station ………………………………………….$50,000 Crystal Pump Station ......................................................... $64,000 Subtotal Estimated Fee .................................................. $114,000 Construction Phase Golden Valley Pump Station ............................................. $55,000 Crystal Pump Station ......................................................... $68,000 Subtotal Estimated Fee .................................................. $123,000 Total Estimated Fee ........................................................ $237,000 Because the engineer has no direct control over the scheduling or operations of the project contractor, construction phase services described in this letter are estimated based on similar projects and are proposed to be provided on an hourly basis at the rates noted. Mr. Patrick Sele Date: February 13, 2023 Page: 4 N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump & Motor Replacement scope and fee letter 2023-02-13.docx Thank you for the opportunity to present this scope and fee letter and we look forward to working with you, your staff, and Golden Valley staff on this project. If you need any additional information or have any questions on the above, please do not hesitate to give me a call at (612) 803-5223. Respectfully submitted, Bolton & Menk, Inc. Seth A. Peterson, P.E. Senior Principal Environmental Engineer \\Files\goldval$\Joint Water Commission\JWC Agendas\2023 JWC Agenda\3 - March\4 - KLM Tank Inspection 2.13.23.docx Memorandum DATE: March 1, 2023 TO: Joint Water Commission FROM: Mark Ray, PE, Crystal Director of Public Works Pat Sele, Crystal Utilities Superintendent SUBJECT: Crystal reservoir tank inspection At regular intervals both the Crystal and Golden Valley concrete underground reservoirs are inspected to identify maintenance needs, provide cost estimates, and timelines for the work. This summer the Crystal reservoir is slated for inspection. Project Timeline Remote Operated Vehicles are used to complete the inspections. As such, the reservoir is not needed to be taken out of service while the work takes place. Project cost KLM Engineering, Inc. has completed the inspections in the past and also inspects the water towers. The JWC has a long, successful history working with KLM. The fixed fee cost for this work is $10,200. Project funding Funding for this project will come from Inspect and Clean Reservoir 16-006 in the amount of $50,000. Recommended action Motion to approve agreement with KLM Engineering Inc for the Crystal reservoir inspection. Copyright 2022 by KLM Engineering, Inc. Page 1 of 7 January 25, 2023 Sent via Email Only Mr. Patrick Sele Utility Superintendent City of Crystal 4141 Douglas Drive N. Crystal, Minnesota 55422 RE: Proposal for KLM to Perform three Remote Operated Vehicle (ROV) Evaluations: (1) 4,500,000-Gallon Underground Concrete Reservoir No. 1, (2) 4,500,000-Gallon Concrete Reservoir No. 2 and (3) 10,000,000-Gallon Underground Concrete Reservoir No. 3, all located in Crystal, Minnesota. KLM Project Number: 3606, 3607 and 3608 Dear Mr. Sele: KLM is pleased to submit this proposal for the three (3) ROV evaluations the above-referenced underground reservoirs, located in Crystal, Minnesota. KLM Engineering provides NACE and AWS trained inspectors, certified in competent climbing, having experience and working knowledge of the Occupational Safety and Health Standards (OSHA), American Water Works Association (AWWA), American Concrete Industry (ACI) and State Regulations. KLM Engineering provides evaluation reports that are reviewed by an engineer who has authored the report and/or were written under the engineer’s direct supervision. DOCUMENTATION KLM will provide the Owner with an evaluation report for each reservoir, which will provide the following benefits: 1. Clearly stating the actual condition of the reservoirs. 2. For coated reservoirs, provide a life expectancy estimate of the coatings and/or an estimated timeline for coating replacement. 3. Identify structure deficiencies and recommended repairs to bring the reservoirs into compliance with ACI, AWWA and OSHA requirements. 4. Provide a schedule for performing recommended maintenance work. 5. Provide a Cost Estimate for all structure repairs and coating replacement. 6. Identify the quantity of sediment and recommend a timeline for cleanout, if warranted. 7. Include color photographs identifying current conditions and any required repairs. 8. Recommend a timeline for future evaluations. The evaluation report will be provided to the City of Crystal, Minnesota in digital format (Pdf). After which, KLM will contact City of Crystal, Minnesota to discuss the report and answer any questions. Crystal, MN – (3) ROV Evaluations of Underground Reservoirs Copyright 2022 by KLM Engineering, Inc. Page 2 of 7 KLM WORK PLAN ROV Evaluation KLM plans to utilize a two-man crew and a Remote Operated Vehicle (ROV) to perform the evaluation. This evaluation method can be performed in one day. KLM will provide inspectors who are properly trained and qualified to perform this type of evaluation. KLM inspectors will place a disinfected ROV and tether into the reservoir for the interior evaluation of the roof, walls, partition walls, floor, piping and valves. Video recording and photos will be taken with an underwater camera, which will show the structure conditions and quantity of sediment. The interior of the inlet pipe is excluded from the evaluation, unless otherwise written into this Agreement. Exterior and Interior Evaluation The exterior and interior evaluation is critical to the evaluation to determine whether there are any structure deficiencies and OSHA compliance. The exterior will be inspected from all areas accessible without rigging, unless otherwise written into this Agreement. Coating conditions of both the interior and exterior piping and reservoir coatings, when applicable, will be examined using dry film thickness (DFT) and standard ASTM tests. Interior and Exterior: ▪ Roof structure (size and style). ▪ Vents (size and style). ▪ Roof manways (size and style). ▪ Ventilation manways (size and style). ▪ Overflow weir and pipe (size and style). ▪ Support column (size and style). ▪ Capacity level and head range. ▪ Inlet/outlet pipe. ▪ Mud ring. ▪ Site dimensions. ▪ Safety considerations. ▪ Drains. ▪ Floor condition. ▪ Pitting on piping. ▪ Ladders, cages, platforms and handrails. ▪ Base pad condition, including Flexcell and grout. ▪ Screens on vents and overflows. ▪ Overflow air breaks, splash pads and drainage. ▪ Safety devices. Crystal, MN – (3) ROV Evaluations of Underground Reservoirs Copyright 2022 by KLM Engineering, Inc. Page 3 of 7 OWNER’S RESPONSIBILITIES The Owner’s personnel shall also be responsible for: ▪ Set the water at, or near, the high-water operating level. ▪ If possible, cease the water inlet and outlet operation during the ROV inspection. ▪ Taking and testing water samples, as required. ▪ Providing information on the reservoirs, including maintenance records, construction drawings, previous evaluation reports and previous painting or reconditioning specifications. This information is most useful if obtained prior to the reservoir inspection and evaluation. FEES 1. 4,500,000-Gallon Underground Reservoir No. 1 Remote Operated Vehicle (ROV) Evaluation The evaluation will be performed for a fee of ..................................................... $3,400.00 2. 4,500,000-Gallon Underground Reservoir No. 2 Remote Operated Vehicle (ROV) Evaluation The evaluation will be performed for a fee of ..................................................... $3,400.00 3. 10,000,000-Gallon Underground Reservoir No. 3 Remote Operated Vehicle (ROV) Evaluation The evaluation will be performed for a fee of ..................................................... $3,400.00 Total Fixed Fee .......................................................................................................... $10,200.00 If for any reason beyond KLM’s control, including Owner’s failure to provide proper evaluation conditions, prevents the tank evaluation from being performed in one day, and KLM is required to return for a second day to complete the evaluation, the cost of a second day of evaluation is an additional time and materials. TERMS AND CONDITIONS KLM has attached our standard Terms and Conditions. The Terms and Conditions are part of this Agreement between the City of Crystal, Minnesota and KLM Engineering, Inc. unless otherwise agreed to in writing by both parties. Fees are subject to change, if proposed work exceeds twelve (12) months from the date of this proposal. Crystal, MN – (3) ROV Evaluations of Underground Reservoirs Copyright 2022 by KLM Engineering, Inc. Page 4 of 7 ADDITIONAL INFORMATION Additional information can be found at KLM’s website at: www.klmengineering.com AGREEMENT This proposal is valid for sixty (60) days from the date of this proposal. If City of Crystal, Minnesota finds the proposal acceptable, please sign and return by mail, fax or email. By signing and returning this signature page only, you agree to the terms of the entire proposal document submitted. When KLM receives the signed proposal, we will contact the City of Crystal, Minnesota to coordinate an evaluation date. Upon delivery of the report to the City of Crystal, Minnesota, an invoice will be submitted according to the terms of this Agreement. This Agreement, between the City of Crystal of Crystal, Minnesota and KLM Engineering, Inc. of Woodbury, Minnesota is accepted by: CITY OF CRYSTAL 4141 Douglas Drive N. Crystal, Minnesota 55422 KLM ENGINEERING, INC. 1976 Wooddale Drive, Suite 4 Woodbury, MN 55125 Signature Signature Michael Novitzki Name Name Director of Business Development Title Title January 25, 2023 Date Date We look forward to working with you. Sincerely, KLM ENGINEERING, INC. Michael Novitzki, MBA Director of Business Development Phone: 651-773-5111 Fax: 651-773-5222 Cell: 651-440-5058 Email: mnovitzki@klmengineering.com Attachment: KLM Terms and Conditions © 2022 KLM Engineering, Inc. U:\Proposals\Crystal, MN (3) ROV 4.5MG Underground Concrete Res. 1, 4.5MG Underground concrete res. 2 and 10.0MG Underground Concrete Res. 3.docx Crystal, MN – (3) ROV Evaluations of Underground Reservoirs Copyright 2022 by KLM Engineering, Inc. Page 5 of 7 KLM ENGINEERING, INC. TERMS AND CONDITIONS 1. BASIC SERVICES. The scope of KLM's work is described in the attached proposal or contract agreement and may not be expanded or reduced except by mutual agreement in writing. 2. ADDITIONAL SERVICES. Additional work or services shall not be performed without a duly executed change order or purchase order outlining the scope of additional work on services. 3. OWNER'S RESPONSIBILITIES. OWNER shall fully disclose to KLM its knowledge of the condition of the structure and its past and present contents and shall provide KLM with full information regarding the requirements for the project; shall designate an individual to act on OWNER'S behalf regarding the project. If necessary, shall clean and make the structure safe for entry; shall furnish the service of other consultants (including engineers, insurance consultants, accountants, attorneys, etc.) when those services are reasonable required or are reasonably requested by KLM; shall test for pollution and hazardous materials when required by law or requested by KLM; and shall provide all necessary permits and other authorization. 4. SAFETY. KLM shall only be responsible for safety of KLM personnel at the work site. The Owner or other persons shall be responsible for the safety of all other persons at the site. Owner shall inform KLM of any known or suspected hazardous materials or unsafe conditions at the work site. If, during the course of the work, such materials, or conditions are discovered, KLM reserves the right to take measures to protect KLM personnel and equipment or to immediately terminate services. Owner agrees to be responsible for payment of such additional protection costs. Upon such discovery, KLM agrees to immediately notify the Owner in writing, of the hazardous materials or unsafe conditions. 5. HAZARDOUS MATERIALS. Unless agreed in the scope of work KLM has no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials at the project site. To the full extent permitted by the law, OWNER shall defend and indemnify KLM and its employees from all claims, including costs and attorney fees, arising out of the presence of hazardous materials on the job site. 6. SITE ACCESS AND RESTORATION. Owner will furnish KLM safe and legal site access. It is understood by Owner that in the normal course of work, some damage to the site or materials may occur. KLM will take reasonable precautions to minimize such damage. Restoration of the site is the responsibility of the Owner, unless agreed to in the scope of work. 7. STANDARD OF CARE. KLM will perform services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in the geographic area, and under similar budgetary constraints. No other warranty is implied or intended. Crystal, MN – (3) ROV Evaluations of Underground Reservoirs Copyright 2022 by KLM Engineering, Inc. Page 6 of 7 8. SCHEDULING. Prior to scheduling the OWNER shall furnish a written purchase order or request for the services required and shall give as much notice as possible in advance of the time when the services are desired. Our ability to respond to such an order will depend upon the amount of advance notice provided. If an inspection is canceled or delayed after KLM personnel and/or equipment are in transit to the work site, then the OWNER shall be billed, according to the TERMS AND CONDITIONS, for costs incurred by KLM. 9. INSURANCE. KLM will maintain worker's compensation insurance and comprehensive general liability insurance and will provide OWNER with a certificate of insurance upon owner's request. 10. PAYMENT, INTEREST AND BREACH. KLM will submit itemized monthly or other periodic invoices for work previously performed. Invoices are due upon receipt. OWNER will inform KLM of invoice questions or disagreements within 15 days of invoice date, unless so informed, invoices are deemed correct. OWNER shall make payment within 30 days after receiving each statement, and overdue payments will bear interest at 1.5 percent per month if OWNER is a business entity and at the legal rate of interest of the state in which the project is located if OWNER is a consumer. If any invoice remains unpaid for 60 days, such non-payment shall be a material breach of this agreement. As a result of such material breach, KLM may, at its sole option, suspend all duties to the Owner or other persons, without liability. Owner will pay all KLM collection expenses and attorney fees relating to past due fees, which the Owner owes under this agreement. 11. MUTUAL INDEMNIFICATION. Except as to matters actually covered by insurance purchased by KLM. KLM agrees to hold harmless and indemnify OWNER from and against liability arising out of KLM's negligent performance of the work, subject to any limitations, other indemnifications or other provisions OWNER and KLM have agreed to in writing. Except as to matters actually covered by insurance purchased by OWNER, OWNER agrees to hold harmless and indemnify KLM from and against liability arising out of OWNER’S negligent conduct, subject to any limitations, other indemnifications or other provisions OWNER and KLM have agreed to. 12. LIMITATION OF LIABILITY. OWNER agrees to limit KLM's liability to OWNER arising from professional acts, errors or omissions, such that the total aggregate liability of KLM does not exceed KLM's project fees except as to matters actually covered by insurance purchased by KLM. 13. DELAYS. If KLM work delays are caused by Owner, work of others, strikes, natural causes, weather, or other items beyond KLM's control, a reasonable time extension for performance of work shall be granted, and KLM shall receive an equitable fee adjustment. 14. TERMINATION. After 7 days written notice, either party may elect to terminate work for justifiable reasons. In this event, the OWNER shall pay for all work performed, including demobilization and reporting costs to complete the file project and reports to OWNER. Crystal, MN – (3) ROV Evaluations of Underground Reservoirs Copyright 2022 by KLM Engineering, Inc. Page 7 of 7 15. SEVERABILITY. Any provisions of this agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, OWNER and KLM will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. 16. KLM'S DOCUMENTS. All reports, specifications, drawings and other documents furnished by KLM are part of KLM's services to OWNER for use only for the project, and KLM retains all ownership of said documents regardless of whether the project is completed. OWNER may retain copies for reference in connection with the use and occupancy of the project; but KLM does not represent that the documents are suitable for reuse on extension of the project or on other projects. OWNER and others shall not use the documents on other projects or extensions of this project except by KLM's written agreement. OWNER will defend and indemnify KLM from all claims or losses arising out of the unauthorized use of the documents. 17. ARBITRATION. Any controversy or claim for money damages arising out of or relating to the making or performance or interpretation of this AGREEMENT, or the breach of this AGREEMENT, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The arbitration panel shall consist of three arbitrators, at least one of who is a structural engineer; and the panel may award only money damages and shall not award equitable relief. Judgment upon the arbitration award may be entered in any court having jurisdiction of the parties. The enforceability of these arbitration provision and arbitration awards will be governed by the Federal Arbitration Act. 18. ARBITRATION FEES. The prevailing party to any dispute arising out of this AGREEMENT shall be entitled to recover its reasonable fees and costs from the other party. 19. JOB SITE IMAGES, PHOTOGRAPHY AND VIDEO. During the term of this contract and thereafter, KLM has permission to take still photographs or video of the site for training, documentation, education or promotional purposes. A signed agreement constitutes the Owner’s written permission to use the photographic image or video in the manner described herein. The only identifiable information to be used by KLM will be the Owner’s name as displayed on the image. Acceptance of these terms and conditions is considered a legal release by the Owner allowing KLM to use of photographic images as described herein. \\Files\goldval$\Joint Water Commission\JWC Agendas\2023 JWC Agenda\3 - March\5 - JWC TAC Meeting Minutes_2.23.23.docx Joint Water Commission TAC Meeting Thursday, February 23, 2023 9:00 AM 1. Towers – New Hope – No update • MLR Tower – design in 2023, NH has reached out to KLM, start design, get updated cost estimates, 2024 construction. 2. Pumps • Pumphouse Project Update 1. Bolton and Menk updated Proposal – Recommend approval at JWC Meeting 2. Will include items below, GV in 2024/2025, Crys 2025/2026 A. Pump #4 at GV reservoir is original and needs to be replaced. Will include VFD B. Pump #3 at Crystal is original and needs to be replaced. C. Bolton and Menk designing project. D. GV replacing valves and actuators between pump and manifold tee. E. Purchase parts with battery backup, approximately $60,000 of work – has been approved and ordered F. Parts will be installed by GV Utilities (and Crystal and NH?) crews (currently 24-26 week lead time on parts). G. GV pump #5 is out of service, pump #4 needs replacement, GV working off of two pumps – waiting on actuators from Vessco. Crystal will need to pump while GV replaces valves. 1. Need to fix both GV pumps before valve work at Crystal reservoir and NH Tower. H. Valves Fall/Winter work I. GV pumps 2&3 only two in service until repairs and replacement of pump #4 is complete. J. GV will inspect motors and electrical annually once pump #4 is replaced. 3. Valves – No update • Crystal – valve replacement around pump house was moved to spring of 2022 to finalize scope of work and logistics. NEED TO MOVE START DATE BACK UNTIL GV PUMP HOUSE HAS REPLACED ACTUATORS – SEE NOTE ABOVE (Spring 2023?) • Meter update at same time as valve replacement in Crystal (~$40,000) • Olympia and Louisiana – bad gear box, need to evaluate scope of repair. 4. SCADA No update 5. Miscellaneous \\Files\goldval$\Joint Water Commission\JWC Agendas\2023 JWC Agenda\3 - March\5 - JWC TAC Meeting Minutes_2.23.23.docx A. Medicine Lake Tower Parts Storage – Parts received, Smartsheet created, need to organize. • Create column in Smartsheet for Replacement Parts Ordered and fill with date ordered. • Temp part storage during tower rehab in 2023? North Tower? B. Fiber - TAC agreed running fiber to all facilities is a long-term goal. o Existing Fiber - both emergency wells in Crystal, GV Tower, North Tower, and Crystal reservoir. o Proposed Fiber – GV Pumphouse (2023) –Joint project with Hennepin County in 2023 to get to GV Pump house, recommend approving $80K project with LOGIS to get fiber from pump house to GV Rd. Will then approve another portion with Hennepin County along GV Rd in late 2022/early 2023. Project will be well under $200K budget. • Received Hennepin County Fiber Project meeting invite for project in early March, will know more about project status after meeting. C. TH 55/Douglas WM Relocation – No update D. Effluent Meter Pit – No update • Exploration work on top of existing pit will be postponed until time allows. E. Mpls Agreement Renewal 2024 – No update F. Altitude Valve at MLR Tower – No update • To be added with recoating in 2024 (similar to what was done with GV tower last year) G. KLM Crystal Reservoir Inspection • Recommend approval at next JWC meeting H. NH North Tower Altitude Valve Pit Hatch Repair • Will obtain quotes to fix hatch I. 48” Gate Valve GV Meter Pit • Started conversations with Mpls to install valve in 2024 J. 2024-2033 CIP • TAC has started to update CIP for next year