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12-04-2013 JWC Agenda PacketAGENDA JOINT WATER COMMISSION December 4, 2013 - 1:30 p.m. Council Conference Room Golden Valley City Hall 1. Call to Order 2. Approval of Minutes— November 6, 2013 3. CIP Update (TAC) 4. Emergency Backup Water Supply Project a. Update on Financing Alternatives for Emergency Wells b. Update on Design and Cost Estimate 5. Contract for Engineering Services - Crystal Pump Station Emergency Generator Design and Construction (Mathisen) 6. Contract with PureTech SmartBall Testing of 36" Pipeline (Mathisen) 7. Update on County Road 9 and JWC Pipeline Project (Mathisen) 8. January 9, 2014 Tri -City Council Meeting Agenda 9. Other Business a. Rescheduling January 1, 2014 JWC Meeting 10. Adjournment This document is available in alternate formats upon a 72 -hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of November 6, 2013 The Golden Valley — Crystal — New Hope Joint Water Commission meeting was called to order at 1:32 p.m. in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Kirk McDonald, City Manager, New Hope Anne Norris, City Manager, Crystal Staff Present Tom Mathisen, City Engineer, Crystal Randy Kloepper, Utilities Superintendent, Crystal Bob Paschke, Director of Public Works, New Hope Sue Virnig, Finance Director, Golden Valley Jeannine Clancy, Director of Public Works, Golden Valley Jeff Oliver, City Engineer, Golden Valley Bert Tracy, Public Works Utility Manager, Golden Valley Kelley Janes, Utilities Supervisor, Golden Valley ..,. Mitch Hoeft, Utility Engineer, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Others Present Scott Harder, Environmental Financial Group, Inc. Bernie Bullert, Director of Water Treatment and Dij&ution Services, City of Minneapolis Glen Gerads, Assistant Director of Water- Lent Distribution Services, City of Minneapolis Minutes of October 2, 2013 Meeting MOVED by Norris and seconded by McDonald to approve the minutes of the October 2, 2013 meeting as presented. Motion carried. Amendment to Minneapolis Water Agreement The JWC engaged the services of Scott Harder, EFG, Inc., to work with the City of Minneapolis on the water rate study. Minneapolis hired HDR to take a critical look at the rate study process and what determined the costs to its customers. This current process will result in more transparency, consistency, and demonstrates to Minneapolis customers what they are paying for. Key areas addressed in the amendment include: 1. 2014 water rate will be $1.97/100 cubic feet. This amount is pending approval by the Minneapolis City Council. 2. A revised definition of "Minneapolis Inside City Residential Rate" was replaced in the new amendment. 3. The interval schedule for cost of service studies will change from 5 years to 3 years. 2015 will be the next cost of service cycle affecting rates starting in 2017; in 2018, affecting rates in 2020; and the last cycle will run to the end of the contract. I:\Joint Water Commission\JWC Minutes\2013 JWC Minutes\11-06-13 JWC Minutes.doc Joint Water Commission November 6, 2013 Page 2 of 4 4. Both Minneapolis and the JWC are beginning to develop emergency backup groundwater supply systems. Text was added to the amendment clarifying how the groundwater supply costs will be identified and apportioned resulting in a more equitable and transparent allocation of costs and assurance that the JWC will not be paying for two systems. Bullert added drilling wells is 10 years out because the Minneapolis City Council will not approve drilling right away. 5. The agreement reconfirms both parties will keep the service off peak as much as possible. Peak hours are from 9 am to 9 pm. In the event Minneapolis has an interruption of service, Minneapolis may ask the JWC to draw water from its emergency backup supply during an emergency in Minneapolis. The emergency would be a "true" emergency and not used to manage water quality issues such as temperature or hardness control, etc. MOVED by McDonald and seconded by Norris to direct the JWC Chair to approve the amendment to the Minneapolis Water Purchase Agreement. Motion carried. The commissioners will present to their city councils for information only. Update on Emergency Backup Water Supply Plan The work is focused on locating well sites, meeting with the Minnesota Department of Health and talking to property owners regarding easements. As stated in the feasibility study prepared by Barr Engineering Co., the estimated cost for the wells will be about $4.5 million. Request for proposals were distributed to five consultants and TAC requested Bolton & Menk, Inc. be awarded the contract. An updated 80% design cost estimate will be completed by November 25, but the three cities financial directors can use the $4.5 million knowing that amount will change when the new cost comes in. Burt added the JWC has a lot of projects that need to be completed and asked where the wells will fit in the prioritization process (i.e., faulty pipe may be more important than drilling the wells). Clancy added that looking at the County Road 9 project and what the JWC is committed to, there is about one mile of the JWC 36 -inch water transmission line from Minneapolis that is programmed to be replaced at a 72.5%JWC/27.52` Hennepin County cost share. The estimated total for JWC will be $1,260,733. The JWC has $1,300,000 budgeted which includes replacing the meter vault at York Avenue. Discussion followed regarding the infrastructure and evaluating its integrity. Burt wants the TAC to review the entire CIP and consider drilling the wells in sections. Bolton & Menk, Inc. submitted a professional services agreement in the amount of $128,035. The work scope approach proposed is a two-phase approach. Phase I is the design and bidding ($77,805) and Phase II is providing construction services ($50,230). MOVED by Norris and seconded by McDonald to approve the professional services agreement with Bolton & Menk, Inc. in the amount of $128,035. Motion carried. I:\Joint Water Commission\JWC Minutes\2013 JWC Minutes\11-06-13 JWC Minutes.doc Joint Water Commission November 6, 2013 Page 3 of 4 The TAC will review and update the CIP to coordinate with the County Road 9 project, drilling wells and the Crystal emergency generator. The TAC will report back to the JWC at the December meeting an amended CIP. Update on Crystal Pump Station Emergency Generator and Costs Crystal is continuing to work toward the purchase of a generator from Cat Ziegler. Xcel Energy meter records indicates an 800 kW generator will be able to handle the three 300 ph pumps. The estimated cost is $500,000 and will be brought back to the Commission for financing and approval at the December meeting. Update on Crystal Reservoir Fill from System Project Crystal is looking at removing #5 pump and installing a butterfly valve that would allow backfilling the Crystal reservoir during off hours through that pump column. The flows would not affect the Golden Valley system. Total cost is about $15,000 to remove pump and install the valve. The pump has been recently rebuilt and should not require a total rebuild. Mathisen will be ordering some parts for the project after the first of the year. Approve Leak Detection Study of 36 -Inch Pipeline as Part of County Road 9 Project Pure Technologies submitted a budgetary proposal to provide an internal SmartBall inspection for a lump sum cost of $53,300. MOVED by Norris and seconded by McDonald to approve the proposal with Pure Technologies to provide a pipeline inspection as part of the County Road 9 project in the amount not to exceed $53,300. Motion carried. Mathisen will prepare a contract document with Pure Technologies for the project. System Evaluation Due to Pendine County Road Proiects Mathisen reported that he will not be getting back to Smart technology because it has some limitations. December 4, 2013 Tri -City Council Meeting The JWC decided to postpone the December 4 Tri -City Council meeting to allow the TAC to meet and evaluate the CIP and for the three cities' finance directors to develop the finance plan for the emergency backup water supply. The meeting will be rescheduled for early January 2014. Clancy will contact Bonnie Morey, SEH, Inc., to see if she is available to facilitate the meeting. Other Business The New Hope City Council approved the contract amount of $49,355 to Dave Perkins Contracting, Inc. for the replacement of one 18 -inch water valve at the intersection of Boone and 54th avenues. MOVED by Norris and seconded by Burt to approve the reimbursement amount of $49,355 to the City of New Hope for the repair of the 18 -inch water valve at the intersection of Boone and 54th avenues in the City of New Hope. Motion carried. I:\Joint Water Commission\JWC Minutes\2013 JWC Minutes\11-06-13 JWC Minutes.doc Joint Water Commission November 6, 2013 Page 4 of 4 Next Meetine The next scheduled meeting is December 4, 2013 at 1:30 pm. Adiournment Chair Burt adjourned the meeting at 3:12 p.m. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary I:\Joint Water Commission\JWC Minutes\2013 JWC Minutes\11-06-13 JWC Minutes.doc AGREEMENT FOR PROFESSIONAL SERVICES JOINT WATER COMMISSION, MINNESOTA and EDI, Limited, Minnesota (ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF EMERGENCY BACKUP GENERATOR — CRYSTAL PUMP STATION) This Agreement, made this 4th day of December, 2013, by and between JOINT WATER COMMISSION, 7800 Golden Valley Road, Golden Valley, MN 55427-4588, hereinafter referred to as JWC, and EDI, Limited, 1112 N. 5th St., Mpls, MN 55411, hereinafter referred to as CONTRACTOR. SECTION I — CONTRACTOR'S SERVICES A. The CONTRACTOR shall undertake the work described in the attached documents, listed below, which are incorporated herein by reference, and in the indicated Exhibits. 1. Exhibit I — JWC Request for Proposal (RFP) 2. Exhibit II — EDI Proposal for Engineering Services Nov 11 2013 3. Exhibit III — EDI Hourly Rates B. Upon mutual agreement of the parties, Additional Services may be authorized as described in Paragraph IV.13. SECTION II - THE JWC'S RESPONSIBILITIES C. The JWC shall promptly compensate the CONTRACTOR in accordance with Section III of this Agreement. D. The JWC will give prompt notice to the CONTRACTOR whenever the JWC observes or otherwise becomes aware of any defect in the project. E. The JWC designated liaison to act as the JWC'S representative with respect to services to be rendered under this Agreement shall be the Crystal City Engineer. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the JWC'S policies with respect to the project and CONTRACTOR'S services. F. The JWC will obtain any and all regulatory permits required for the proper and legal execution of the project. JWC shall indemnify, defend, and hold harmless CONTRACTOR and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by JWC'S employees, agents, or consultants. In no event shall CONTRACTOR be liable to JWC for consequential, incidental, indirect, special, or punitive damages. 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 JWC or the CONTRACTOR. The CONTRACTOR'S services under this Agreement are being performed solely for the JWC'S benefit, and no other entity shall have any claim against the CONTRACTOR because of this Agreement or the performance or nonperformance of services provided hereunder. The JWC agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. D. INSURANCE The CONTRACTOR agrees to maintain, at the CONTRACTOR'S expense, statutory worker's compensation coverage. The CONTRACTOR also agrees to maintain, at CONTRACTOR'S expense, general liability insurance coverage insuring CONTRACTOR against claims for bodily injury, death or property damage arising out of CONTRACTOR'S general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $2,000,000 General Aggregate. During the period of project execution, the CONTRACTOR also agrees to maintain, at CONTRACTOR'S expense, Professional Liability Insurance coverage insuring CONTRACTOR against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this agreement. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $2,000,000 and annual aggregate of $2,000,000 on a claims -made basis. CONTRACTOR shall provide JWC with certificates of insurance, showing evidence of required coverages. E. PERIOD OF AGREEMENT This Agreement will remain in effect for the longer of a period of two years or such other explicitly identified completion period, after which time the Agreement may be extended upon mutual agreement of both parties. All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONTRACTOR under this Agreement or the termination of this Agreement for any reason. L. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon JWC and CONTRACTOR, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. SECTION V — SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. JWC: Joint Water Commission CONTRACTOR: EDI, Limited By: By: Its: Its: 7itto%�,�1 I:pubworks/projects/2013/2013-29 JWC Crystal Pump Station Generator/EDI Contract £tI ICj IrlCa;r11?(� 111itiolive November 11, 2013 Mr, Thomas A. Mathisen City of Crystal City Engineer 4141 Douglas Drive N. Crystal, MN 55422 Re: Proposal for Engineering Services Crystal and Golden Valley Water Pump Stations - Electrical Power Generation Project Crystal and Golden Valley, Minnesota Dear Mr. Mathisen; On behalf of Engineering Design Initiative (EDI) I thank you for the opportunity to submit this proposal for the above listed project. It is my understanding from the RFP that the engineering services provided shall include engineering drawings and specifications for contractor quotes and installation of a new generator and switchgear at Crystal and Golden Valley drinking water pump station. Based upon the above listed scope of work, edi proposes the following professional services. Scope of Basic Services: A. Pre design: • Meetings with Owner to evaluate power generation needs. • Research and select appropriate generating and control equipment. • Review transfer switch/service entrance/main breaker for space and performance. B. Construction Documents: • Field visits to document existing conditions. • Design team coordination meetings as needed. • Engineering Calculations for sizing generators and transfer equipment Design of switchgear • Prepare plans and specifications for Contractor Bidding. • Certify Engineering Documents C Bidding Services: • Provide assistance to the Crystal Engineering Department in evaluating contractor proposals. D Construction Administration • Provide inspection services as required during the course of the project • Shop Drawing Review • Site Review and Punch List + Provide assistance in startup services. Startup services shall be provided by the approved power generation equipment manufacturer. '1;2 no; lh 5'' S11430n'±itutiacrt'�oli mn :3..:1 t'�Itone 6 3.13 Jqe"" • fox 012.3.. www,edilimitecl.com II. Professional Fee: A. Our proposed fee for the basic services shall be lump sum fee of $12,500 plus reimbursable expenses payable monthly upon presentation of invoice. This proposal encompasses the scope of work identified in section I and includes all consultants. B. Billing/Payment: The client agrees to pay EDI for all services performed and all costs incurred. Invoices for EDI's services shall be submitted, at FDI's option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable within thirty days. Account unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. III. Reimbursable Expenses: • Reimbursable Expenses are in addition to the fees for Basic Services listed in Section I. • Reimbursable charges will be invoiced at actual cost times a multiplier of 1.10. • Express delivery service or postage Mileage and other such travel expenses. • Reproduction of drawings and specifications. I hope you find this Proposal acceptable and we look forward to working with you on this project. If you have any questions, please feel free to contact me. Sincerely, Engineering Design Initiative Jay S. Hruby, P President engineering design initiotive 111'7 north 5r', sifeet • minneopolis, mn 55411 , phone; 612.3,1 ..1965 • fax i.02,341%412 www.edilirnited.com �. AGREEMENT Between Joint Water Commission And PURE TECHNOLOGIES U.S., INC. THIS AGREEMENT for professional services is entered into as of this 4�' day of December, 2013, between the Joint Water Commission ("Client"), a joint powers agreement between the cities of Crystal, Golden Valley, and New Hope of the State of MN and PURE TECHNOLOGIES U.S., INC. ("Consultant"), 8920 State Route 108, Suite B, Columbia, MD, 21045, through its duly authorized officer. RECITALS: 1. The Client desires the inspection of a 36" PCCP concrete pipeline identified in the Scope of Work described in Exhibit "A" attached hereto and forming part of this agreement. 2. Consultant has proposed by its submittal dated October 29, 2013, to provide such professional services to the Client. 3. The Client finds Consultant's Proposal acceptable and desires to hire Consultant to furnish such services under the terms, conditions and provisions contained in this Agreement. In consideration of the foregoing, the payments and the mutual promises contained in this Agreement, the parties agree as follows: SECTION I. DEFINITIONS A. "Client" means the Joint Water Commission (JWC). B. "Consultant" means Pure Technologies U.S., Inc. C. "Project" means all services to be performed by Consultant under this Agreement. December 3, 2013 Pure Technologies U.S. Inc. Page A-1 SECTION II. SERVICES OF CONSULTANT A. General By execution of this Agreement, the Client and Consultant agree to be bound by this Agreement and the Consultant's Budgetary Proposal dated October 29, 2013 (Exhibit "A"). Consultant further agrees to provide to the Client all services necessary and required for the proper completion of the Project, including those identified in Exhibit"B" SmartBall Inspection Planning Document dated November 26, 2013. Both Exhibits are attached to this Agreement and are made a part hereof as if fully rewritten herein, except as changed or modified by any provisions of this Agreement. B. Scone of Work Consultant shall perform comprehensive SmartBall Leak Detection services necessary and required for all necessary for the inspection of a 36" PCCP pipeline, required and reasonably implied tasks described in Exhibits "A & B". The Work shall not be considered to be completed until each authorized task has been fully performed by Consultant and all deliverables have been delivered to, reviewed and approved by the Client. C. Term Consultant shall not perform any Work hereunder until receipt of Notice to Proceed from the Director of Public Works, City of Crystal. The term of this Agreement shall begin upon commencement of performance hereunder and shall, unless extended by the Client or unless sooner canceled or terminated pursuant to the provisions hereof, expire two years thereafter. D. Schedule The completion of authorized tasks in a timely manner is essential. Consultant shall perform all Work and submit all deliverables required by this Agreement within the times agreed to with each released task. E. Standard of Care 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 used by members of Consultant's profession practicing under similar conditions at the same time and in the same locality. F. Personnel Changes December 3, 2013 Pure Technologies U.S. Inc. Page A-2 No changes, substitutions, or replacements to personnel, their assignments or classifications shall be made without prior review and written approval by the Client. The Client expects no change to the staffing of the position of Contract Manager at any time during this Project. SECTION III. ASSISTANCE OF THE CLIENT The Client shall assist Consultant to the extent possible as necessary during the term of this Agreement. The Client shall provide access to and copies of all known documents related to the Project at no cost to Consultant. Consultant shall use reasonable professional judgment and practices to screen and verify for accuracy of any documents or information provided to Consultant by the Client. The Consultant shall immediately bring to the attention of the Client any discrepancies, problems, or concerns discovered during the reasonable investigation. The Client shall resolve any identified problems or concerns. SECTION IV. PAYMENTS A. Amount 1. The Client shall pay Consultant for the accomplishment of all Work required hereunder an amount not to exceed $ 53,300. B. Reimbursable Expenses Reimbursable expenses are not in addition to, but are included in the total compensation stated in Article IV, paragraph A, to be paid to Consultant. Consultant shall be compensated for out-of-pocket, reimbursable expenses incurred in the furtherance of the Work only authorization by the Client in writing. C. Additional Services If Consultant performs additional services which are not required by this Agreement, the Client shall not be obligated to pay for such services until the following conditions have been satisfied: 1. Submittal by Consultant to the Director of written notice prior to the initiation of such additional services, including an estimate of cost (labor and reimbursables) and schedule implications and a detailed description of such services; 2. Prior approval of the Client's Board of Control of the modification of the within Agreement by the addition of such services and additional compensation, if any; December 3, 2013 Pure Technologies U.S. Inc. Page A-3 3. If the additional services increase the total compensation under this Agreement, certification of such additional cost is required by the Client's Department of Finance; 4. A written modification to the within Agreement; and 5. Written notification to Consultant from the Director directing the Consultant to perform such additional services prior to commencement of the additional services. D. Payment 1. The Client shall pay the Consultant after submission to and review by the Client and approval by the Director of a lump sum verified invoice. If the invoice is not acceptable, the Client shall pay any portion of the invoice not questioned nor in dispute and will return the invoice to Consultant and inform Consultant as to the corrective actions necessary, if any, to qualify the remainder of the invoice for approval. 2. Payments shall be made upon approval by Director of an itemized billing. E. Invoices Consultant shall submit one lump sum invoice. The invoice shall be delivered to the Client within thirty (30) calendar days after the month for which Consultant's services are being billed. F. Acceptance No approval given or payment made under this Agreement shall be conclusive evidence of the acceptance of performance under this Agreement either wholly or partially, and no payment made hereunder shall be construed to be an acceptance of deficient or unsatisfactory work. G. Delay or Suspension of Services If the progress of the services to be performed hereunder is delayed in whole or in part, the extent of the services herein required may be altered in such manner as may, in the opinion of the Director, be reasonable, but no additional compensation shall be allowed Consultant because of any delay in completion of such services. December 3, 2013 Pure Technologies U.S. Inc. Page A-4 SECTION V. TERMINATION This agreement may be canceled or terminated with or without cause by either party by giving thirty (30) days written notice to the other party. The Client will be responsible for payment on any services received up until the termination date. SECTION VI. ASSIGNMENT PROHIBITED; SUBCONSULTANTS Consultant may not assign, transfer, convey, sell or pledge its rights or interest in this Agreement or any part thereof, or any right or privilege created hereunder, nor shall any Subconsultant commence performance of any part of the services included in this Agreement, without first obtaining written consent of the Client, as expressed by resolution of its Board of Control. Upon any attempt by Consultant to do otherwise, this Agreement shall immediately terminate. Subcontracting, if permitted, shall not relieve Consultant of any of its obligations under this Agreement. If approval is given, the terms and conditions of this Agreement shall apply to and bind the party or parties to whom the Agreement is assigned, sublet, or transferred, as fully and completely as Consultant is bound under this Agreement. The following firms have been previously approved as Subconsultants under this Agreement: None Consultant shall be and remain solely responsible to the Client for the acts or faults of any Subconsultant and of such Subconsultant's officers, agents and employees, each of whom for this purpose is deemed to be an agent or employee of Consultant to the extent of its subcontract. As a prior condition to approval of a Subconsultant, Consultant shall file a conformed copy of the applicable subcontract with the Client. SECTION VIL RIGHT TO INSPECT; RIGHT TO AUDIT BOOKS Any authorized representative of the Client shall, at all reasonable times and with reasonable notice, have the right to inspect and examine the drawings, specifications and other contract documents at Consultant's office during the period of their preparation. Further, any authorized representative of the Client shall, at all reasonable times and with reasonable notice, have the right to audit, inspect and examine the Consultant's accounting books and financial records for the Project, including, but not limited to, records of hours expended, personnel utilized, payments of employee salaries and benefits, and records of payments made to Subconsultants. SECTION VIII. INDEMNITY December 3, 2013 Pure Technologies U.S. Inc. Page A-5 To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the Client, their officers, agents and employees against all losses, damages, expenses, suits, claims, demands, fines, penalties, awards, liabilities and costs, including reasonable attorneys fees, to the extent that the liability, or the underlying harm causing the liability, is attributable to, may arise out of or be based upon, any negligent error or omission in any drawings or specifications, other documents or Consultant's negligent performance under this Agreement, including any damages or claims arising out of any breach of or failure to observe or to perform any covenants, agreements or warranties made by Consultant under this Agreement, including injury or death or damage to person or property; negligent or otherwise wrongful act, error or omission of Consultant, its principals, employees and subcontractors. Section VIII, Indemnity and Section IX, Insurance Requirement shall survive the completion of the Work to be performed hereunder and the termination of this Agreement. SECTION IX. INSURANCE REQUIREMENT Consultant and each of its Subconsultants shall, at their expense and at all times during the performance of services hereunder, maintain comprehensive general and professional liability insurance insuring themselves against the indemnification obligations undertaken in Article VIII, Indemnity above. Consultant shall require its Subconsultants to obtain insurance and shall be responsible for enforcement of its Subconsultant's obligation to obtain insurance to satisfy the requirements hereunder. The policies shall be with companies authorized to do business in Minnesota and rated "A" or above by A.M. Best Company or equivalent. The comprehensive general liability insurance policy shall: be occurrence type; name the Client as an additional insured; have limits of not less than Two Million Dollars ($2,000,000.00) for any one incident; have a .,per project" endorsement; and be primary with respect to Consultant's general liability, notwithstanding any other insurance covering the Client for claims arising from Consultant's negligence. Consultant's insurance policy shall include valuable papers coverage in the amount of One Hundred Thousand Dollars ($100,000.00). The professional liability insurance shall have limits of not less than Five Million Dollars ($5,000,000.00) for any one incident, and if not written on an occurrence basis, shall be maintained for a period of not less than two (2) years following the completion of the Work. C. Certificate of Insurance Upon execution of this Agreement Consultant shall submit to the Client a certificate(s) of insurance with respect to such policy or policies. Such certificate(s) shall contain the notification provision set forth in paragraph A above. If the additional insured endorsement required above is not available at the Agreement execution date, Consultant shall submit to the Client a notation of the endorsement together with either a Binder or December 3, 2013 Pure Technologies U.S. Inc. Page A-6 an Advice of Insurance with respect to such endorsement. Consultant shall also provide a copy of the endorsement naming the Client as an additional insured under Consultant's comprehensive general liability coverage. The endorsement shall be submitted no later than thirty (30) days after the execution date hereof. D. Policy The policy or policies, certificate(s), Binder or Advice required in paragraphs B and C above shall, as to form, coverage and carrier, be satisfactory to the Director of Law. If at any time, the coverage or carrier on any policy shall become unsatisfactory to the Director of Law, Consultant shall, forthwith, provide a new policy meeting the requirements of the Director of Law, if commercially available. E. No Limit of Liability The limits of insurance specified above shall in no way constitute the upper limits of liability for which Consultant is responsible under Article VIII, Indemnity above. SECTION X. NOTICE AND PAYMENTS All notices which may be proper or necessary to be serviced and payment to be made hereunder shall be sent by regular mail, postage prepaid, to the following addressees or to such other address as either party may hereafter designate for such purpose. To the Client: Thomas Mathisen City of Crystal 4141 Douglas Drive N., Crystal, MN 554222 To Consultant: Pure Technologies U.S., Inc. 8920 State Route 108, Suite B Columbia, MD, 21045 SECTION XI. DOCUMENTS All reports, drawings, documents and other deliverables of Consultant, whether in hard copy or electronic form, are instruments of service of the Work, whether the Work is completed or not. Reuse on another project, or changes or alterations by the Client or by others acting through or on behalf of the Client of any such instruments of service without the written permission of the consultant, will be at the Client's sole risk. December 3, 2013 Pure Technologies U.S. Inc. Page A-7 SECTION XII. MISCELLANEOUS A. Consultant agrees that no representation or warranties of any type shall be binding upon the Client unless expressly authorized in writing herein. B. Nothing contained in this Agreement shall be deemed to constitute the Client and Consultant as partners in a partnership or joint venture for any purpose whatsoever. C. All terms and words used in this Agreement, regardless of the number and gender in which they are used, shall be deemed and construed to include any other number singular or plural, and any other gender, masculine, feminine or neuter, as the context or sense of this Agreement or any paragraph or clause herein may require, the same as if such words have been fully and properly written in the number and gender. D. The headings of sections and paragraphs, if any, to the extent used herein are used for reference only, and in no way define, limit or describe the scope or intent of any provision hereof. E. In the event that any term(s) or provision(s) of this Agreement shall be held invalid, illegal or unenforceable, for any reason, by any court of competent jurisdiction, such invalidity, illegality or unenforceability should not affect any other term or provision hereof and this Agreement shall be interpreted and construed as if such term(s) or provision(s) had never been contained herein, to the extent the same has been held to be invalid, illegal or unenforceable. F. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed an original, but such counterparts together shall constitute but one and the same instrument. G. In the event of a conflict between provisions among this Agreement and its exhibits, these documents shall be given priority in the following order: (1) the main body of this Agreement; (2) the exhibits to this Agreement other than the Client's RFP and Consultant's Proposal; (3) the Client's RFP; and (4) Consultant's Proposal. The following documents attached hereto are hereby incorporated with and made a part of this Agreement: 1. Exhibit "A" - Consultant's Consultants Budgetary Proposal 2. Exhibit `B" — SmartBall Inspection Planning Document December 3, 2013 Pure Technologies U.S. Inc. Page A-8 IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date and year first above written. Chair, Joint Water Commission PURE TECHNOLOGIES U.S., INC. By: Michael J. Livermore Title: Midwest Regional Manager December 3, 2013 Pure Technologies U.S. Inc. Page A-9 CITY of CRYSTAL JOINT CITY COUNCIL WORK SESSION (Crystal, Golden Valley, and New Hope City Councils) AGENDA SUMMARY JANUARY 9, 2014 6:30 P.M. City of Golden Valley (Council Chambers) 7800 Golden Valley Road Open for public observation Light refreshments will be provided 1. Call to Order 2. Introductions 3. Attendance (list of attendees on back of agenda) 4. Emergency Water Supply Plan 5. Crystal Pump Station Emergency Generator 6. Other Business 7. Adjournment Participants may include the following: CRYSTAL COUNCIL: Jim Adams, Mayor Laura Libby, Council Member Julie Deshler, Council Member Joe Selton, Council Member Mark Hoffmann, Council Member John Budziszewski, Council Member Casey Peak, Council Member CRYSTAL STAFF: Anne Norris, City Manager Tom Mathisen, Director of Public Works Randy Kloepper, Water Superintendent NEW HOPE COUNCIL: Kathi Hemken, Mayor John Elder, Council Member Eric Lammle, Council Member Dan Stauner, Council Member Andy Hoffe, Council Member NEW HOPE STAFF: Kirk McDonald, City Manager Bob Paschke, Director of Public Works GOLDEN VALLEY COUNCIL: Shep Harris, Mayor Steve Schmidgall, Council Member Joanie Clausen, Council Member Larry Fonnest, Council Member Andy Snope, Council Member GOLDEN VALLEY STAFF: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Sue Virnig, Finance Director Bert Tracy, Public Works Maintenance Manager Kelley Janes, Utilities Supervisor Pat Schutrop, Recording Secretary OTHERS: Steve Nelson, Bolton & Menk, Inc.