08-17-2015 Meeting Sewer and Wastewater activity report
July 2015
• We began doing sludge testing at the septic tanks in the Bliss. We are also doing locates
to determine which tanks need to be pumped and located. Some of the manholes are
landscaped over.
• Performing daily monitoring of pumps to keep track of run time and pump efficiency.
• Drain fields were tested and samples are taken.These samples are than sent to a test
facility. Ground water is measured and recorded. There were 5 ground water samples
taken throughout the city. Another 10 samples of septic sewer water were collected and
taken to Pace Analytical for testing. Once Scandia gets the results back, we fill out a
Discharge Monitoring Report (DMR). In turn, is sent to the state and county to continue
our operation permit.This has been completed.
• Kristina and I have been working closely this last month with Automatic systems.This is
the company that installed our new SCADA system in the Anderson/Erickson monitoring
telemetry. It looks as though we will finally get the system app put into our smart phone
and laptop to help in a better response time to problem situations. We will also finally
get the manuals to the new system that we have been waiting for.
• We have also been working with Eco-Check(Natural Systems Utilities) on a proposal for
them to take over the monitoring of the Cities 3 systems. City council suggested we
make a comparison.
• Had 2 separate incidents with septic tanks this last month. Pumping was needed to
determine that discharge pipes had separated from the pumps or just completely fell
off. Local contractors were able to fix the problems within days.
• According to our daily monitoring, all pumps and activities have been running normal.
• In the first part of August, we have been doing our normal monitoring and we continue
to perform sludge tests for this quarter.
Thankyou
Dave Williams
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Staff Report
Date of Meeting: August 17, 20l 5
To: Wastewater Advisory Committee
From: Kristina Handt, City Administrator
Re: Natural Systems Utilities(EcoCheck) Proposals
Background:
In 2012 the City had to take over the operation and maintenance of the 201 Wastewater System
and the Uptown System from Washington County due to the need to segregate permitting and
maintenance activities to provide for some oversight. At the time, the City decided to contract
with Natural Systems Utilities (EcoCheck) for a period of two years to allow time for staff to get
proper training and licensing. Contracting for monthly services on the A/E and Uptown Systems
ended July 2014 and on Bliss System in December 2014.
At the July 20, 2015 Wastewater meeting staff was asked to look back into the possibility of
contracting with EcoCheck instead of having in house staff complete the work.
Issue:
Should the Wastewater Advisory Committee recommend contracting with Natural Systems
Utilities (NSU) for maintenance and operation activities?
Proposal Details:
NSU services are listed in the contract for each system. The chart below compares the services
from NSU and those performed by City staff for Anderson/Erickson and Uptown. Contract
excludes STEP system annual inspections, septic tank pumping costs, repairs and emergency
service calls are in addition to contract price.
Task/Service NSU City
Site visit to facility Twice a month Daily rounds, M-F
Analytical monitoring Per permit Per permit
Coordinate with lab Yes Yes
Correspondence on items Monthly NA
Pump times, event counts and Amp draws-monthly
amp draws Pump times-Daily
Event time-Uptown drainfield
only on daily reading
Drawdown tests to calibrate Bliss/AE biannually
flows
Confirm equip functional Twice/month Daily rounds M-F
Maintain records of trench and Monthly Ongoing
ponding
Measure sludge (or implement Biannually Have schedule for Uptown-
schedule for Uptown) biannually
Note maintenance activities Twice/month Keep daily and monthly
required and maintain log
book
Implement winterizing plan Insulate anels
Operational control Periodic
monitoring prior to equip
adjust
Place competitive bids for Local Contractors
pumping contract
The duties are slightly different for the Bliss System.
Task/Service NSU City
Site visit to facility Twice a month Daily rounds, M-F
Analytical monitoring Per permit Per permit
Coordinate with lab Yes Yes
Complete and Submit DMR Monthly Monthly
Correspondence on items Monthly NA
Pump times, event counts and Amp draws-monthly
amp draws Pump times-daily
Drawdown tests to calibrate Biannually April, Oct
flows
Confirm equip functional Twice/month Daily rounds M-F
Flushing of sand filter dosing Twice a year
piping and filter cleaning
Maintain records of trench and Monthly Ongoing
ponding
Measure sludge Biannually Biannually
Note maintenance activities Twice/month Ongoing record activities and
required and maintain log file
book
lmplement winterizing plan Insulate panel
Operational control Periodic
monitoring prior to equip
adjust
Place competitive bids for Local contractors
pumping contract
Included in your packet you also have a memo from Director Williams describing the
maintenance activities completed by staff. I've included a letter from a resident about a service
concern in 2013. Also, is a listing of after-hours calls for the last couple years. Williams
estimates there are 15-20 events per year such as septic tanks needing fixing, high level alarms,
etc that occur both during regular business hours that our guys take care of and after-hours.
Fiscal Impact:
i've included revised budgets for both the 201 and Uptown Systems. The first sheet is the cost if
the maintenance is not contracted out and the second includes contracting with NSU. The prices
quoted in the contracts include a CPI increase effective January 1, 2016. I've estimated a 2%
increase for this. I've also included the same amount of funding for after-hours emergencies or
additional work in both cases ($Sk for 201 and $1 k for Uptown). Staff time has been reduced
under the contracting scenario to only include 5% ofi the Director's time for the 201 system and
2.5% for Uptown. Admin and Treasurer allocations remain the same as these tasks are not
impacted by the decision to contract. Lastly, training costs have been reduced but not eliminated
for 2016 as it is expected the Director would still complete required training.
If the City contracted with NSU, the 201 budget would see a projected reduction in expenses of
about $4,000 far 2016. The Uptown System would see a projected increase of about $1,200.
Options:
1) Recommend to the City Council to contract with NSU
2) Continue with City staff for maintenance and operations
2016 Draft Budget
201 SEWER PROJECT(FUND 602)EXPENSE
2012 2013 2014 2015 6/30/2015 2015 2016 Change
Actual Actual Actual Proposed Year-to-Date Estimated Proposed '15-'16
Account Description Expenses Expenses Expenses Budget Expdts Expdtrs Budget Budget Notes:
Personnel Services
101 Regular Wages&Salaries 3,670 17,002 28,715 8,698 20,000 16,830
121 PERA Coord.Employer Contribution 241 1,233 2,154 597 1,500 1,262
122 FICAEmployerContribution 211 1,035 1,780 520 1,240 1,043
126 MEDICARE Employer Contribution 49 242 416 122 290 244
151 Workers Comp Insurance Premium 121 1 318 1 318 1,439
Total Personnel Services 4,171 19,633 33,065 11,255 24,348 20,818 -37.04%
Materials&Supplies
200 O�ce Supplies 148 62 75 75 75
210 Operating Supplies&Equipment 900 248 1,808 250 256 500 500
240 Small Tools&Minor Equipment 4 728 764 456 1 000 500
Total Materials&Supplies 5 776 310 2 572 325 712 1,575 1,075 23077°/
Contractual Services
303 Engineering Services 24,447 2641 3,065 1,000
304 Legal Services 1,238
308 Other Professional Services 1825 2,419 1,143 1,500 1,500
309 Software Support&Maintenance 596 765 689 689
311 Contractual Permit Fees 705
317 Employee Training 956 1,341 2,100 349 2,100 2,100
319 Other Services
321 Telephone 1,025 2,504 1,354 1,536 671 1,500 1,545
322 Postage 196 196 196 200
334 License&Permits 505 1,240 1,000 705 705 705
353 Sales Tax 4�2
361 Liability/Property Insurance 1,638 1,111 952 976 726 950 1,045
381 Utilities 1,637 1,691 2,000 1,957 785 1,750 1,803
385 Sewer Pumping 6,444 4,919 10,851 6,500 330 6,500 6,500
386 Operation&Maintenance 45,757 14,119 8,893 5,000 365 5,000 5,000
404 Machinery&Equipment Repair 5,315 16,932 24,160 5,000 2,177 5,000 5,000
414 Equipment Rental 250 250 250
438 Misc Contractual 5,485 2,886 2,500 336 2,500 2,500
Total Contractual Services 88,006 52,595 60,658 28,780 7,587 28,640 28,837 020%
Capital Outlays
530 Capital Improvements other than Bldgs 4,914 105,000
550 Motor Vehicles Capital
570 Office Equipment Z 868
Total Capital Outlays 2 868 4,914 105,000 #DIV/0!
Transfers
710 Residual Equity Transfers
720 O eratin Transfers 2,825 2,9�2
Total Transfers 2,825 2,9�2
Total 201 Sewer Project(602) 99 475 60 048 82 863 62 170 24,468 159,563 50,730 -18.40%
Notes:
1 of 1 201 SEWER 2:01 PM 8/11/2015
2016 Draft Budget
201 SEWER PROJECT(FUND 602)EXPENSE w/Natural Systems Utilities
2012 2013 2014 2015 6/30/2015 2015 2016 Change
Actual Actual Actual Proposed Year-to-Date Estimated Proposed '15-'16
Account Description Expenses Expenses Expenses Budget Expdts Expdtrs Budget Budget Notes:
Personnel Services
101 Regular Wages&Salaries 3,670 17,002 28,715 8,698 20,000 3,966
121 PERA Coord.Employer Contribution 241 1,233 2,154 597 1,500 297
122 FICAEmployerContribution 211 1,035 1,780 520 1,240 246
126 MEDICARE Employer Contribution 49 242 416 122 290 58
151 Workers Comp Insurance Premium 121 1,318 1,318 1,439
Total Personnel Services 4,171 19,633 33,065 11,255 24,348 6,006 -81.84%
Materials&Supplies
200 Office Supplies 148 62 75 75 75
210 Operating Supplies&Equipment 900 248 1,808 250 256 500 500
240 Small Tools&Minor Equipment 4 728 764 456 1 000 500
Total Materials&Supplies 5 776 310 2 572 325 712 1 575 1,075 230.77%
Contractual Services
303 Engineering Services 24,447 2641 3,065 1,000
304 Legal Services 1,238
308 Other Professional Services 1825 2,419 1,143 1,500 1,500
309 Software Support&Maintenance 596 765 689 689
311 Contractual Permit Fees 705
317 EmployeeTraining 956 1,341 2,100 349 2,100 1,050
319 Other Services
321 Telephone 1,025 2,504 1,354 1,536 671 1,500 1,545
322 Postage 196 196 196 200
334 License&Permits 505 1,240 1,000 705 705 705
353 Sales Tax 412
361 Liability/Property Insurance 1,638 1,111 952 976 726 950 1,045
381 Utilities 1,637 1,691 2,000 1,957 785 1,750 1,803
385 Sewer Pumping 6,444 4,919 10,851 6,500 330 6,500 6,500
386 Operation&Maintenance 45,757 14,119 8,893 5,000 365 5,000 16,812
404 Machinery&Equipment Repair 5,315 16,932 24,160 5,000 2,177 5,000 5,000
414 Equipment Rental 250 250 250
438 Misc Contractual 5,485 2,886 2,500 336 2,500 2,500
Total Contractual Services 88,006 52,595 60,658 28,780 7,587 28,640 39,599 37.59%
Capital Outlays
530 Capital Improvements other than Bldgs 4,914 105,000
550 Motor Vehicles Capital
570 Office Equipment 2 868
Total Capital Outlays 2 868 4,914 105,000 #DIV/0!
Transfers
710 Residuai Equity Transfers
720 Operating Transfers 2 825 2 972 _
Total Transfers 2,825 2.g�2
Total 201 Sewer Project(602) 99 475 60 048 82 863 62 170 24 466 159,563 46,679 -24.92°/
Notes:
Cost when Contracting w/EkoCheck 21,262
1 of 1 201 SEWER Ekocheck 2:02 PM 8/11/2015
To: Wastewater Committee
From: Director of Public Works, Dave Williams
Subject: Wastewater maintenance
Public Works performs either routine daily or monthly assignments on Scandia's wastewater system.
Some of the following job procedures are to maintain state requirements. We also maintain personal
data for our own records to insure proper functioning of the systems we have instilled within the
community. We have also been here in a personal capacity for emergency situations.
We perform daily pump reading at all the stations so as to calculate pump run times and gallons per day.
We monitor the lift stations for maintenance purposes if tanks and floats need to be cleaned of debris.
Pump maintenance or replacement for residential septic systems.Also upon inspections, it may be
necessary to locate and raise the manhole excess due to landscaping.
We also perform sludge tests to determine when a residential septic system needs to be pumped out.
Drain fields are tested quarter�y and samples are taken for any indication of biohazards.These samples
are than sent to a test facility. Ground water is also measured and recorded.The samples are sent to
Pace Analytical.The results are sent back to us and we fill out a Discharge Monitoring Report (DMR).
Which in turn, we send to the state and county to continue our operations permit.
We perform draw tests on the various pump motors within the system to determine the pumps strength
and longevity.
In closing, it's important to remember that there is a professional yet personal side to the work that we
perform here.The residents in their own little way rely on us to hoid watch over these activities, making
sure everything is working properly.The better the system runs,the more invisible we become.There is
no discretion as to when the alarm goes off. Our response is of importance. When there is a problem,
the residents turn to us to solve it. I like to think that there is a trust and professionalism that exists
Thank you
Dave Williams
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Date: October 22, 2013
Subject: Sewer Back-up at 18829 Layton Av. N.
I received a cal)from EcoCheck on Monday, October 14, 2013 at 2:22 PM regarding a sewer
back-up at 18829 Layton Av. N. The City offices were closed because of President's Day.
Therefore, I told EcoCheck to go and assess the situation. I received an e-mail at 5:39 PM
stating that the resident had called Roto Router before EcoCheck was able to assess the
problem.
Thursday, October 17 at 9:55 AM I received another e-mail from EcoCheck stating that they met
with the resident on Wednesday to follow up. EcoCheck recommended to camera the line to
make sure Roto Router didn't damage anything.
Tuesday, October 22 I met with the residents and was told that there was no water backing up
but that Roto Router was not able to clear the entire line. The residents also said that no one
had been there. I checked the septic tank and the water level appeared to be at the proper
level. I met with EcoCheck later that day to discuss the events. EcoCheck verified that they had
been to the residents on Wednesday, October 16. EcoCheck also stated,the hour between
receiving the message and calling the resident back,the resident had already called Roto
Router. At 5:15 PM I met with a contractor to camera the line. The building sewer line
appeared to be structurally sound with no roots visible anywhere around the pipe. The pipe
looked to be in great condition but the inlet baffle was missing.
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Tim Kieffer
Director of Public Works
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August 11,2015
Kristina Handt, City Administrator
14727 209th Street North
Scandia, MN 55073
RE: Proposal for Wastewater Operations of Scandia Anderson-Erickson Collector Facility
And Uptown Facility Operations
Dear Ms. Handt:
Natural Systems Utilities, MN (herein referred to as "NSU") is an award winning leader in providing water and
wastewater system operations and management for residential developments, commercial entities and small
communities and has a vast amount of experience operating facilities like the Anderson-Erickson Collector and the
Uptown Facilities. Currently we operate over 65 water and wastewater systems throughout the State of
Minnesota including 15 in Washington County.We are the most recognized company in Minnesota for compliance
of wastewater treatment systems, with 14 MPCA Wastewater Operations Awards received in 2014 and over 150
awards since 2002.
We understand you are looking for a licensed operator who is able to provide 24/7 emergency services with
reliability and accountability. NSU is capable of ineeting this need with four operators on staff who are cross
trained in managing dozens of different wastewater technologies.
NSU is submitting the following proposal for wastewater operation services for the Scandia Anderson-Erickson
Collector Facility and the Uptown Facility.
The existing Anderson-Erickson wastewater facility consists of STEP collection system, a main lift station and a
series of three gravity flow trenches for disposal. We understand that the lift station control panel has been
upgraded with telemetry.
Based on the Bolton & Menk Wastewater Masterplan,the existing wastewater treatment system for the
Uptown WW System is a soil based subsurface sewage treatment system (SSTS),consisting of a gravity
collection sewer with four lift stations,fourteen septic tanks ranging in size from 1,000-gallons to 3,000
gallons, and a gravity fed drainfield with nine drop box fed trench laterals (2,250 ft of trench) comprising 6,750
square feet of absorption area.
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17818 Hwy 65 NE,Suitc 100 • Ham Lake, MN 55309 • TeL• (763)439-5660 • Fax: (763)4345664 ��
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In this proposal, based on the Washington County issued permit and the BMI Master Plan, we assume a �
minimum of two site visits per month will be required, with each site visit lasting approximately 1-2 hours in
duration. Some months may be more or less, depending upon the needs of the system. Due to the fact that
we currently have number of projects in the Scandia area, we believe that we can cost effectively provide ;
wastewater operation services to the City.
I
We look forward to discussing this opportunity with you further. If you have any questions about this proposal �
or our services, please feel free to contact me at (763)434-5660. '
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Sincerely, '
Natural Systems Utilities,MN LLC
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Steven Kokesh
Region Manager
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17818 Hwy 65 NE,Suite 100 • Ham Lake,MN 55304 • Tel: (763)439-5660 • Fax: (763)434-5664
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Scandia Wastewater Operations Proposal
August 11, 2015
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I. ASSUMPTIONS '
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The following assumptions were considered: �
NSU Assumes the FollowinQ: 'I
1. The City's Maintenance Superintendent will be assigned to serve as NSU's "point of contact" to
facilitate communications. This person wili relay communications to the community and will contact i
NSU in event of an alarm condition. �
2. NSU will be granted access to the wastewater site to perform services as necessary.
3. NSU will provide 24/7 emergency services for the facility in the event they are needed. Emergency
service calls will be responded to as soon as possible. NSU has a history of responding to alarms within
a 2-hourtimeframe.
4. The duration of this contract is for 2 years.
5. If additional monitoring is required for permit exceedances or other permit requirements, services will
be provided on a time and materials basis.
6. If permit or regulatory changes occur during the contract period, the terms of the contract will be
revised to reflect the increase in monitoring to maintain compliance with permit requirements.
7. Contract price will increase for lump sum contract amount and standard biiling rates based upon the
percent change of the United States Department of Labor Consumer Price Index for all urban
consumers U.S.city average starting January 1, 2016.
8. NSU assumes easements are provided for NSU to enter onto private property to perform the
necessary maintenance services. If easement or rights of entry issues occur,the City will work with the
property owner to resolve.
9. NSU will manage all work completed by third parties(septic tank pumping, major repairs).
Below are other permit driven responsibilities of the Owner:
1. The Owner shall compiy with the terms and conditions specified in the SSTS Permits issued from
Washington County, NSU will operate the system in accordance to the permit conditions.
I
This Contract Exdudes:
I
1. STEP system annual inspections, Septic tank pumping costs, repairs and emergency service calls for i
the wastewater system are in addition to the contract amount.
17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 • Tel: (763)434-5660 • Fax: (763)434-5664
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II. PROPOSED NSU SERVICES ,
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WASTEWATER OPERATION SERVICES ANDERSON ERICKSON SYSTEM I
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1. Perform site visits to the facility a minimum of twice per month to evaluate system performance, �
2. Perform analytical monitoring as defined in the Washington County Permit,dated March 2015.
3. Coordinate with the analytical lab for analysis of samples and report results to the City. j
4. Provide correspondence on a monthly basis on items that arise at the wastewater system. ;
5. Record pump run times, event counts and amp draws for all pumps in the system to ensure proper
operations.
6. Perform drawdown tests on lift station pumps to calibrate flow rates.
7. Confirm all equipment in the control panel and motorized valves are functional on each site visit.
8. Maintain records of active trench rotation and ponding status monthly. !
9. Measure sludge and scum in lift station tank biannually. �
10. Note maintenance activities required at the site and maintain a logbook. I
11. Implement a winterizing plan (as developed by NSU) to minimize the potentia! for freezing prior to �
winter, i
12. Perform periodic operational control monitoring prior to equipment adjustment.
13. If so desired by the City, place competitive bids for a pumping contract and recommend a pumper �
with the best bid.
WASTEWATER OPERATION SERVICES UPTOWN SYSTEM
1. Perform site visits to the facility a minimum of twice per month to evaluate system performance.
2. Perform analytical monitoring as defined in the Washington County Permit,dated January 2015. �
3. Coordinate with the analytical lab for analysis of samples and report results to the City.
4. Provide correspondence on a monthly basis on items that arise at the wastewater system.
5. Record pump run times, event counts and amp draws for all pumps in the system to ensure proper
operations.
6. Perform drawdown tests on lift station pumps to calibrate flow rates.
7, Confirm all equipment in the control panel and motorized valves are functional on each site visit. �
8. Maintain records of active trench rotation and ponding status monthly.
9. Measure sludge and scum in septic tanks or implement a schedule to assist you in determining when
septic tanks need to be pumped.
10. Note maintenance activities required at the site and maintain a logbook.
11. Implement a winterizing plan (as developed by NSU) to minimize the potential for freezing prior to '
winter. �
12. Perform periodic operational control monitoring prior to equipment adjustment.
13. If so desired by the City, place competitive bids for a pumping contract and recommend a pumper
with the best bid. �
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17818 Hwy 65 NE,Suite 100 e Ham Lake,MN 55304 • Tel: (763)434-5660 • Fax: (763)434-5669
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ADDITIONAL TASI<S
1. Provide 24/7 service calls as needed at the community treatment system site. Service calls are events
that fall outside of the "Wastewater Operation Services" tasks and need urgent attention (i.e.
responding to grinder pump alarms).
2. Perform Monitoring Well Sampling.
3. Perform annual individual septic tank inspections for tank integrity and sludge and scum '
measurements.
4. Perform other services as requested by the Owner that are beyond the scope of this contract.
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III. COSTS OF NSU SERVICES
Wastewater Operation Services will be invoiced on a lump sum basis of$340.00 per month for the Anderson
Erickson Facility and $440.00 for the Uptown Facility ($9,360 annually). Expenses such as mileage, analytical
lab fees and field materials are included in the fee. Such amount may increase as provided in Section I (7) ,
above beginning on January 1, 2016.
Additional Tasks will be charged as stated below:
• Service Calls (Item 1 under Additional Tasks) will be charged at $100 per event, plus time and
materials in accordance with the NSU Standard Billing Rates including calls to coordinate repairs by
subcontractors.
• Monitoring Well sampling cost (Item 2 under Additional Tasks) will be $100 per well per event, if
required. (Subject to CPI increase).
• Individua� septic tank inspections (Item 3 under Additional Tasks) will be charged at a rate of$50 per I
tank.
• Other services (Item 4 under Additional Tasks) will be provided as requested on a time and materials i
basis, in accordance with the schedule attached here to. i
17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55304 • TeL• (763)434-5660 • Fax: (763)434-5664
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PROPOSAL ACCEPTANCE
The Owner accepts this proposal including the attached General Terms and Conditions, and NSU is authorized
to proceed with the services described herein. This proposal is valid for 30 days.
City of Scandia Natural Systems Utilities,MN LLC
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By: By; '�
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Name: Name; Steven Kokesh
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Title: Title: Region Manager �
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Date: Date; August 11, 2015 j
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NATURAL SYSTEMS UTILITICS, LLC STANDARD 2015 BILLING RATES
For
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WATER AND WAST�WATER OP�RATION S�RVIC�S ;
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POSITION STANDARD BILLING RATE �
Projcct Principal $125.00/hour �
Operations Supervisor $105.00/hour '
Senior Water/Wastewater Operator II $100.00/hour
Junior Water/Wastewater Operator I $92.00/hour
Field Seivices $87.00/hour �
Administration $87.00/hour
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EXPENSES j
Mileage $0.575/mile (prevailing rate)
Travel expenses At Cost �
Other expenses At Cost plus 10%
OTHER OPERATION SERVICES �
Confined Space Entry $75 per entry pei�niit
Use of HAZMAT Monitoring Equipment $40/hour(minimum 1 hour)
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EM�RG�NCY SERVICES/SERVIC� CALLS
Service Call ' $100 each response �
Labor associated with repairs or services Time and Materials in accordance with ;
standard billing rates
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17818 Hwy 65 NE,Suite 100 • Ham Lake,MN 55304 • Tel: (763)434-5660 • Fax: (763)434-5669
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General Terms and Conditions �
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1. STANDARD OF PERFORMANCE I
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All services of ("WASTEWATER OPERATOR") and its affiliates, subsidiaries, independent professional associates, consultants, and
subcontractors required by this agreement between OWNER and WASTEWATER OPERATOR ("AgreemenY') will be performed in a
reasonable and prudent manner in accordance with generally accepted WASTEWATER OPERATOR practice. All estimates,
recommendations, opinions, and decisions of WASTEWATER OPERATOR will be made upon the basis of the information availabie to 'i
WASTEWATER OPERATOR and WASTEWATER OPERATOR's experience,technical qualifications,and professional judgment.
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES OR
GUARANTEES WHATSOEVER, EXPRESSED OR IMPLIED,WITH RESPECT TO ANY SERVICE PERFORMED OR MATERIALS PROVlDED UNDER
THEAGREEMENT
2. INVOICES
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Invoices will be submitted periodically (customarily on a monthly basis) and, unless disputed by Owner, are due and payable upon i
receipt. Unpaid undisputed balances shall be subject to an additional charge at the rate of one and one-half(1.5) percent per month
from the date of invoice, if the unpaid balance is not paid within 30 days of the date of the invoice. In addition, WASTEWATER
OPERATOR may, after giving 30 days written notice to OWNER, suspend services without liability until OWNER has paid in full all
undisputed amounts due WASTEWATER OPERATOR on account of services rendered and expenses incurred,including interest on past-
due undisputed invoices. Payment of invoices is not subJect to discounting by OWNER. However,Owner may dispute some portion or
all of an invoice in which event the parties shall meet to attempt to resolve such dispute pursuant to Section 16, Owner shall not be
required to pay any undisputed invoice or portion thereof until the dispute has been fully and finally resolved. ',
3. CHANGES OR DELAYS I
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For work outside the scope of the June 14`h,2012 agreement between parties,unless the accompanying proposal provides otherwise, ;
the proposed fees constitute WASTEWATER OPERATOR's estimation to perform the services requlred to complete the project as
WASTEWATER OPERATOR understands it to be defined. For those projects involving conceptual or process development services,
activities often are not fully definable in the initial planning. In any event,as the project progresses,the facts developed may dictate a �
change in the services to be performed,which may alter the scope. WASTEWATER OPERATOR will inform OWNER of such situations so I
that changes in scope and adjustments to the time of performance of the services, whether or not changed by any order, and
equitable adjustment shall be made,and the Agreement modified accordingly. �
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17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 • TeL (763)434-5660 • Fax: (763)434-5669 I
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4. PAYMENT
Where the method of payment under the Agreement is based upon cost reimbursement(e.g.,hourly rate,time and materials, �
direct personnel expense,or per diem),the provisions of subparagraph a.shall apply in addition to the provisions of I
subparagraphs b. through d.
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a. Direct costs, excluding travei and subsistence, are payable at actual documented cost plus 10% for handling and (
administration. '
b. The minimum time segment for charging fieldwork is two (2) hours unless specffically addressed in the proposal. The �
minimum time segment for charging work done at any of WASTEWATER OPERATOR's offices is one-half hour. !
c. If a lump sum fee is proposed,expenses are included as part of the lump sum fee. Otherwise project related office expenses
such as shipping,communication,subcontractors,printing and reproduction,computer services,supplles and equipment will
be calculated with a 10% mark-up. Travel and subsistence expenses of personnel when on business connected with the !
Project are reimbursable at cost. The use of re-usable field and support equipment owned by WASTEWATER OPERATOR will
be billed at pre-determined rates.
d. When applicable, rental charges wili be applied to cover the cost of pilot-scale facilities or equipment, apparatus, I
instrumentation,or other technical machinery. When such charges are applicable,OWNER wiil be advised at the start of the ,
assignment, task or phase. Analyses performed in WASTEWATER OPERATOR's or WASTEWATER OPERATOR's
subconsultant's laboratories will be billed on a unit cost-per-analysis basis, unless specified otherwise in the accompanying
Proposal.
e. Invoices based upon cost reimbursement will be submitted showing labor(hours worked)and total expense, but not actual
documentation. If requested by OWNER,reasonable documentation will be supplied.
5. TERM AND TERMINATION
If not defined otherwise in the CONTRACT ACCEPTANCE portion of the contract,the term of this Agreement shall be for a period of two �
(2) years (the "Term"). Notwithstanding the preceding sentence, WASTEWATER OPERATOR may terminate the Agreement by giving ;
forty five(45)days'written notice to OWNER if OWNER is in default under this Agreement and fails to cure such default within such
forty five(45)day period. �
OWNER may terminate this Agreement at anytime during the Term by giving forty five (45) days' written notice to WASTEWATER
OPERATOR. In the event of any such termination, OWNER shali pay all fees and expenses associated with the ProJect up to the �
effective date of termination.
6. LIMITATION OF LIABILITY
Notwithstanding any other provisions of these General Terms and Conditions, and uniess otherwise subject to a greater limitation, ,
WASTEWATER OPERATOR's total liability to OWNER for any loss or damage, including but not limited to special and consequential
damages arising out of or in connection with the performance of services or any other cause, inciuding WASTEWATER OPERATOR's
professional negligent acts, errors, or omissions, shall not exceed $50,000, and OWNER hereby releases WASTEWATER OPERATOR
from any liability above such amount.
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17818 Hwy 65 NE, Suite 100 > Ham Lake, MN 55304 • TeL• (763)939-5660 • Fax: (763)434-5664
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7. INSURANCE '
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During the term of this agreement,the WASTEWATER OPERATOR agrees to provide evidence of insurance coverage. �
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8. PROIECT SITE I
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OWNER shall furnish or cause to be furnished to WASTEWATER OPERATOR all documents and information in OWNER's possession that j
relate to the identity, location,quantity,nature,or characteristics of any hazardous waste at,on,or under the site. In addition,to the i�
extent reasonably available to it, OWNER shall furnish such other reports, data, studles, plans, specificatfons, documents, and other '
information regarding surface and subsurface site conditions requested by WASTEWATER OPERATOR for proper performance of its '�
services. WASTEWATER OPERATOR shall be entitled to rely upon OWNER provided documents and information in performing the �
services required under this Agreement; however,WASTEWATER OPERATOR assumes no responsibility or liability for the accuracy or i
completeness of said documents and information. OWNER-provided documents wfll remain the property of OWNER.
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Except for contractors or subcontractors retained directly by WASTEWATER OPERATOR, WASTEWATER OPERATOR will not direct, �
supervise,or control the work of contractors or their subcontractors. WASTEWATER OPERATOR's services will not include a review or
evaluation of the contractor's(or subcontractor's)safety measures.
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Except for contractors or subcontractors retained directly by WASTEWATER OPERATOR,WASTEWATER OPERATOR shall be responsible
only for its activities and those of its employees on any site. Neither the professional activities nor the presence of WASTEWATER
OPERATOR, its employees,or it subcontractors on a site shall imply that WASTEWATER OPERATOR controls the operations of others; j
nor shall this be construed to be an acceptance by WASTEWATER OPERATOR of any responsibility for job-site safety. ;
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9. DISPOSAL OF CONTAMINATED MATERIAL '
It is understood and agreed that WASTEWATER OPERATOR is not,and has no responsibility as a handler,generator,operator,treater or �
storer,transporter,or disposer of hazardous or toxic substances found or identified at a site. OWNER shall undertake or arrange for the I
handling,removal,treatment,storage,transportation,and disposal of hazardous substances or constituents found or identified at a site. '
10. CONFIDENTIALITY
WASTEWATER OPERATOR will comply with the provisions of the Minnesota Government Data Practices Act relating to information or
data generated on behalf of OWNER or supplied to WASTEWATER OPERATOR by OWNER".
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17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55304 • TeL• (763)434-5660 • Fax: (763)434-5664 I
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WASTEWATER OPERATOR shall maintain as confidential and not disclose to others without OWNER's prior written consent all
information obtained from OWNER that was not otherwise previously known to WASTEWATER OPERATOR or in the public domain and
is expressly designated by OWNER in writing to be"CONFIDENTIAL." The provisions of this paragraph shall not apply to information in
whatever form that(1)is published or comes into the public domain through no fauit of WASTEWATER OPERATOR,(2)is furnlshed by
or obtained from a third party who is under no obiigation to keep the information confidential,or(3)is required to be disdosed by law
on order of a court,administrative agency,or other authority with proper jurisdiction.
OWNER agrees that WASTEWATER OPERATOR may use and publish OWNER's name and a general description of WASTEWATER
OPERATOR's services with respect to the Project in describing WASTEWATER OPERATOR's experience and qualifications to other
clients or potential clients.
11. RE-USE OF DOCUMENTS �
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All documents,including drawings and specifications,prepared or furnished by WASTEWATER OPERATOR(and WASTEWATER i
OPERATOR's affiliates,subsidiaries,independent professional associates,consultants,and subcontractors)pursuant to this Agreement �
and instruments ot service in respect to the Project,and WASTEWATER OPERATOR shall retain an ownership and property interest �
therein,whether or not the Project is completed provided however that OWNER shall be entitled to rely upon the accuracy and I
completeness thereof".Owner may make and retain copies for information and reference in connection with the Project;however, i
such documents are not intended or represented to be suitable for re-use by OWNER or others on extensions of the Project or on any �
other project. Any re-use without written verification or adaptation by WASTEWATER OPERATOR'for the specific purpose intended
will be at OWNER's sole risk and without liability or legal exposure to WASTEWATER OPERATOR or WASTEWATER OPERATOR's
affiliates,subsidiaries,independent professional assocfates,consultants,and subcontractors with respect to any and all costs,
expenses,fees,losses,claims,demands,liabilities,suits,actions,and damages,whatsoever arising out of or resulting there from. Any
such verification or adaptation will entitle WASTEWATER OPERATOR to further compensation at rates to be agreed upon by OWNER
and WASTEWATER OPERATOR.
12 CONTROLLING AGREEMENT
These General Terms and Conditions shall take precedence over any inconsistent or contradictory provlsions contalned in any �
proposal,contract,purchase order,requisition,notice-to-proceed,or like document regarding WASTEWATER OPERATOR's services. �
If any of these General Terms and Conditions are determined to be invalid or unenforceable in whole or part by a court of competent
jurisdiction,the remaining provisions hereof shall remain in full force and effect and be binding upon the parties hereto. The parties
agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that as
closely as possible expresses the intention of the stricken provision.
These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this
Agreement for any cause provided, however, the Owner and NSU MN, LLC each acknowledge and agree that this contract shall be
automatically extended on an annual basis following the expiration of the initial term unless (i) this contract is terminated in
accordance with Paragraph 5 of the General Terms and Conditions attached hereto and made a part hereof,or�ii)either the Owner or
17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 • Tel: (763)439-5660 • Fax: (763)434-5664
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NSU MN,LLC provides written notice to the other,no less than sixty(60)days prior to the expiration of the initial term of this contract
or any annual extension,of its desire to terminate this contract upon the expiration of such initial term or annual extension term, as
applicable.
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13. PROPRIETARY DATA
The technical and pricing information contained in the accompanying Proposal or Agreement is not to be disclosed or otherwise made �
availabie to third parties without the express written consent of WASTEWATER OPERATOR.
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14. GOVERNING LAW !
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This Agreement is to be governed by and construed in accordance with the laws of Minnesota. I
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15. COPYRIGHT
All reports, plans specifications, computer files, field data, notes and other documents prepared by WASTEWATER OPERATOR as
instruments of service shall remain the property of the WASTEWATER OPERATOR. The WASTEWATER OPERATOR shall retain all �
common law,statutory and other reserved rights,including the copyright thereto. `
16. MEDIATION i
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In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the
project, the Owner and the WASTEWATER OPERATOR agree that all disputes shail be submitted to nonbinding mediation unless the
parties mutually agree otherwise.
The Owner and the WASTEWATER OPERATOR further agree to inciude a similar mediation provision in all agreements with
independent contractors and consultants retained for the project and to require all independent contractors and consultants to
include similar mediation provisions in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,
thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements.
17. INDEMNiFICATION I
The WASTEWATER OPERATOR agrees, to the fullest extent permitted by law to indemnify and hold the Owner harmless from any �
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damage, liability or cost(including reasonable attorneys'fees and cost of defense)to the extent caused by WASTEWATER OPERATOR's ;
negligent acts, errors or omissions fn the performance of professional services under this agreement and those of his or her
subconsultants or anyone whom the WASTEWATER OPERATOR is legally liabie.
17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 • Tel: (763)434-5660 • Fax: (763)439-5664
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The Owner agrees, to the fullest extent permitted by law to indemnify and hold the WASTEWATER OPERATOR harmless from any
damage, liability or cost(including reasonable attorneys'fees and cost of defense)to the extent caused by the Owner's negligent acts,
errors or omissions in the performance of professional services under this agreement and those of his or her contractors,
subcontractors,consultants or anyone whom the Owner is legally liable and arising from the project that fs subject to this agreement. i
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The WASTEWATER OPERATOR is not obligated to indemnify the Owner in any manner whatsoever for the Owners own negligence.
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18. SUBCONSULTANTS/SUBCONTRACTORS
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The WASTEWATER OPERATOR and the Subconsultant / Subcontractor mutually agree, to the fullest extent permitted by law to
indemnify and hold each other harmless from any damage, Ilability or cost, including reasonable attorneys'fees and cost of defense !
arising from their own negligent acts, errors or omissions in the performance of professional services under this agreement to the
extent that each party is responsible for such damages,liabilities and cost on a comparative basis of fault.
19. INfORMATION PROVIDED BY OTHERS
The WASTEWATER OPERATOR shall indicate to the Owner the information needed for rendering of services hereunder. The Owner
shall provide to the WASTEWATER OPERATOR such information as is reasonably available to the Owner and the Owner's consultants
and contractors,and the WASTEWATER OPERATOR shall be entitled to rely upon the accuracy and completeness thereof. The Owner
recognizes that it is impossible for the WASTEWATER OPERATOR to assure the accuracy , completeness and sufficiency of such
information, either because it is impossible to verify, or because if errors or omissions which may have occurred in assembling the
information the Owner is providing. Accordingly,the Owner agrees,to the fullest extent permitted by law,to indemnify and hold the
WASTEWATER OPERATOR and the the WASTEWATER OPERATORs subconsultants harmiess from any claim, liability or cost(including
reasonable attorneys'fees and costs of defense)for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in
documents or other information provided by the Owner to the WASTEWATER OPERATOR.
20. STANDARD OF CARE
Services provided by the WASTEWATER OPERATOR under this agreement will be performed in a manner consistent with the degree of
care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
21, ASSIGNMENT
Services provided by the WASTEWATER OPERATOR may not be assigned to another business entity without written consent from the I
Owner. i
17818 Hwy 65 NE,Suite 100 s Ham Lake, MN 55304 • Tel: (763)439-5660 • Fax: (763)434-5664
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August 11, 2015
Kristina Handt, City Administrator
14727 209`h Street North
Scandia, MN 55073
RE: Proposal for Wastewater Operations of Scandia Bliss Collector Wastewater Facility
Dear Ms. Handt,
Natural Systems Utilities, MN (herein referred to as "NSU") is submitting the following proposal for
wastewater operation services for the Scandia Bliss Collector Wastewater Facility State Disposal System (SDS)
Facility Permit MN0054119. �
This facility consists of STEP septic collection systems, a small diameter force main,two lift stations, a stilling
basin comprised of three septic tanks in series (7,500 gallons total), a dosing station and three pass-through
sand filter beds, and a dosing station for filtered effluent going to a three-cell drainfield trench system.The
drainfield system consists of three cells of drop box drainfields with ten laterals each. One or two cells rest at �
any given time.The system is designed to treat up to 19,800 gallons per day.There are no known bypass ;
points in this system. i
We look forward to discussing this opportunity with you further. If you have any questions about this proposal
or our services, please feel free to contact me at(763)434-5660.
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Natural Systems Utilities,MN LLC
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Steven Kokesh
Region Manager
17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55309 • Tel: (763)439-5660 • Fax: (763)434-5664 �
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Scandia Wastewater Operations Proposal
August 11, 2015
i. ASSUMPTIONS
The following assumptions were considered:
NSU Assumes the Followin�: ,
1. The term of this contract will begin on September 1, 2015.
2, The City's Maintenance Superintendent will be assigned to serve as NSU's "point of contact" to ,
facilitate communications. This person will relay communications to the community and will contact �
NSU in event of an alarm condition. �
3. NSU will be granted access to the wastewater site to perform services as necessary. ',
4. NSU will provide 24/7 emergency services for the facility in the event they are needed. Emergency '
service calls will be responded to as soon as possible. NSU has a history of responding to alarms within
a 2-hour timeframe.
5. The duration of this contract is for 2 years. j
6. If additional monitoring is required for permit exceedances or other permit requirements, services will
be provided on a time and materials basis.
7. If permit or regulatory changes occur during the contract period, the terms of the contract will be I
revised to reflect the increase in monitoring to maintain compliance with permit requirements.
S, Contract price will increase for lump sum contract amount and standard billing rates based upon the
percent change of the United States Department of Labor Consumer Price Index for all urban
consumers U.S. city average starting no sooner than January 1, 2016. i
9. NSU assumes easements are provided for NSU to enter onto private property to perform the
necessary maintenance services. If easement or rights of entry issues occur,the City will work with the
property owner to resolve.
10. NSU will manage all work completed by third parties(septic tank pumping, major repairs). �
Below are other permit driven resqonsibilities of the Owner•
1. The Owner shall comply with the terms and conditions specified in the SSTS Permits issued from I
Washington County. NSU will operate the system in accordance to the permit conditions.
This Contract Excludes:
1. Septic tank pumping costs, repairs and emergency service calls for the wastewater system are in
addition to the contract amount.
17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55304 • Tel; (763)434-5660 • Fax: (763)434-5669
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II. PROPOSED NSU SERVICES
WASTEWATER OPERATION SERVICES BLISS COLLECTOR FACILITY
1. Perform site visits to the facility a minimum of twice per month to evaluate system performance. j
2. Perform analytica) monitoring as defined in the Minnesota Poilution Control Agency issued permit �
MN0054119, dated April 02, 2010. '
3. Coordinate with the analytical lab for analysis of samples and report results to the City. �
4. Complete and submit monthly Discharge Monitoring Reports to the MPCA.
5. Provide correspondence on a monthly basis on items that arise at the wastewater system. i
6. Record pump run times, event counts and amp draws for all pumps including collection and treatment �
system to ensure proper operations. �
7. Perform drawdown tests on lift station pumps to calibrate flow rates. '
8. Confirm all equipment in the control panel and motorized valves are functional on each site visit. !
9. Perform flushing of sand filter dosing piping and filter cleaning(if applicable)two times per year. I
10. Maintain records of active trench rotation and ponding status monthly, �
11. Measure sludge and scum in septic tanks at the treatment site as required by the MPCA permit. �
12. Note maintenance activities required at the site and maintain a logbook. E
13. Implement a winterizing plan (as developed by NSU) to minimize the potential for freezing prior to �
winter.
14. Perform periodic operational control monitoring prior to equipment adjustment.
15. If so desired by the City, place competitive bids for a pumping contract and recommend a pumper
with the best bid. �
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ADDITIONAL TASKS
1. Provide 24/7 service calls as needed at the community treatment system site, Service calls are events �
that fall outside of the "Wastewater Operation Services" tasks and need urgent attention (i.e.
responding to grinder pump alarms).
2. Perform additional performance sampling.
3. Perform annual individual septic tank inspections for tank integrity and sludge and scum
measurements.
4. Perform other services as requested by the Owner that are beyond the scope of this contract.
17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55309 • Tel: (763)434-5660 • Fax: (763)934-5664
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111. COSTS OF NSU SERVICES
Wastewater Operation Services will be invoiced on a lump sum basis of $625.00 per month ($7500.00
annua�ly). Expenses such as mileage, analytical lab fees and field materials are included in the fee. Such �
amount may increase as provided in Section I (7)above beginning no sooner than January 1, 2016.
Additional Tasks will be charged as stated below; i
• Service Calls (Item 1 under Additional Tasks) will be charged at $100 per event, plus time and
materials in accordance with the NSU Standard Billing Rates including calls to coordinate repairs by
subcontractors.
• Perform additional sampling (Item 2 under Additional Tasks) will be charged at rate based on
analytical lab assuming sampling is performed during routine visits.
• Individual septic tank inspections (Item 3 under Additional Tasks) will be charged at a rate of$50 per
tank.
• Other services (Item 4 under Additional Tasksj will be provided as requested on a time and materials
basis, in accordance with the schedule attached here to. �
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17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55309 • Tel: (763)934-5660 • Fax: (763)934-5664 ''
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PROPOSALACCEPTANCE
The Owner accepts this proposal including the attached General Terms and Conditions, and NSU is authorized
to proceed with the services described herein. This proposal is valid for 30 days.
City of Scandia Natural Systems Utilities,MN LLC
By: By:
Name: Name: Steven Kokesh
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Title: Title: Region Manager �
Date: Date: August 11, 2015
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UTILITICc i
NATURAL SYSTEMS UTILITICS, LLC STANDARD 2015 BILLING RATES
For
WATER AND WASTEWAT�R OPERATION SERVIC�S
POSITION STANDARD BILLING RATE
Project Principal $125.00/hour
Operations Supervisor $105.00/hour
Senior Water/Wastewater Operator II $100.00/hour
Junior Water/Wastewater Operator I $92.00/houi•
Field Services $87.00/hour �
Administration $87.00/hour
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EXPENSES
Mileage $0.575/mile (prevailing rate) I
Travel expenses At Cost
Other expenses At Cost plus 10% '
OTHER OP�RATION SERVICES
Confined Space Entry $75 per entry permit
Use of HAZMAT Monitoring Equipmcnt $40/hour(minimum 1 hour)
EM�RGENCY S�RVICES/SERVICE CALLS
Service Call ' $100 each response
Labor associated with repairs or services Time and Materials in accordance with '
standard billing rates
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17818 Hwy 65 NE, Suite 100 • Ham Lake,MN 55304 • Tel: (763)4345660 • Fax: (763)434-5664
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General Terms and Conditions
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1. STANDARD OF PERFORMANCE
All services of ("WASTEWATER OPERATOR") and its affiliates, subsidiaries, independent professional associates, consultants, and
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subcontractors required by this agreement between OWNER and WASTEWATER OPERATOR ("Agreement") will be performed in a
reasonable and prudent manner in accordance with generally accepted WASTEWATER OPERATOR practice. All estimates, i
recommendations, opinions, and decisions of WASTEWATER OPERATOR will be made upon the basis of the information available to �
WASTEWATER OPERATOR and WASTEWATER OPERATOR's experience,technical qualifications,and professional judgment. �
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES OR
GUARANTEES WHATSOEVER,EXPRESSED OR IMPLIED,WITH RESPECT TO ANY SERVICE PERFORMED OR MATERIALS PROVIDED UNDER
THE AGREEMENT
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2, INVOICES i
Invoices will be submitted periodicaliy (customarily on a monthly basis) and, unless disputed by Owner, are due and payable upon I
receipt, Unpaid undisputed balances shall be subject to an additional charge at the rate of one and one-half(1.5)percent per month
from the date of invoice, if the unpaid balance is not paid within 30 days of the date of the invoice, In addition, WASTEWATER
OPERATOR may, after giving 30 days written notice to OWNER, suspend services without liability until OWNER has paid in full all
undisputed amounts due WASTEWATER OPERATOR on account of services rendered and expenses incurred,including interest on past-
due undisputed invoices. Payment of invoices is not subject to discounting by OWNER. However,Owner may dispute some portion or
all of an invoice in which event the parties shall meet to attempt to resolve such dispute pursuant to Section 16. Owner shall not be
required to pay any undisputed invoice or portion thereof until the dispute has been fully and finally resolved.
3. CHANGES OR DELAYS
For work outside the scope of the June 14`h,2012 agreement between parties,unless the accompanying proposal provides otherwise,
the proposed fees constitute WASTEWATER OPERATOR's estimation to perform the services required to complete the project as
WASTEWATER OPERATOR understands it to be defined. For those projects involving conceptual or process development services, j
activities often are not fully definable in the initial planning. In any event,as the project progresses,the facts developed may dictate a
change in the services to be perFormed,which may alter the scope. WASTEWATER OPERATOR will inform OWNER of such situations so
that changes in scope and adjustments to the time of performance of the services, whether or not changed by any order, and
equitable adjustment shall be made,and the Agreement modified accordingly.
17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 e Tel: (763)434-5660 • Fax: (763)939-5669 �
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4. PAYMENT i
Where the method of payment under the Agreement is based upon cost reimbursement(e.g,,hourly rate,time and materials,
direct personnel expense,or per diem),the provisions of subparagraph a,shall apply in addition to the provisions of
subparagraphs b. through d.
a. Direct costs, excluding travel and subsistence, are payable at actual documented cost pius 10% for handling and
administration,
b. The minimum time segment for charging fieldwork is two (2) hours unless specifically addressed in the proposal, The
minimum time segment for charging work done at any of WASTEWATER OPERATOR's offices is one-half hour.
c. If a lump sum fee is proposed,expenses are included as part of the lump sum fee. Otherwise project related office expenses
such as shipping,communication,subcontractors,printing and reproduction,computer services,supplies and equipment will
be calculated with a 10% mark-up. Travet and subsistence expenses of personnel when on business connected with the
Project are reimbursable at cost. The use of re-usabie field and support equipment owned by WASTEWATER OPERATOR wiil
be billed at pre-determined rates.
d. When applicable, rental charges will be applied to cover the cost of pilot-scale facilities or equipment, apparatus,
instrumentation,or other technical machinery. When such charges are applicable,OWNER will be advised at the start of the
assignment, task or phase. Analyses performed in WASTEWATER OPERATOR's or WASTEWATER OPERATOR's
subconsultant's laboratories wili be billed on a unit cost-per-analysis basis, unless specified otherwise in the accompanying
Proposal.
e. Invoices based upon cost reimbursement will be submitted showing labor(hours worked)and total expense, but not actual
documentation. If requested by OWNER,reasonable documentation will be supplied.
5. TERM AND TERMINATION
If not defined otherwise in the CONTRACT ACCEPTANCE portion of the contract,the term of this Agreement shall be for a period of two
(2)years (the "Term"). Notwithstanding the preceding sentence,WASTEWATER OPERATOR may terminate the Agreement by giving
forty five (45)days' written notice to OWNER if OWNER is in default under this Agreement and fafls to cure such default within such
forty five(45)day period. '
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OWNER may terminate this Agreement at anytime during the Term by giving forty five (45) days' written notice to WASTEWATER
OPERATOR. in the event of any such termination, OWNER shail pay all fees and expenses associated with the Project up to the i
effective date of termination.
6. LIMITATION OF LIABILITY
Notwithstanding any other provisions of these General Terms and Conditions, and unless otherwise subject to a greater limitation,
WASTEWATER OPERATOR's total liability to OWNER for any loss or damage, including but not limited to special and consequential I
damages arising out of or in connection with the performance of services or any other cause, including WASTEWATER OPERATOR's
professional negligent acts, errors, or omissions, shall not exceed $50,000, and OWNER hereby releases WASTEWATER OPERATOR
from any liability above such amount.
17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 • Tel: (763)439-566o • Fax: (763)939-5664
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7. INSURANCE
During the term of this agreement,the WASTEWATER OPERATOR agrees to provide evidence of insurance coverage.
8. PROIECT SITE
OWNER shall furnish or cause to be furnished to WASTEWATER OPERATOR all documents and information in OWNER's possession that
relate to the identity,location,quantity,nature,or characteristics of any hazardous waste at,on,or under the site. In addition,to the
extent reasonably available to it, OWNER shall furnish such other reports, data, studies, plans, specifications, documents,and other '
information regarding surface and subsurface site conditions requested by WASTEWATER OPERATOR for proper performance of its
services. WASTEWATER OPERATOR shall be entitled to rely upon OWNER provided documents and information in performing the
services required under this Agreement; however,WASTEWATER OPERATOR assumes no responsibility or liability for the accuracy or I
completeness of said documents and information. OWNER-provided documents will remain the property of OWNER. i
Except for contractors or subcontractors retained directly by WASTEWATER OPERATOR, WASTEWATER OPERATOR will not direct, i
supervise,or control the work of contractors or their subcontractors. WASTEWATER OPERATOR's services will not include a review or i
evaluation of the contractor's(or subcontractor's)safety measures.
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Except for contractors or subcontractors retained directly by WASTEWATER OPERATOR,WASTEWATER OPERATOR shall be responsible �
only for its activities and those of its employees on any site. Neither the professional activities nor the presence of WASTEWATER
OPERATOR,its employees,or ft subcontractors on a site shall imply that WASTEWATER OPERATOR controls the operations of others;
nor shall this be construed to be an acceptance by WASTEWATER OPERATOR of any responsibility for job-site safety.
9. DISPOSAL OF CONTAMINATED MATERIAL
It is understood and agreed that WASTEWATER OPERATOR is not,and has no responsibflity as a handler,generator,operator,treater or
storer,transporter,or disposer of hazardous or toxic substances found or identified at a site. OWNER shall undertake or arrange for the
handling,removal,treatment,storage,transportation,and disposal of hazardous substances or constituents found or identified at a site.
10, CONFIDENT�ALITY
WASTEWATER OPERATOR will comply with the provisions of the Minnesota Government Data Practices Act relating to information or
data generated on behalf of OWNER or supplied to WASTEWATER OPERATOR by OWNER".
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17818 Hwy 65 NE,Suite 100 • Ham Lal<e, MN 55304 • Tcl: (763)434-5660 • Fax: (763)434-5664
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WASTEWATER OPERATOR shall mafntain as confidential and not disclose to others wfthout OWNER's prior written consent all
information obtained from OWNER that was not otherwise previously known to WASTEWATER OPERATOR or in the public domain and
is expressly designated by OWNER in writing to be"CONFIDENTIAL." The provisions of this paragraph shall not apply to information in i
whatever form that(1)is published or comes into the public domain through no fault of WASTEWATER OPERATOR,(2)is furnished by
or obtained from a third party who is under no obligation to keep the information confidential,or(3)is required to be disclosed by law
on order of a court,administrative agency,or other authority with proper jurisdiction. ;
OWNER agrees that WASTEWATER OPERATOR may use and publish OWNER's name and a general description of WASTEWATER
OPERATOR's services with respect to the Project in describing WASTEWATER OPERATOR's experience and qualifications to other
clients or potential clients.
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11. RE-USE OF DOCUMENTS �
All documents,including drawings and specifications,prepared or furnished by WASTEWATER OPERATOR(and WASTEWATER
OPERATOR's affiliates,subsidiaries,independent professional associates,consultants,and subcontractors)pursuant to this Agreement j
and instruments of service in respect to the Project,and WASTEWATER OPERATOR shall retain an ownership and property interest �
therein,whether or not the Project is completed provided however that OWNER shall be entitled to rely upon the accuracy and
completeness thereof".Owner may make and retain copies for information and reference in connection with the Project;however,
such documents are not intended or represented to be suitable for re-use by OWNER or others on extensions of the Project or on any
other project. Any re-use without written verification or adaptation by WASTEWATER OPERATOR'for the specific purpose intended I
will be at OWNER's sole risk and without liability or(egal exposure to WASTEWATER OPERATOR or WASTEWATER OPERATOR's �
affiliates,subsidiaries,independent professional associates,consultants,and subcontractors with respect to any and all costs,
expenses,fees,losses,claims,demands,liabilities,suits,actions,and damages,whatsoever arising out of or resulting there from. Any
such verification or adaptation will entitle WASTEWATER OPERATOR to further compensation at rates to be agreed upon by OWNER I
and WASTEWATER OPERATOR. f
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12 CONTROLLING AGREEMENT I
These General Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contafned in any
proposal,contract,purchase order,requisition,notice-to-proceed,or like document regarding WASTEWATER OPERATOR's services.
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if any of these General Terms and Conditions are determined to be invalid or unenforceable in whole or part by a court of competent
jurisdiction,the remaining provisions hereof shall remain in full force and effect and be binding upon the parties hereto. The parties '
agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that as
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ciosely as possible expresses the intention of the stricken provision.
These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this
Agreement for any cause provided, however, the Owner and NSU MN, LLC each acknowledge and agree that this contract shall be i
automatically extended on an annual basis following the expiration of the initial term unless (i) this contract is terminated in
accordance with Paragraph 5 of the General Terms and Conditions attached hereto and made a part hereof,or(ii)either the Owner or
17818 Hwy 65 NE,Suite 100 • Ham Lake,MN 55309 • TeL• (763)434-5660 • Fax: (763)434-5669 ,
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NSU MN,LLC provides written notice to the other,no less than sixty(60)days prior to the expiratlon of the initlal term of thls contract
or any annual extension,of its desire to terminate this contract upon the expiration of such initlal term or annual extensfon term, as
applicable.
13. PROPRIETARY DATA
The technical and pricing information contained in the accompanying Proposal or Agreement is not to be disclosed or otherwise made �,
available to third parties without the express written consent of WASTEWATER OPERATOR.
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14. GOVERNING LAW �
This Agreement is to be governed by and construed in accordance with the laws of Minnesota.
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15. COPYRIGHT
All reports, plans specifications, computer files, field data, notes and other documents prepared by WASTEWATER OPERATOR as
instruments of service shall remain the property of the WASTEWATER OPERATOR. The WASTEWATER OPERATOR shal� retain all
common law,statutory and other reserved rights,including the copyright thereto.
16. MEDIATION
In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the '
project,the Owner and the WASTEWATER OPERATOR agree that all disputes shall be submitted to nonbinding mediation unless the
parties mutually agree otherwise.
The Owner and the WASTEWATER OPERATOR further agree to include a similar mediation provision in all agreements with
independent contractors and consultants retained for the project and to require all independent contractors and consuitants to
include similar mediation provisions in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,
thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements.
17. INDEMNIFICATION
17818 Hwy 65 NE, Suite 100 • Ham Lake, MN 55304 • Tel: (763)434-5660 • Fax: (763)439-5669
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The WASTEWATER OPERATOR agrees, to the fullest extent permitted by law to indemnify and hold the Owner harmless from any
damage,liability or cost(including reasonabie attorneys'fees and cost of defense)to the extent caused by WASTEWATER OPERATOR's
negligent acts, errors or omissions in the pertormance of professional services under this agreement and those of his or her
subconsultants or anyone whom the WASTEWATER OPERATOR is legally liable.
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The Owner agrees, to the fullest extent permitted by law to indemnify and hold the WASTEWATER OPERATOR harmless from any
damage, liability or cost(including reasonable attorneys'fees and cost of defense)to the extent caused by the Owner's negligent acts, I
errors or omissions in the performance of professional services under this agreement and those of his or her contractors, �
subcontractors,consultants or anyone whom the Owner is�egally liable and arising from the project that is subject to this agreement,
The WASTEWATER OPERATOR is not obligated to indemnify the Owner in any manner whatsoever for the Owners own negligence, I
18. SUBCONSULTANTS/SUBCOfVTRACTORS
The WASTEWATER OPERATOR and the Subconsultant / Subcontractor mutually agree, to the fullest extent permitted by law to
indemnify and hold each other harmless from any damage, liability or cost, including reasonable attorneys'fees and cost of defense
arising from their own negligent acts, errors or omissions in the performance of professional services under this agreement to the
extent that each party is responsible for such damages,liabilities and cost on a comparative basis of fauit.
19. INFORMATION PROVIDED BY OTHERS i
The WASTEWATER OPERATOR shall indicate to the Owner the information needed for rendering of services hereunder. The Owner �
shall provide to the WASTEWATER OPERATOR such information as is reasonably available to the Owner and the Owner's consultants '
and contractors,and the WASTEWATER OPERATOR shall be entitled to rely upon the accuracy and completeness thereof, The Owner
recognizes that it is impossibie for the WASTEWATER OPERATOR to assure the accuracy , completeness and sufficiency of such
information, either because it is impossible to verify, or because if errors or omissions which may have occurred in assembling the
information the Owner is providing. Accordingly,the Owner agrees,to the fullest extent permftted by law,to indemnify and hold the
WASTEWATER OPERATOR and the the WASTEWATER OPERATORs subconsuitants harmless from any claim, liability or cost(including
reasonable attorneys'fees and costs of defense)for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in
documents or other information provided by the Owner to the WASTEWATER OPERATOR,
20. STANDARD OF CARE
Services provided by the WASTEWATER OPERATOR under this agreement will be performed in a manner consistent with the degree of �
care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances,
21. ASSIGNMENT
17818 Hwy 65 NE,Suite 100 • Ham Lake, MN 55309 • Tel: (763)434-5660 � Fax: (763)434-5664
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Services provided by the WASTEWATER OPERATOR may not be assigned to another business entity without written consent from the
Owner.
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17818 Hwy 65 NE, Suite 100 • Ham Lake,MN 55309 • Tel: (763)434-5660 • Fax: (763)434-5664
Date Location Problem
7/2/2012 18570 Norell High water alarm - replaced pump
7/3/2012 18610 Norell High water alarm - replaced pump
12/27/2012 18884 Layton Power fail - replaced battery
3/5/2013 19025 Layton High water alarm
4/7/2013 Uptown Drainfield High water alarm
4/7/2013 Bliss 2 Lift Station Low level alarm
10/14/2013 18829 Layton Water backing up into house
12/16/2013 19011 Layton High water alarm
1/22/2014 19041 Layton Water backing up into house
1/31/2014 19009 Larkspur Water backing up into house
2/19/2014 18677 Layton Ct High water alarm - replaced pump
6/28/2014 13490 188th St High water alarm - replaced pump
10/1/2014 Anderson/Erickson Lift Station High water-surface discharge
1/5/2015 19025 Layton High water alarm
1/5/2015 19009 Larkspur High water alarm -frozen pipe
18509 Langly High water alarm
18540 Langly (2) High water alarm
18613 Langly Ct High water alarm
18601 Lamar Water backing up into house
2016 Draff Budget
UPTOWN SEWER(FUND 612)EXPENSE
2012 2013 2014 2015 6/30l2015 2015 2016 Change
Actual Actual Actual Proposed Year-to-Date Estimated Proposed '15-'16
Account Description Expenses Expenses Expenses Budget Expdts Expdtrs Budget Budget Notes:
Personnel Services
101 Regular Wages 8 Salaries 1,647 5,001 7,551 3,088 7,000 5,394
121 PERA Coord.Employer Contribution 106 363 566 214 525 405
122 FICA Employer Contribution 95 304 468 184 434 334
126 MEDICARE Employer Contribution 22 71 109 43 102 78
151 Workers Comp Insurance Premium 40 338 401 378
Total Personnei Services 1,870 5,779 8,695 3,867 8,462 6,589 -24.21%
Materials&Supplies
200 Office Supplies 13 21 50 50 50
203 Printed Forms&Papers
210 Operating Supplies&Equipment 82 10 250 70 200 210
Total Materials&Supplies 172 103 10 300 70 250 260 -13.33%
Contractual Services
303 Engineering Services 6,373
304 Legal Services 1,001
308 Other Professional Services 258 199
309 Software Support&Maintenance 85 77 77
311 Contractual Permit Fees 200
317 Employee Training 319 297 700 117 700 700
319 Other Services 46
322 Postage 10 10 10
334 Licenses 8 Permits 855 200 200 200
351 Legal Notices Publishing 56
353 Sales Tax 81
361 Liability/Property Insurance 46 63 270 75 170 186 205
381 Utilities 331 1,757 1,752 1,864 673 1,800 1,854
385 Sewer(Pumping) 184 691 1,005 2,100 630 1,500 1,500
386 Operation&Maintenance 1,850 3,707 2,186 1,000 118 1,000 1,000
403 Improvements other than Bldg
404 Machinery&Equipment Repair 1,660 1,355 500 500 500
418 Vehicle or Equipment Leasing
420 Depreciation Expense
438 Misc Contractual 25 500 500 500
439 Refunds Issued
Total Contractual Services 11,491 6,932 7,289 7,689 1,908 6,473 6,546 -14.87%
Capital Outlays
530 Capital improvements other than Bldgs 129,067
540 Heavy Machinery Capital
550 Motor Vehicles Capital
560 Furniture&Fi�ures
570 Office Equipment 1 412
Total Capital Outlays 130 479
Debt Service
602 Long Term Debt Interest
603 Lonq Term Debt Principal 2 667 2 640 2 640 2 640 2,640
Total Debt Service 2,667 2,640 2,640 2,640 2,640
Transfers
720 Operating Transfers 1 744 4 070
Total Transfers 1,744 4,070
Total Uptown Sewer (612) 143 886 15 642 15 718 19 323 5,845 17,825 16,035 -17.02°/
Notes:
1 of 1 UPTOWN SEWER 2:02 PM 8l11/2015
2016 Draft Budget
UPTOWN SEWER(FUND 612)EXPENSE w/Natural Systems Utilities
2012 2013 2014 2015 6/30/2015 2015 2016 Change
Actual Actual Actual Proposed Year-to-Date Estimated Proposed '15-'16
Account Description Expenses Expenses Expenses Budget Expdts Expdtrs Budget Budget Notes:
Personnel Services
101 Regular Wages&Salaries 1,647 5,001 7,551 3,088 7,000 2,057
121 PERA Coord.Employer Contribution 106 363 566 214 525 154
122 FICA Employer Contribution 95 304 468 184 434 128
126 MEDICARE Employer Contribution 22 71 109 43 102 30
151 Workers Comp insurance Premium 40 338 401 378
Total Personnel Services 1,870 5,779 8,695 3,867 8,462 2,746 -68.41%
Materials&Supplies
200 Office Supplies 13 21 50 50 50
203 Printed Forms&Papers
210 Operatinq Supplies&Equipment 82 10 250 70 200 210
Total Materials&Supplies 172 103 10 300 70 250 260 -13.33%
Contractual Services
303 Engineering Services 6,373
304 Legal Services 1,00�
308 Other Professional Services 258 199
309 Software Support&Maintenance 85 �� ��
311 Contractual Permit Fees 200
317 Employee Training 319 297 700 117 700 350
319 Other Services 46
322 Postage 10 10 10
334 Licenses&Permits 855 200 200 200
351 Legal Notices Publishing 56
353 Sales Tax $�
361 Liability/Property Insurance 46 63 270 75 170 186 205
381 Utilities 331 1,757 1,752 1,864 673 1,800 1,854
385 Sewer(Pumping) 184 691 1,005 2,100 630 1,500 1,500
386 Operation&Maintenance 1,850 3,707 2,186 1,000 118 1,000 6,386
403 Improvements other than Bldg
404 Machinery&Equipment Repair 1,660 1,355 500 500 500
418 Vehicle or Equipment Leasing
420 Depreciation Expense
438 Misc Contractual 25 500 500 500
439 Refunds Issued
Total Contractual Services 11,491 6,932 7,289 7,689 1,908 6,473 11,582 50.63%
Capital Outlays
530 Capital Improvements other than Bldgs 129,067
540 Heavy Machinery Capital
550 Motor Vehicles Capital
560 Furniture&Fixtures
570 Office Equipment 1 412
Total Capital Outlays 130 479
Debt Service
602 Long Term Debt Interest
603 Long Term Debt Principal 2 667 2 640 2 640 2,640 2,640
Total Debt Service 2,667 2,640 2,640 2,640 2,640
Transfers
720 Operating Transfers 1 744 4 070
Total Transfers 1,744 4,070
Total Uptown Sewer (612) 143 886 15 642 15 718 19 323 5 845 17,825 17,228 -10.84°/
Cost when contracting w/Ekocheck 9,647
Notes:
1 of 1 UPTOWN SEWER Ekocheck 2:02 PM 8/11/2015
• Department of Public
W� gton Health and Environment
�""�'V��� Lowell Johnson
Director
Sue Hedlund
Dear Bliss Sewage System Users: �eP�cy��rector
December 2007
The 201 Sewer Use Ordinance adopted in 1986, required that only domestic wastes be discharged
into the sewer system. This letter is a reminder ofi this requirement and will clarify what non-
domestic waste is and how to properly deal with it.
Non-domestic waste is anything not normally used in the household for cleaning. bathing or food
preparation. This includes solvents, fuel, lubricants, non-food acids or bases. pesticides, photo
chemicals, paints and paint stripper. These materials should. if possible, be used up in the manner
for which they are intended, or if they are not useable, they must be disposed of properly. Most of
this material is also not disposable in the household trash, but rather should be taken to The
Washington County Hazardous Waste Faciliry, located in Oakdale. There is no charge to
Washington County residents to use this facility. A brochure showing the location of this facility and
the materials accepted there is enclosed.
The Bliss collector system is different than most municipal sewage systems in that, instead of
discharging to a river, water is returned to the groundwater system very close to where you live. In
fact, the Bliss system discharges treated effluent through soil, to a wetland and in turn to Big Marine
Lake. The Bliss system is also much smaller than a typical municipal system. A gallon of hazardous
material durnped into the Bliss system has thousands of times more effective strength than in a large
municipal system, since the volume for dilution is less. Hazardous materials may endanger
maintenance workers and cause increased corrosion and damage to pumps, wiring and concrete tanks.
The biologic processes used in sewage treatment also may be upset by these wastes.
Effluent monitoring in 2007 showed traces of several compounds not classified as domestic
wastes. Because of this, the MPCA is requiring additional steps to reduce introduction of
hazardous substances into the Bliss system as part of the operating permit. These steps may
include sampling of individual septic tanks to pinpoint the source of these prohibited
compounds and enforcement action. The cost of this increased monitoring and any potential
soil or groundwater cleanup will be passed on to users of the system.
For all the reasons mentioned above, 1 urge your cooperation in keeping these substances out of your
sewage. Please call me at(65l)430-6676 if you have any questions.
Sincerely,
Pete Ganzel
Senior Environmental Specialist, System Operator
Encl.
Government Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006
Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action