HomeMy WebLinkAbout2026.06.15 CC Packet
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. June 1, 2026, Council Meeting
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Nothing Scheduled
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Kimberly Johnson as Associate Member on the Historical Commission
3. Approve Joint Powers Agreement with Lino Lakes for Elmcrest Avenue Improvement
Project
4. Approve Lawful Gambling Exempt Permit for Ducks Unlimited Event on September
20, 2026
5. Approve Special Event Permit Verizon Wireless for Backpack Giveaway on July 26,
2026
6. Approve Proposal from Spheros Environmental to Complete Part 1 of the Wellhead
Protection Plan
Mayor:
Tom Weidt
Councilmembers:
Becky Petryk, Ward 1
Ben Krull, Ward 2
Dave Strub, Ward 3
Mike Miron, At Large
City Council Agenda
Monday, June 15, 2026
Address:
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Phone:
651-762-6300
Website:
www.ci.hugo.mn.us
H. PUBLIC HEARING
1. Nothing Scheduled
I. UNFINISHED BUSINESS
1. Nothing Scheduled
J. NEW BUSINESS
1. Nothing Scheduled
K. VISITOR PRESENTATIONS
1. Nothing Scheduled
L. COUNCIL PRESENTATIONS
1. Nothing Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Nothing Scheduled
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON JUNE 15, 2026
D.1 June 1, 2026 City Council Meeting
Staff recommends Council approve the above minutes as presented.
G. 1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Kimberly Johnson as Associate Member on the Historical Commission
Kimberly Johnson has applied to be a member of the Historical Commission. Kimberly has met
with the Commission who are recommending she be formally appointed. Staff recommends
Council approve the appointment of Kimberly Johnson as an associate member of the Historical
Commission with a term to expire December 31, 2027.
G.3 Approve Joint Powers Agreement with Lino Lakes for Elmcrest Avenue Improvement
Project
The City of Hugo and Lino Lakes mutually agree the paving on Elmcrest Avenue/24th Avenue is
prudent given the existing and future traffic on this gravel roadway. 24th Avenue/Elmcrest
Avenue is a shared roadway with City of Lino Lakes and a Joint Powers Agreement for
improvements and maintenance has been prepared by staff from both communities and identifies
an equal cost share for the road improvements, design and future maintenance responsibilities.
Construction costs are estimated to be $ 684,000 and will be split evenly. The cost share will be
based on actual costs for both construction and engineering for this segment of roadway
only. Staff recommends Council approve the resolution for a Joint Powers Agreement with the
City of Lino Lakes for improvements and maintenance of Elmcrest Avenue/ 24th Avenue.
G.4 Approve Lawful Gambling Exempt Permit for Ducks Unlimited Event on September 20,
2026
Ducks Unlimited Coon Rapids Chapter 187 has applied for a Lawful Gambling Exempt Permit
to hold a bingo and raffles at their event on Sunday, September 20, 2026, to be held at the Hugo
American Legion. The permit will be issued by the MN Gambling Control Board after approval
by the City Council. Staff recommends Council approve the Lawful Gambling Exempt Permit
for Ducks Unlimited.
G.5 Approve Special Event Permit Verizon Wireless for Backpack Giveaway on July 26,
2026
Verizon Wireless, 14755 Victor Hugo Boulevard, has applied for a Special Event Permit for a
Backpack Giveaway event to be held in the parking lot on Sunday, July 26, 2026, from 1-4 p.m.
Verizon has received permission from the chief manager of Victor Hugo Boulevard, LLC, for
use of a portion of the lot for this event. The event requires a Special Event Permit approved by
Council because 200-300 are expected to attend the event. Staff recommends Council approve
the Special Event Permit for the Verizon Backpack Giveaway.
G.6 Approve Proposal from Spheros Environmental to Complete Part 1 of the Wellhead
Protection Plan
The state of Minnesota’s Wellhead Protection (WHP) Program, administered by the Minnesota
Department of Health (MDH), requires all public water suppliers to develop local WHP
programs to protect local groundwater and drinking water sources. The goal of the plan is to
identify and manage potential sources of contamination in areas that supply water to the City’s
wells. These plans are to be amended approximately every 10 years in accordance with the
Minnesota Wellhead Protection Rule (Minnesota Rules parts 4720.5100 to 4720.5590). Staff has
been working with MDH to review the requirements for the amendment to our current WHP
Program. The WHP has two parts. Part 1, in general, includes development of a hydrogeologic
model, assessment of well and aquifer vulnerability and delineation of a Drinking Water Supply
Management Area (DWSMA). Part 2 is planning document, taking information from Part 1, and
identifying management strategies for potential contaminant sources. The City’s deadline to
complete both parts is March 31, 2029. Each part can take approximately one year to complete.
Staff obtained a proposal from Sphero’s Environmental to complete this work in the amount of
$29,400 for Part 1. Sphero’s has completed several Part 1 plans for communities and is qualified
to complete the work. Part 2 will be addressed separately once Part 1 has been completed. Staff
recommends Council approve the proposal from Spheros Environmental to complete Part 1 of
the WHPP.
N. Adjournment
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, June 1, 2026
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call and Pledge of Allegiance
COUNCIL PRESENT: Krull, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City
Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele
Lindau
Approve Minutes for the May 18, 2026, City Administrator Performance Review
Krull made motion, Petryk seconded, to approve the minutes for the City Administrator
performance review on May 18, 2026, as presented.
All Ayes. Motion carried.
Approve Minutes for the May 18, 2026, City Council Meeting
Miron made motion, Strub seconded, to approve the minutes for the City Council meeting held
on May 18, 2026, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Miron seconded, to approve the agenda as presented
All Ayes. Motion carried.
Hugo Yellow Ribbon Network Annual Report - Chair Chuck Haas
Chair Chuck Haas provided an update on the Hugo Yellow Ribbon Network and presented
certificates of appreciation to Burger Night sponsors. He began by thanking the Council and staff
for their support.
Haas discussed the 1,000 pounds of care packages the YRN has sent and presented photos of
care package recipients, including Operation Kinship, as well as photos of items that had been
sent. He also spoke about meat raffles held at the Hugo Legion and at Sal’s Angus Grill in the
fall, winter, and spring.
Council Meeting Minutes for June 1, 2026
Page 2 of 8
He announced all the past year’s sponsors, which included C.G. Hill and Company, Ideal Credit
Union, Honor Fitness, Keystone Place, St. John’s Men’s Club, Bald Eagle Sportsman’s Club,
Hugo Lions, Washington County Sheriff’s Office, and Mueller Memorials. Haas explained that
the Burger Night Sponsor of the Year usually goes to the organization that served the most
burgers, but Culver’s was a significant draw, so he recognized Culver’s along with the
Centerville Lions and Oneka Ridge, which was second in the number of burgers served. Colonel
Kurt Steinmetz from the Minnesota National Guard joined Haas in presenting the awards.
Approval of Consent Agenda
Krull made motion, Petryk seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Mechanic Steven Garcia
3. Approve Annual Performance Review for Public Works Worker Riley Hollerback
4. Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith
5. Approve Donation to the Hugo Fire Department from the Hugo American Legion
6. Approve Special Event Permit for North Star Gay Rodeo on July 25-26, 2026
7. Approve Temporary Liquor License for the North Star Gay Rodeo on July 25- 26, 2026
8. Approve Special Event Permit for Tough Mudder on June 27, 2026
All Ayes. Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Public Works Mechanic Steven Garcia
At its June 6, 2023, meeting, Council approved the hiring of Steve Garcia as the new Public
Works Mechanic beginning June 7, 2023. Adoption of the Consent Agenda approved the
Annual Performance Review for Public Works Mechanic Steve Garcia.
Approve Annual Performance Review for Public Works Worker Riley Hollerback
At its June 6, 2022, meeting, Council approved the hiring of Riley Hollerback as a Public Works
Worker beginning on June 30, 2022. Adoption of the Consent Agenda approved the Annual
Performance Review for Public Works Worker Riley Hollerback.
Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith
Tom Smith was hired by the City of Hugo on June 26, 2000, as a Worker in Public Works
Department and promoted to Streets Lead Worker on April 17, 2023. Adoption of the Consent
Agenda approved the annual performance review for Public Works Streets Lead Worker Tom
Smith.
Council Meeting Minutes for June 1, 2026
Page 3 of 8
Approve Donation to the Hugo Fire Department from the Hugo American Legion
The Hugo American Legion donated $1,000 to the Hugo Fire Department from pull-tab proceeds
for equipment and training. All donations to the Fire Department must be approved by the
Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire
Department.
Approve Special Event Permit for North Star Gay Rodeo on July 25-26, 2026
The North Star Gay Rodeo had applied for a Special Event Permit to hold a regional rodeo at the
Dead Broke Arena site at 5676 170th Street North on July 25-26, 2026. Set up for the event will
take place on July 24. A SEP was required because there will be amplified sound and alcohol
served outside. Adoption of the Consent Agenda approved the SEP for the North Star Gay
Rodeo as outlined in their application and subject to the conditions in the staff memo.
Approve Temporary Liquor License for the North Star Gay Rodeo on July 24- 26, 2026
North Star Gay Rodeo Association had applied for a Temporary On-Sale Liquor License to serve
alcohol at their rodeo event on July 24-26, 2026, at the Dead Broke Arena, 5676 170th Street
North. Staff has received the completed application, fee, and proof of liquor liability insurance.
Adoption of the Consent Agenda approved the Temporary On-Sale Liquor License for the North
Star Gay Rodeo.
Approve Special Event Permit for Tough Mudder on June 27, 2026
Tough Mudder had applied for a Special Event Permit to hold a one-day endurance sport event at
Wild Wings Game Farm on Saturday, June 27, 2026. This will be the tenth year the event has
been held at Wild Wings. A Special Event Permit approved by Council is necessary because
there will be over 200 people in attendance, impacts to public streets, use of an amplified sound
system, and alcohol served. Adoption of the Consent Agenda approved the Special Event Permit
for the Tough Mudder on June 27, 2026, subject to the conditions in the staff memo.
Renewal of IUP for 17627 Henna Avenue North (Ludeke)
Community Development Director Rachel Juba explained that the applicant, Terry Ludeke, is
requesting renewal of an interim use permit (IUP) for a motor vehicle repair business operated as
a home occupation at 17627 Henna Avenue North. Juba presented a map showing the location of
the property and noted that, on the west side of the property, there is a shared driveway from
Henna Avenue owned by Ludeke and shared with the properties to the north.
Juba explained that Ludeke is requesting renewal of the IUP under the same conditions approved
on October 21, 2013, in addition to approval of a site plan to relocate the existing driveway and
install a fence. The IUP was initially approved in July 2011 and has been renewed several times,
mostly through administrative approvals due to a lack of complaints. However, since 2023, staff
Council Meeting Minutes for June 1, 2026
Page 4 of 8
has received three formal complaints concerning hours of operation, improper vehicle storage,
exceeding the number of business-related trips, and business vehicles maneuvering on a
neighbor’s driveway. Staff inspections confirmed noncompliance with vehicle and equipment
storage, though the property was cleaned after letters were sent. The issue of vehicles on the
neighbor’s driveway remains unresolved.
The current IUP is set to expire on June 24, 2026, and a public hearing has been requested for its
renewal. Home occupations, including vehicle repair, are permitted in the district with conditions
to minimize impacts on adjacent properties. Staff believes that the proposed relocation of the
driveway and installation of a fence will reduce impacts on surrounding properties, potentially
resolving the ongoing driveway issue and improving screening of the business operations. The
business continues to operate at the same scale and intensity as originally approved, with no
significant changes proposed other than the inclusion of the new site plan as part of the permit.
Staff supports renewal of the IUP contingent upon completion of the driveway relocation and
fence installation, noting that some plan modifications may be recommended upon further
review. The City Council may approve the renewal of the IUP for a period of up to five years.
Mayor Weidt opened the public hearing.
Terry Ludeke, 17627 Henna Avenue North, owner of Terry’s Repair, explained that he opened
his business in 2008 after purchasing the home in Hugo. John Davis purchased the home
adjacent to his in 2013, and there were no complaints until 2023. Terry stated that his purchase
of additional property to the west of Davis’s, where he keeps his horses, triggered the situation.
Terry described the ten-year friendship they had prior to this, noting that he employed John for a
short time and often helped him. When John complained about driving on his property, Terry
installed signs and speed bumps to slow traffic and reduce dust. He noted that John would often
speed on the road and said he feared for the safety of children who use it. He stated that the IUP
is a public document and, in his view, a basis for ongoing complaints. He felt businesses should
be protected from neighbors unwilling to live in harmony. He added that he supports other local
businesses and submitted a plan to appease neighbors that will cost approximately $40,000. He
did not believe his business was the root of the problem, noting that complaints did not begin
until 2023. He explained how his business helps farmers and other businesses in the community,
including the City of Hugo, and requested that his permit be renewed for five years.
John Davis, 17527 Henna Avenue North, acknowledged there were many people present who
would vouch that Terry is a good person. He said it has been difficult living next to a commercial
site and that records show the IUP has been contentious since its origin, with issues persisting to
this day. He stated that, notwithstanding the zoning provision, the area is residential. He said
Terry’s business is not a small auto repair operation but a large-scale, 24/7 repair facility for
large equipment. He referenced the original IUP, stating there were 17 provisions for the use and
that 14 have not been complied with. He expressed concern that the facility will continue to
expand beyond what is acceptable for rural residential areas, impacting quality of life and
property values. He stated he is subject to a constant barrage of noise. He explained efforts to be
a good neighbor, including installing trees and fencing for screening and buffering. He said he
had requested that tractor-trailers not park on his property and described an incident in which a
40-foot trailer blocked his driveway, resulting in Washington County issuing a trespass notice.
Council Meeting Minutes for June 1, 2026
Page 5 of 8
He also described incidents of harassment, stating this is not consistent with being a good
neighbor. He concluded that whether Terry is a good person is irrelevant, as the facility is not
compatible with a residential environment.
Art Ludeke, Terry’s father, stated that John speeds on the road. He said Terry installed speed
bumps, owns the road, pays the taxes, and maintains it, while John has an easement. He added
that Terry has been in business for 15 years, is an asset to the community, and spends significant
money locally. He stated that issues began after John stopped working for Terry and Terry
purchased the property west of John’s. He noted that Terry is installing a $40,000 driveway to
address concerns. Art expressed support for a five-year renewal and said requiring inspections
every three months seemed like harassment.
Cory Triemert, 17525 Henna Avenue North, stated he supports the business and sees no issues.
He said the shop has been a positive asset, with Terry contributing to the City, farmers, and
agricultural activity. He emphasized the importance of keeping services local and stated the shop
operates responsibly. He said forcing changes would increase costs, cause downtime, and burden
operations.
Brent Krause, 17590 Henna Avenue North, stated he has no issues as Terry’s neighbor and that
Terry is willing to help others. He questioned whether there was more than one complainant,
noting that no one he knew had concerns.
Brent Husfeldt, 7495 195th Street North, Forest Lake, said he lives on a dead-end road with
many issues, stating that it is part of living in the country. He discussed plowing his field at night
and receiving complaints from neighbors. He said he has known Terry since he moved in. He
commented on neighbors driving 30–50 miles per hour down the road, stating traffic has slowed
since Terry installed the speed bumps. He said Terry gets along with everyone except one
neighbor and that getting along with neighbors is part of living in the country.
Frank Puleo, 6375 165th Street North, a former Council member, said he served on the
committee that drafted the IUP ordinance. He stated that economic conditions and timing can
make compliance difficult and that new neighbors may object to existing uses. He expressed
support for a five-year renewal.
John Lutz, 8050 157th Street North, explained he has farmed in Hugo since he was a child and
has seen many changes, including times when he received complaints about his business. He
commented that Terry works on large vehicles that would not be appropriate to repair in a typical
in-town garage. He described times Terry had helped him and said he is trying to protect his
business just as Terry is trying to protect his.
Jeremy L’Allier, 7130 177th Street North, stated he was the first to receive an IUP, which was
issued for two years. He said every two years he had to go through a rigorous renewal process
and questioned whether the standards shift when complaints are made. He said it is difficult to
remain compliant when expectations change.
Joe Riel, 1627 County Road H2, White Bear Township, owner of White Bear Lawn and Snow,
Council Meeting Minutes for June 1, 2026
Page 6 of 8
said he provides plowing services at a school and, when he has an issue with a machine, Terry is
available to fix it in the middle of the night so he can complete his work. He said he has seen
Hugo change and questioned who would be impacted next if Terry’s business were no longer
allowed. He noted that supply chain issues since COVID have made parts difficult to obtain,
resulting in temporary vehicle storage. He said Terry supports the broader community.
Art Ludeke added that parts shortages can require temporary increases in vehicle storage and
stated there should be reasonable flexibility. He reiterated support for a five-year permit.
John Davis showed a picture of what he sees when looking out his window. It depicted a large
piece of equipment. He stated he did not want Terry to go out of business but did not want that
view from his home. He said the proposed plan would mitigate many concerns but remained
concerned about enforcement.
Brent Krause commented that the photograph appeared to have been taken from Davis’s
driveway.
Joe Wewers, 21118 Everton Avenue North, Forest Lake, said Terry is a valuable asset and that
the photo reflects normal circumstances when equipment is being repaired. He discussed
operating a tree nursery with his father for 40 years and the changes they have experienced. He
said they have helped Terry with landscaping and could add more trees to improve screening.
Matt Rehbein, 5225 217th Street, Forest Lake, stated that the photo Davis presented showed his
equipment and that he was present to perform work. He added that he supports a five-year
permit.
Dan Starks, 20010 Jeffrey Avenue North, Forest Lake, stated he has worked with Terry and
clarified that the business does not operate 24/7, but typically from 7:00 a.m. to 5:00 p.m. He
described Terry as a valuable community asset.
Mayor Weidt stated he had visited the property and observed that fence and turnaround
improvements were underway and that signage had been installed near Davis’s driveway. He
asked Terry if he agreed to the proposed conditions, and Terry confirmed, noting work had
already begun with an August completion target.
There were no further comments, and Mayor Weidt closed the public hearing.
Petryk stated she served on the Council when the original IUP was approved and recalled few
complaints at that time. She discussed the City’s balance between urban development and
preserving rural character and stated that access to large equipment repair is valuable. She
acknowledged impacts but noted that Terry owns and maintains the road. She expressed support
for the applicant and appreciation for the proactive improvements.
Strub questioned whether approval should be for one year or five years under the new conditions.
He suggested a one-year term with the option to extend if compliance is achieved, stating this
approach would ensure completion of required improvements.
Council Meeting Minutes for June 1, 2026
Page 7 of 8
Miron asked how noncompliance would be addressed. Juba explained that it would follow
standard code enforcement procedures, with staff attempting resolution before returning to
Council for possible revocation if necessary.
Petryk asked how long the permit had been administratively approved. Juba responded that it had
been since 2013. Petryk noted this was the first time complaints had escalated to Council review.
Krull stated he appreciated the feedback and recognized the service provided to the community.
He noted that Davis appeared supportive of the proposed improvements but concerned about
enforcement. Krull stated he preferred a five-year approval with enforcement handled as needed
rather than revisiting the issue annually.
Weidt questioned whether, if approved for one year and all conditions were met, staff could
administratively approve it. Juba responded that the same process would be followed: notices
would go out to the public, City Council, and Planning Commission, and a public hearing would
only be held if requested. Bear confirmed this has been the standard renewal process.
Weidt recalled concerns about the driveway in prior years and stated that installing the new
driveway and turnaround would make a significant difference. He said he felt Davis wants to
control what he sees and hears from beyond his property. He noted that Terry’s business has
operated since 2011 and that changes have been made to address concerns, with significant
investment in improvements. He stated that neighbor conflicts can persist but believed the
proposed improvements would help resolve the situation. He emphasized the importance of
mutual respect among neighbors. He supported a five-year permit with a deadline of September
1 to complete the work.
Miron questioned whether a five-year permit could be automatically granted if the changes are
completed by the August deadline.
Bear clarified that a five-year approval could be granted with a condition that, if the work is not
completed by August 1, the matter could be brought back to Council. Bear also suggested tabling
the application until after the improvements are completed, after which it could return to Council
on the Consent Agenda without a public hearing, subject to the applicant’s consent.
Weidt asked Terry if he understood that if the item is tabled, it would return to Council for a
five-year approval upon completion of the work. Terry confirmed.
City Attorney Dave Snyder summarized that the IUP would convert to a five-year term subject to
staff confirmation that all conditions have been met by September 1 and subsequent Council
approval on the Consent Agenda.
Weidt made motion, Petryk seconded, to table the item.
All Ayes. Motion carried.
Council Meeting Minutes for June 1, 2026
Page 8 of 8
Adjournment
Miron made motion, Petryk seconded, to adjourn at 8:48 p.m.
All Ayes. Motion carried
.
Respectfully Submitted, Michele Lindau, City Clerk
City of Hugo Claims
June 15, 2026 G. 1
Vendor Invoice Amount Description Department
A Hard Days Night Tribute to the Beatles LLC HUGO 3,000.00$ Band for Concert in the Park at Lions Park Parks Dept
Abdo Financial Solutions LLC 523119 3,210.00$ Accounting Assistance Finance Dept
Amazon Capital Services 1Q4P-JTRH-3J37 67.43$ Fire Department Open House Supplies Fire Dept
Amazon Capital Services 1Q4P-JTRH-3J37 36.17$ Restroom Supplies Public Works
Amazon Capital Services 1Q4P-JTRH-3J37 29.96$ Tape & Fingertip Grips Public Works
Amazon Capital Services 196R-3636-CJYJ 127.57$ Shop Tools Public Works
Amazon Capital Services 196R-3636-CJYJ 16.79$ Restroom Repair Supplies - PPP Parks Dept
Amazon Capital Services 196R-3636-CJYJ 9.99$ Mailbox Repair Supplies Street Dept
Arnt Construction Company Inc 32322 10,950.28$ Class 6 Gravel Street Dept
Baker Tilly Municipal Advisors LLC BT3653157 2,275.00$ Continuing Disclosure Services Finance Dept
Century Link 651 429-3212 79.83$ Fire Station Phone Lines Fire Dept
Cintas Corporation 5338274509 238.66$ First Aid Supplies Public Works
Cintas Corporation 5338274509 146.00$ First Aid Supplies Gen Gov't Bldgs
City of St. Paul IN65339 633.99$ Asphalt Street Dept
Comcast 5/18/2026 274.14$ Business Internet (thru June 27)Fire Dept
Companion Animal Control LLC May 170.00$ Callout Fees & Mileage Animal Control
Companion Animal Control LLC May 300.00$ Boarding & Rescue Fees Animal Control
Earl F. Andersen 0142868-IN 55.00$ Street Sign Plates Street Dept
Gene's Disposal Service Inc 541268 3,463.00$ Trash & Appliance Removal - Cleanup Day Recycling
Gene's Disposal Service Inc 541400 128.93$ June Waste Hauling - City Hall Gen Gov't Bldgs
Gene's Disposal Service Inc 541400 273.97$ June Waste Hauling - Fire Station Fire Dept
Gene's Disposal Service Inc 541400 1,137.95$ June Waste Hauling - PW Facility Public Works
Gene's Disposal Service Inc 541400 269.07$ June Waste Hauling - Rice Lake Room Gen Gov't Bldgs
Gene's Disposal Service Inc 541400 479.61$ June Waste Hauling - Lions Park Parks Dept
Gene's Disposal Service Inc 541400 269.07$ June Waste Hauling - Hanifl Fields Parks Dept
Gopher State One Call 6050491 598.05$ May Service Charges Water & Sewer
Gort, Max CLAIM 46.20$ Meeting Mileage (Sensible Land Use Coalition)Planning & Zoning
Granicus Inc 229834 12,368.89$ Web Streaming Service (05/07/26 thru 05/06/27)Audio/Video
Hawkins Inc 7433788 7,897.60$ Water Chemicals Water Utility
Home Depot Credit Services 6523148 119.82$ Trash Bags Parks Dept
Home Depot Credit Services 6523148 13.96$ Shop Supplies Public Works
Hugo Equipment Company 229422 59.97$ Small Engine Oil Parks Dept
Hydraulic Specialty Inc 90007917061 934.92$ Repairs - Unit #340-07 Streets Dept
Jefferson Fire & Safety Inc IN339320 395.46$ Parts - Unit #7103-08 Fire Dept
Jefferson Fire & Safety Inc IN339320 72.53$ Harrington Swivel Adapter Fire Dept
Jefferson Fire & Safety Inc IN339320 43.93$ Hydrant Wrench Fire Dept
Jefferson Fire & Safety Inc IN340203 125.60$ Glove Straps (15)Fire Dept
Johnson/Turner April 5,880.00$ Prosecution Fees (Flat Fee)General Legal
Johnson/Turner April 340.00$ Disbursements (Prosecution Costs)General Legal
Johnson/Turner April 21,107.00$ Civil Legal Fees - See Attached Breakdown General Legal
Kath Fuel Oil Service Co.10308 7,131.45$ April Unleaded Gas & Diesel Purchases Various
Kath Fuel Oil Service Co.10308 10,855.85$ May Unleaded Gas & Diesel Purchases Various
Kath Fuel Oil Service Co.10388 5,895.99$ Bulk Lubricants Public Works
Kraft Mechanical LLC 44632 5,006.25$ Furnace & A/C Replacements - 14 Units (CH) (Final)Gen Gov't Bldgs
Lincoln National Life Insurance Co.June 1,154.70$ Disability Premium Finance Dept
LRS Portables of Minnesota MP299856 130.00$ Toilet Rental - Oakshore Park Parks Dept
LRS Portables of Minnesota MP299857 130.00$ Toilet Rental - Oneka Park Parks Dept
LRS Portables of Minnesota MP299858 130.00$ Toilet Rental - Beaver Ponds Park Parks Dept
LRS Portables of Minnesota MP299859 130.00$ Toilet Rental - Diamond Point Park Parks Dept
LRS Portables of Minnesota MP299860 130.00$ Toilet Rental - Frog Hollow Parks Dept
LRS Portables of Minnesota MP299861 260.00$ Toilet Rental - Hanifl Park West Parks Dept
LRS Portables of Minnesota MP299862 130.00$ Toilet Rental - Valjean Park Parks Dept
LRS Portables of Minnesota MP299863 130.00$ Toilet Rental - Arbre Park Parks Dept
LRS Portables of Minnesota MP299864 130.00$ Toilet Rental - Heritage Ponds Park Parks Dept
LRS Portables of Minnesota MP299865 130.00$ Toilet Rental - McCollar Park Parks Dept
LRS Portables of Minnesota MP299866 130.00$ Toilet Rental - Arcand Park Parks Dept
LRS Portables of Minnesota MP299867 70.00$ Toilet Rental - Irish Ave Park Parks Dept
LRS Portables of Minnesota MP299868 260.00$ Toilet Rental - Hanifl Park East Parks Dept
Marco INV15313385 77.54$ June Copier Maintenance Building Inspections
Martin Marietta Materials 49363152 122.25$ Asphalt Street Dept
Martin Marietta Materials 49377921 159.74$ Asphalt Street Dept
Menards 79603 128.04$ Fire Department Supplies Fire Dept
Menards 79913 255.36$ Concrete Mix - Oneka Lake Park Bench Pad Special Park Fund
Menards 79913 47.98$ Shop Tools Public Works
Menards 80409 19.58$ Irrigation Supplies Parks Dept
Menards 80409 10.98$ Shop Tools Public Works
Metro-INET 3514 13,019.00$ June Computer Service Various
Niebur Tractor & Equipment 01-219386 775.05$ Parts - Unit #343-20 Parks Dept
Niebur Tractor & Equipment 01-219528 210.05$ Parts - Unit #343-20 Parks Dept
Olson Power & Equipment Inc P30670 381.80$ Parts - Unit #343-20 Parks Dept
Olson Power & Equipment Inc P30824 889.87$ Parts - Unit #343-20 Parks Dept
Olson Power & Equipment Inc P31040 517.38$ Parts - Unit #343-20 Parks Dept
Olson's Sewer Service Inc 108448 8,018.21$ PW Septic System - Pump, Pipe, Filter & Labor Public Works
Oxygen Service Company 3651744 160.25$ Welding Supplies Public Works
Peterson Companies 63320 697.18$ Lions Park Irrigation Start Up & Repairs Parks Dept
Pipe Services 1220 19,639.08$ Televise Sanitary Sewer - Bald Eagle Industrial Park Improvements Street Reconstruction
Press Publications 852515 466.00$ Seasonal Public Works Position Notice Ordinances/Proceedings
Press Publications 858963 54.99$ Consumer Confidence Report Notice Water Utility
SafeAssure Consultants Inc 4024 5,376.02$ Annual Safety Training Public Works
SealTech Inc 1821 66,797.35$ Farnham Avenue Trail Replacement Street Reconstruction
SiteOne Landscape Supply LLC 166835280-001 29.72$ Herbicide Parks Dept
Page 1
City of Hugo Claims
June 15, 2026 G. 1
Vendor Invoice Amount Description Department
SiteOne Landscape Supply LLC 167088409-001 203.18$ Raingarden Supplies Gen Gov't Bldgs
Stanley Access Technologies Inc 90149174 2,035.80$ Repairs - Touchless Door Openers (CH)Gen Gov't Bldgs
Stanley Access Technologies Inc 90152356 399.00$ Repairs - Touchless Door Openers (CH)Gen Gov't Bldgs
TASC IN3732022 50.00$ June Cobra Administration Fee Finance Dept
T-Mobile 870254054 473.37$ Cellular Phone Charges Various
T-Mobile 870254054 30.22$ Tower No. 4/Well No. 6 Cradlepoint Water Utility
T-Mobile 870254054 21.97$ Rice Lake Centre Cradlepoint Administration
T-Mobile 870254054 40.25$ Hanifl Cradlepoint Parks Dept
Toshiba Financial Services 5038765955 148.74$ June Lease Payment Fire Dept
Toshiba Financial Services 5038765955 39.89$ Overage Charges (Color)Fire Dept
Toshiba Financial Services 5038765955 1.47$ Overage Charges (B & W)Fire Dept
Twin City Garage Door Co 451546122 695.00$ Test Fire Shutters (CH)Gen Govt Bldgs
Uline 208251436 322.09$ Poly Sheeting Fire Dept
UniFirst Corporation 1410227880 134.44$ Uniforms, Supplies & Floor Mat Services (PW)Public Works
UniFirst Corporation 1410229572 29.77$ Restroom Supplies & Floor Mat Services (CH)Gen Gov't Bldgs
UniFirst Corporation 1410229585 136.28$ Uniforms, Supplies & Floor Mat Services (PW)Public Works
UniFirst Corporation 1410230635 134.89$ Uniforms, Supplies & Floor Mat Services (PW)Public Works
UniFirst Corporation 5410005616 1.13$ Restroom Supplies & Floor Mat Services (CH)Gen Gov't Bldgs
Verizon Wireless 6144363285 866.91$ Cellular Phone Charges Various
Wright, Gregory May 2,310.00$ May Cleaning Services (PPP)Parks Dept
WSB & Associates March 149,043.50$ Engineering Fees - See Attached Breakdown Various
WSB & Associates April 127,937.00$ Engineering Fees - See Attached Breakdown Various
Xcel Energy 51-0013986182-3 42,509.55$ Fenway Blvd Streetlight Installation - Bald Eagle Industrial Park Improvements Street Reconstruction
554,998.45$ Total Claims for June 15, 2026
Page 2
Project Budget Tracking
For the period 4/1/2026 - 4/30/2026
Project Name
WSB
Project #
Project
Manager
Current
Invoice Fee Type
JTD
Billed Budget Comments
Client Invoice
Reviewer
2026 LGU Services Havranek, Anthony $ 936.00 $ 6,632.25 $ - Juba, Rachel
HUGO - 165th Street Area Study Harwood, Alison $ 732.75 $ 141,191.25 $ 142,200.00 Juba, Rachel
HUGO - 2025 Beaver Ponds Area Street Improvement Project Erichson, Mark $ 1,141.75 $ 112,107.25 $ 198,947.00 Anderson, Scott
HUGO - 2025 Duck Pass, Palme Long Lake Estate, and Ingersoll Neighborhood Improvement Project Erichson, Mark $ 1,805.50 $ 109,801.10 $ 178,177.00 Anderson, Scott
HUGO - 2026 Bald Eagle Industrial Park Area Street Improvement Project Erichson, Mark $ 44,576.00 $ 534,793.99 $ Anderson, Scott
HUGO - 2026 General Engineering Services Erichson, Mark $ 9,309.75 $ 31,757.50 $ 91,640.00 Bear, Bryan
HUGO - 2026 GIS Services Pittman, Bryan $ 601.00 $ 1,083.00 $ 15,000.00 Bear, Bryan
HUGO - 2026 Oneka Lake Reserve Erichson, Mark $ 1,094.25 $ 1,094.25 $ (6&52:Juba, Rachel
HUGO - Fable Hill Bridge Hornby, Paul $ 55,656.25 $ 166,352.94 $ Anderson, Scott
HUGO - Forest Road Bridge Hornby, Paul $ 2,993.75 $ 109,199.00 $ Anderson, Scott
HUGO - Kwik Trip - 159th Street Keller, Kris $ 142.50 $ 9,413.25 $ (6&52:Juba, Rachel
HUGO - MS4 Support Bonnell Roe, Kory $ 658.75 $ 16,811.00 $ +285/<Juba, Rachel
HUGO - Shores of Oneka Lake North Erichson, Mark $ 6,483.00 $ 7,499.25 $ (6&52:Juba, Rachel
HUGO - WCA- 25.13 Busy B Boundary and Type Havranek, Anthony $ 60.25 $ 3,101.25 $ 1,499.84 Juba, Rachel
HUGO - WHP Amendment Bisson, Shibani $ 1,446.50 $ 2,361.75 $ Anderson, Scott
Hugo Lions Memorial Amberg, Candace $ 299.00 $ 299.00 $ 21,000.00 Denaway, Shayla
Final Totals $ 127,937.00
R-035689-000 Not to Exceed
R-035285-000 Hourly
R-031981-000 Not to Exceed
R-035454-000 Hourly
R-024016-000 Hourly
R-032337-000 Hourly
R-022684-000 Hourly
R-023811-000 Hourly
R-035687-000 Hourly
R-032740-000 Hourly
R-031774-000 Hourly
R-028436-000 Not to Exceed
R-026750-000 Hourly
R-026749-000 Hourly
R-028899-000 Not to Exceed
R-032972-000 Hourly
Page 1 of 1
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF LINO LAKES
AND THE CITY OF HUGO
REGARDING 24TH AVENUE / ELMCREST AVENUE STREET AND UTILITY
IMPROVEMENTS AND MAINTENANCE
THIS AGREEMENT is made and entered into on the latest date set forth below by and
between the City of Hugo and the City of Lino Lakes, both of which are municipal
corporations under the laws of the State of Minnesota.
RECITALS:
WHEREAS, the City of Lino Lakes (hereinafter described as “Lino Lakes”) is
constructing the Otter Lake Road Extension project, (the “Extension Project”) from
where it exists today (300 feet north of Main Street) to 400 feet north of Heritage
Parkway, as shown in the attached Exhibit A; and
WHEREAS, the City of Hugo (hereinafter described as “Hugo”) and Lino Lakes have
determined it be in the best interest of Hugo and Lino Lakes to pave Elmcrest Avenue /
24th Avenue from approximately 400 feet north of Heritage Parkway to Washington
County Road 4A / Anoka County Road 140 (the “Overlay Project”), as shown in the
attached Exhibit B (the area to be improved hereinafter referred to as the “Roadway
Improvements”); and
WHEREAS, 24th Avenue / Elmcrest Avenue is a border roadway between Lino Lakes
and Hugo, and Lino Lakes and Hugo recognize and acknowledge that the Overlay Project
will benefit both Lino Lakes and Hugo; and
WHEREAS, a portion of the Overlay Project is to be constructed within the corporate
limits of Lino Lakes and a portion is to be constructed within the corporate limits of
Hugo, as shown in the attached Exhibit B; and
WHEREAS, subject to the terms hereof, Lino Lakes is assuming responsibility for the
design and construction of the Overlay Project to be built both within the corporate limits
of Lino Lakes and Hugo; and
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the
sufficiency of which is acknowledged by the parties, Lino Lakes and Hugo agree as
follows:
SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the terms of the
agreement Lino Lakes and Hugo have reached regarding the design, construction,
maintenance, and financing of the Overlay Project both within the corporate limits of
Lino Lakes and Hugo, in accordance with Minnesota Statutes, Section 471.59.
2
SECTION 2. TERM. This Agreement shall become effective upon execution by both
Parties and shall remain in effect until terminated by mutual written agreement of the
Parties, or as otherwise expressly provided herein. The provisions of this Agreement
relating to payment obligations, maintenance responsibilities, and cost reconciliation
shall survive completion of the Overlay Project and any termination of this Agreement to
the extent applicable.
SECTION 3. DESIGN AND CONSTRUCTION.
A. Design. Lino Lakes shall be responsible for the design and construction of both
the portion of the Overlay Project located within Hugo and the portion of the
Overlay Project located within Lino Lakes. Therefore, the parties agree that:
1) Lino Lakes shall design the Overlay Project, administer the construction,
and conduct inspections of the construction process. Hugo shall have the
right to inspect, review, and comment upon construction of the Overlay
Project. Hugo shall have the right to review and approve the final plans
and specifications prior to Lino Lakes submitting the advertisement for
bids, with such approval not being unreasonably withheld, delayed, or
conditioned.
2) For purposes of performing its obligations under this Agreement, Hugo
hereby grants to Lino Lakes the right to use the streets, public ways, and
easements of Hugo for purposes of constructing the Extension Project and
Overlay Project, including any excavations necessary to perform work
incidental to the performance of this agreement.
3) Lino Lakes and Hugo agree to notify property owners in their own
communities of the construction Overlay Project scope and schedule.
4) The project is planned to be constructed within existing public right of
way. Stormwater management will be coordinated between Lino Lakes
and Hugo during the design. Lino Lakes will obtain the Rice Creek
Watershed District permit, if necessary.
B. Cost Sharing. Hugo shall be responsible for fifty percent (50%) of the engineering
costs and fifty percent (50%) of the construction costs of the Overlay Project.
Estimated project costs and each Party’s respective share shall be set forth in
Exhibit C, which may be updated to reflect actual bid prices and project phasing.
Lino Lakes shall invoice Hugo for one hundred percent (100%) of Hugo’s share
of design engineering costs upon completion of design engineering services.
Hugo shall pay such invoice within thirty (30) days of receipt.
With respect to construction engineering and construction costs, Hugo shall pay
ninety percent (90%) of its estimated share, as updated based on awarded bid
3
prices, no later than May 30 of the year in which construction is anticipated to
occur. The remaining ten percent (10%) of Hugo’s share shall be reconciled and
paid based on actual costs incurred upon final completion of the Overlay Project,
as provided herein. Final project costs shall be determined upon completion of the
Overlay Project, and any necessary adjustments to Hugo’s estimated share shall
be made through a credit or additional payment as part of the final cost
reconciliation.
C. Termination Prior to Award of Contract. Each city has the right to terminate this
Agreement prior to award of a construction contract within 15 days after the
opening of bids for the construction contract. The terminating party is responsible
for all design costs incurred up to the date of termination.
D. City Council Approval. Before this Agreement shall become binding and
effective, it shall be approved by appropriate resolutions of the City Councils of
Hugo and Lino Lakes, which resolutions shall be attached hereto as Exhibits D
and E, respectively.
E. Change Orders. Any change order that affects the scope or cost of the Overlay
Project within the project area subject to this Agreement shall require the prior
written approval of both Lino Lakes and Hugo. Approved change orders shall be
incorporated into the Project and the costs associated therewith shall be shared
equally by the Parties, with Hugo responsible for fifty percent (50%) and Lino
Lakes responsible for fifty percent (50%) of such costs.
SECTION 4. STREET MAINTENANCE AND IMPROVEMENTS
A. Routine Maintenance. After each City’s written acceptance of the Overlay
Project’s Roadway Improvements, Lino Lakes shall, at its sole cost and expense,
perform routine, day-to-day maintenance of the Roadway Improvements
(“Routine Maintenance”) as Hugo is currently providing this maintenance to the
north shared section between 170th Street and 180th Street, the section from
Heritage Parkway south to CSAH 8/CSAH 14, as well as the south shared section
of Elmcrest/24th Avenue between Fable Hill Parkway and 65th Street N. Routine
Maintenance includes, but is not limited to: snow plowing, street sweeping, minor
patching, signage, striping, crack filling, and other customary municipal roadway
maintenance activities. Routine Maintenance shall be performed in a manner
consistent with Lino Lakes customary municipal practices and standards for
similar roadway facilities. Nothing herein shall be construed to require
maintenance at a level exceeding Lino Lakes standard practices. Hugo shall
continue to be responsible for annual bridge inspections over Hardwood Creek
and Judicial Ditch 2.
B. Overlay and Capital Improvements. Lino Lakes and Hugo acknowledge that
certain work exceeds Routine Maintenance and constitutes capital maintenance or
improvement work, including without limitation mill and overlay, reclamation, or
4
other significant resurfacing of the Roadway Improvements (collectively referred
to as “Overlay and Capital Improvements”). Any determination that an Overlay
and Capital Improvements project is necessary shall be made jointly by Lino
Lakes and Hugo. The Parties shall coordinate in good faith to evaluate roadway
condition, scope, timing, and estimated costs prior to proceeding with any
Overlay and Capital Improvements. The costs of any bridge repairs and bridge
maintenance associated with the Roadway Improvements shall be shared equally
by the Parties, with Lino Lakes and Hugo each responsible for fifty percent (50%)
of such costs; provided, however, that no such bridge repair or maintenance work
shall be undertaken, nor shall either Party be obligated to share in the cost thereof,
unless approved in writing by the Parties’ respective City Councils in a manner
consistent with the approval requirements for Overlay and Capital Improvements
set forth herein.
No Overlay and Capital Improvements shall be undertaken, nor shall either Party
be obligated to share in the cost thereof, unless the Parties’ respective City
Councils mutually agree in writing that such work is necessary and approve the
general scope and cost estimate. Upon mutual agreement, Lino Lakes and Hugo
shall equally share the costs of Overlay and Capital Improvements. Each Party
shall pay its share within forty-five (45) days after receipt of written invoice and
reasonable documentation of the Overlay and Capital Improvements, with such
documentation including, at a minimum, a summary of project costs, copies of
contractor invoices or pay applications, and such other supporting materials as are
reasonably necessary to substantiate the invoiced amount.
C. Ditch System. Lino Lakes shall maintain the westerly ditch system of the
Roadway Improvements, and Hugo shall maintain the easterly ditch system of the
Roadway Improvements. The maintenance of the culverts located under the
roadway, connecting the westerly ditch and easterly ditches, shall be performed
by Hugo, and the costs of such maintenance, including materials and labor, shall
be shared equally by the Parties, with Hugo and Lino Lakes each responsible for
fifty percent (50%).
SECTION 5. MISCELLANEOUS PROVISIONS
A. No Waiver of Immunities. Nothing in this Agreement is intended to, nor shall it
be construed to, waive or limit any statutory or common-law immunities,
defenses, or limitations of liability available to either Party under Minnesota law.
B. Insurance. Each Party shall maintain insurance coverage as required by law and
consistent with its customary practices. Upon reasonable request, a Party shall
provide evidence of such coverage to the other Party.
C. Amendments. This Agreement may be amended or modified only by a written
agreement executed by authorized representatives of both Parties and approved by
their respective City Councils.
5
D. Written Approval. Each Party shall designate an authorized staff representative
responsible for coordination, communication, and administration under this
Agreement. Such designation may be made by title or position and may be
changed from time to time upon written notice to the other Party. Authorized
representatives may act on behalf of their respective Parties for routine
administrative matters consistent with this Agreement.
E. Notices. All notices required or permitted under this Agreement shall be in
writing and shall be deemed given when personally delivered or when deposited
in the United States mail, postage prepaid, addressed to the City Clerk or other
designated official of the respective Parties at their principal offices, or at such
other address as a Party may designate by written notice.
F. Severability. If any provision of this Agreement is determined to be invalid or
unenforceable, such determination shall not affect the validity or enforceability of
the remaining provisions, which shall remain in full force and effect.
G. Entire Agreement. This Agreement constitutes the entire understanding between
the Parties relating to the subject matter hereof and supersedes all prior
negotiations, representations, or agreements, whether written or oral.
[signature page to follow]
6
IN WITNESS WHEREOF, Hugo and Lino Lakes have caused this Agreement to be
executed by the proper officers.
CITY OF HUGO CITY OF LINO LAKES
______________________ ________________________
Mayor Mayor
Attest: Attest:
______________________ ________________________
City Clerk City Clerk
______________________ ________________________
Date Date
7
Exhibit A
Overview of the Extension Project
8
Exhibit B
Overview of the Overlay Project area with outline of corporate limits
9
Exhibit C
Estimate of Overlay Project cost share
10
Exhibit D
Lino Lakes approval resolution
11
Exhibit E
Hugo approval resolution
CITY OF HUGO
RESOLUTION NO 2026-
APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF HUGO
AND THE CITY OF LINO LAKES
REGARDING 24TH AVENUE / ELMCREST AVENUE STREET IMPROVEMENTS
AND MAINTENANCE
WHEREAS, the City of Lino Lakes is constructing the Otter Lake Road Extension
project, from where it exists today, 300 feet north of Main Street to 400 feet north of Heritage
Parkway; and
WHEREAS, the City of Hugo and the City of Lino Lakes have determined it be in the
best interest of Hugo and Lino Lakes to pave Elmcrest Avenue / 24th Avenue from
approximately 400 feet north of Heritage to Washington County Roade 4A / Anoka County Road
140; and
WHEREAS, 24th Avenue / Elmcrest Avenue is a boarder roadway where Lino Lakes
and Hugo recognize and acknowledge that the Project will benefit both Lino Lakes and Hugo;
and
WHEREAS, a portion of the Project is to be constructed within the corporate limits of
Lino Lakes and a portion is to be constructed within the corporate limits of Hugo; and
WHEREAS, subject to the terms of the Agreement, Lino Lakes is assuming
responsibility for the design and construction of the Project to be built both within the corporate
limits of Lino Lakes and Hugo; and
WHEREAS, THE City of Hugo has planned for this improvement as part of Capital
Improvement Planning and has funds budgeted for this expenditure; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Hugo, Minnesota,
that the Council hereby approves the Joint Powers Agreement with the City of Lino Lakes and
authorizes the Mayor and City Clerk to execute the agreement on behalf of the City, subject to
any non-substantive changes to the agreement approved by the City Attorney and City
Administrator.
Adopted by the City Council of the City of Hugo this 15th day of June 2026.
___________________________
Tom Weidt, Mayor
ATTEST:
___________________________
Michele Lindau, City Clerk
June 5, 2026
Honorable Mayor and City Council
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Wellhead Protection Plan Amendment
Approve Proposal from Spheros Environmental for WHP Part 1
WSB Project No. 026749-000
Dear Mayor and Council,
The state of Minnesota’s Wellhead Protection (WHP) Program, administered by the Minnesota
Department of Health (MDH), requires all public water suppliers to develop local WHP programs
to protect local groundwater and drinking water sources. The goal of the plan is to identify and
manage potential sources of contamination in areas that supply water to the City’s wells.
The City currently has a WHP Plan from 2015 and information for that plan is located on the
City’s website. These plans are to be amended approximately every 10 years in accordance with
the Minnesota Wellhead Protection Rule (Minnesota Rules parts 4720.5100 to 4720.5590).
Staff has been working with MDH to review the requirements for the amendment. The WHP has
two parts. Part 1, in general, includes development of a hydrogeologic model, assessment of well
and aquifer vulnerability and delineation of a Drinking Water Supply Management Area
(DWSMA). Part 2 is planning document, taking information from Part 1, and identifying
management strategies for potential contaminant sources. The City’s deadline to complete both
parts is March 31, 2029. Each part can take approximately one year to complete.
The first step is to complete Part 1 per the attached MDH Scoping Decision Notice No. 1. Staff
obtained a proposal from Sphero’s Environmental to complete this work in the amount of
$29,400. Sphero’s has completed several Part 1 plans for communities and is qualified to
complete the work. Staff recommends approval of the proposal from Spheros Environmental to
complete Part 1 of the WHPP.
If you have any questions or items you wish to discuss, you can contact me at 612-360-1278.
Sincerely,
WSB
Mark Erichson, PE
City Engineer
Attachments:
MDH Scoping Decision Notice No. 1
Honorable Mayor and City Council
June 5, 2026
Page 2
Spheros Environmental Proposal- WHPP Part 1
cc: Bryan Bear, City Administrator, City of Hugo
Scott Anderson, Public Works Director, City of Hugo
Liz Finnegan, Senior Engineering Technician, City of Hugo
An equal opportunity employer.
Protecting, Maintaining and Improving the Health of All Minnesotans
April 23, 2026
Scott Anderson, Public Works Director City of Hugo 8220 140th Street North Hugo, Minnesota 55038
Dear Scott Anderson,
Subject: Scoping Decision Notice No. 1 for the City of Hugo, PWSID 1820007
This letter provides notice of the results of the Scoping 1 Meeting held between you, Shibani Bisson (City
of Hugo), Abby Shea, and me (Minnesota Department of Health) on April 8, 2026, regarding wellhead
protection planning. In general, the preparation of Part 1 of a Wellhead Protection Plan (WHPP) that will
document the 1) delineation of a wellhead protection area, 2) delineation of a drinking water supply
management area, and 3) assessments of well and aquifer vulnerability related to these areas for the
primary water supply wells that are used by the study area communities. The wellhead protection area
is the surface and subsurface area surrounding public water supply wells through which contaminants
are likely to move and affect drinking water supply. The drinking water supply management area is the
area delineated using identifiable landmarks that reflect the wellhead protection area boundaries as
closely as possible.
Scoping Decision Notice Table 2 lists all Public Water Supply wells addressed by the WHPP. The primary
wells are included within this notice and the emergency wells are exempt. However, the community
must manage an inner wellhead management zone that is defined by a 200-foot radius around each
emergency standby well.
The community will have until March 31, 2029, to complete the amendment of its entire Wellhead
Protection Plan, Part 1 and Part 2. The Minnesota Department of Health (MDH) highly recommends that
half of the time be dedicated to completing Part 2 of the plan.
The community will be responsible for the completion of Parts 1 and 2 of the Wellhead Protection Plan,
with technical assistance provided by MDH.
The Wellhead Protection Plan must be prepared in accordance with Minnesota Rules, parts 4720.5100
to 4720.5590. General wellhead protection requirements and criteria for delineating the wellhead
protection area and data reporting are presented in Minnesota Rules, parts 4720.5500 to 4720.5510.
The enclosed Scoping Decision Notice No. 1 formally identifies the information necessary to meet rule
requirements for preparing Part 1 of the Wellhead Protection Plan. The wellhead rule refers to the
existing information required for wellhead planning as data elements. Much of this information is
2
available in the public domain, as described in the Scoping Decision Notice No. 1 form. You only need to
provide the information that is not in the public domain and, therefore, not available to MDH.
The Scoping Decision Notice No. 1 form also:
• Lists the Minnesota unique well number and well construction for each well that will be
included in the Wellhead Protection Plan (Table 2).
• Lists the pumping volumes for each well (Table 3).
• Includes a map of the well locations.
A summary of the information that the community needs to provide is included at the end of the
Scoping Decision Notice No. 1 form.
Finally, it is our understanding that you will serve officially as the wellhead protection manager on
behalf of your community. If this is incorrect, please let me know. You are responsible for providing a
notice of intent to develop the Wellhead Protection Plan, as required by the Wellhead Protection Rule
(part 4720.5300, subpart 3). A copy of this notice should be forwarded to MDH and must include a list of
the community’s wells, the unique numbers, and contact information for you as wellhead protection
manager. If you need an example notice, please reach out to Abby Shea
; 651- 201-4386).
3
In closing, we look forward to working with you on completion of your Wellhead Protection Plan. If you
have any questions regarding our comments, please contact me at 651-201-5841 or at
anneka.munsell@state.mn.us.
Sincerely,
Anneka Munsell
Hydrologist
Source Water Protection Unit
PO Box 64975
St. Paul, MN 55164-0975
651-201-5841
www.health.state.mn.us
Enclosures:
Scoping Notice
Map of Existing DWSMA
CC:
Abby Shea, Planner, Minnesota Department of Health, St, Paul District Office
Lucas Martin, District Engineer, Minnesota Department of Health, Drinking Water Protection, St. Paul
District Office
Luke Stuewe, Minnesota Department of Agriculture
An equal opportunity employer.
Wellhead Protection Plan
Minnesota Department of Health
Source Water Protection Unit Staff
PO Box 64975
St. Paul, MN 55164-0975
Fax: 651-201-4701
health.drinkingwater@state.mn.us
www.health.state.mn.us
To obtain this information in a different format, call: 651-201-4700
5
Scoping Decision Notice No. 1
VULNERABLE SETTING
April 23, 2026
Introduction
The purpose for the first Scoping Meeting, as required by Minnesota Rules, part 4720.5310, is
to discuss the information necessary for preparing the Part I Report of a Wellhead Protection
Plan. The Part I Report identifies the area that provides the source of drinking water for the
public water supply (PWS) so that the PWS can develop land use or management practices to
protect their groundwater resource from contamination. Specifically, the Part I Report
documents the delineation of the wellhead protection area (WHPA), the delineation of the
drinking water supply management area (DWSMA) and assesses the vulnerability of the PWS
well(s) and DWSMA.
The wellhead rule (Minnesota Rules, part 4720.5310) refers to the information required for
wellhead planning as data elements. This form lists the data elements that are stated in
Minnesota Rules, part 4750.5400. The Minnesota Department of Health (MDH) uses this form
to designate which data elements are needed to prepare the Part I Report, based on the
hydrogeological setting, vulnerability of the well(s), and aquifer information known at the time
of the Scoping 1 Meeting.
Public Water Supply Contact Information:
Name: City of Hugo
PWSID: 1820007
Wellhead Protection Manager: Scott Anderson, Public Works Director
Address: 8220 140th Street North, Hugo, Minnesota 55038
Unique well numbers included in notice:
523948 (Well #2), 654497 (Well #3), 671642 (Well #4), 686272 (Well #5), and 773400 (Well #6)
SCOPING 1 NOTICE
6
Using the Data Elements Table
The data elements table describes the different datasets used to develop a wellhead protection
plan. Each line of the data elements table has one data element. There are four different
columns that could be checked with an “X”.
• If the “Not Necessary” column is checked, this means that the element is not required
for the Part 1 Report of the wellhead protection plan.
• If the “Delineation” column is checked, this means the element is required for use in the
delineation of the WHPA and/or the DWSMA.
• If the “Vulnerability” column is checked, this means the element is required for use in
the vulnerability assessment of the PWS well(s) and/or DWSMA.
• If the “Submit” column is checked, this means the PWS is required to submit the
information to MDH. Unless it is part of the public domain or submitted to Department
of Natural Resources (DNR) through the Minnesota Permitting and Reporting System
(MPARS).
Other Tables
Tables 2 and 3 contain data known by the Minnesota Department of Health (MDH), Minnesota
Geologic Survey (MGS), Minnesota Pollution Control Agency (MPCA), Minnesota Department of
Transportation (MNDOT), and Minnesota Department of Natural Resources (DNR). Please
review these tables and verify the information is correct. If there is any incorrect information,
please let me know.
SCOPING 1 NOTICE
10
Data element type Data Element Not Necessary Delineation Vulnerability Submit Possible Data Source
Groundwater
Quality
J.6 An existing report to the Minnesota Department of Agriculture and the Minnesota
Pollution Control Agency of contaminant spills and releases. X X MDH, MPCA
12
Figure 1. Well locations
Minneapolis – Saint Paul, Minnesota
www.spherosenv.com
Innovative Environmental Solutions for a Sustainable Future
May 4, 2026 P26-00779-00
Shibani Bissan, PE
Senior Professional Engineer
701 Xenia Avenue S, Suite 300
Minneapolis, MN 55416
RE: Proposal for Completing the Part 1 Wellhead Protection (WHP) Plan Amendment
City of Hugo, Minnesota
Dear Shibani,
Spheros Environmental Group Parent (Spheros) provides herein our Scope of Services and
associated cost estimate to assist WSB Engineering (WSB or Client) and the City of Hugo,
Minnesota (City) with completing a Part 1 Amendment of the City’s Wellhead Protection (WHP)
Plan (Project).
PROJECT UNDERSTANDING
The purpose of this section is to present Spheros’ understanding of the Part 1 WHP Plan project
(Project) objectives and goals, and the work that will be implemented to meet these goals. This
proposal outlines the tasks necessary for delineation of the wellhead protection area (WHPA),
assessment of the well and aquifer vulnerability, and associated reporting requirements
commonly required by the Minnesota Department of Health (MDH).
The Part 1 WHP Plan is being completed to include City Wells No. 2 through 6. (Minnesota Well
Index [MWI] Unique Nos. 523948, 654497, 671642, 686272, and 773400). Only the primary wells
will be included in the updated groundwater model and objectives noted below. Spheros’
proposal will meet the requirements for Part 1 of the WHP Plan following Minnesota Rules (MR)
4720.5100 to 4720.5590 to obtain approval from the MDH.
The objectives are as follows:
Assemble the necessary data elements;
Delineate the WHPAs for the City wells;
Conduct Fracture Flow and Surface Water Contribution Area Delineation (if warranted);
Delineate the Drinking Water Supply Management Area (DWSMA);
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Conduct well and aquifer vulnerability assessments;
Complete the final report and deliverable requirements; and,
Attend Project meetings virtually.
The Project approach is based on our Project team’s familiarity with the MDH requirements, and
staff who have completed more than 40 Part 1 WHP Plan projects in Minnesota, and conducted
hydrogeologic assessments of the Ordovician-age Prairie du Chien and Cambrian-age Jordan
Sandstone aquifer that the City’s wells are completed in. Spheros has compiled and reviewed the
following information, which provided the basis for our Project approach: the MDH Scoping
Decision Notice, well logs from the MWI Database, maps from the Minnesota Department of
Natural Resources (MDNR) and Minnesota Geological Survey (MGS) Washington County
Hydrogeologic Atlases, MetroModel 3 (MM3) groundwater model, USGS’ and DNR’s Northeast
Metro groundwater modeling, communication with MDH staff, and the previous 2013 Part 1
WHP Plan completed by our Project team.
A successful Part 1 WHP Plan is developed through a comprehensive analysis and evaluation of
existing data and new data obtained by performing a number of tasks. Spheros will approach
the Project by completing the proposed tasks in an efficient and cost-effective manner that
addresses the specific aspects of the wellfield and meets the requirements of the MDH and MR
4720.5100 to 4720.5590.
The ultimate goal of the WHP Plan is to ensure that the aquifer utilized by the City is protected
as the current and future water sources. The first phase of this process is to delineate the
WHPAs. This is done by characterizing the local hydrogeology, developing/updating a site-
specific conceptual hydrogeologic model, delineating the 1-, 5-, and 10-year times-of-travel
(capture zones) used to delineate the WHPAs for all City wells, completing a fracture flow
analysis, assessing the need for a surface water capture area or conjunctive delineation, and
assessing the vulnerability of the wells and the aquifer(s) within the delineated DWSMA. The
need for a surface water delineation will be evaluated given the source aquifer and vulnerability;
therefore, costs for a conjunctive delineation are included in this proposal.
To begin the WHPA delineation process, initial collection of the data elements that will be
outlined in the scoping meeting notes will be completed. Typically, most of this information is
available through the public domain.
Using the assembled data, Spheros will make a general evaluation of these criteria and build
upon existing information to refine the existing conceptual hydrogeologic model that is specific
to the City and surrounding area. Following development of the initial conceptual hydrogeologic
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model, Spheros will discuss the delineation criteria and the WHPA delineation method with
MDH.
The following scope and costs are based on our understanding of the City’s current well field
and the experience of Spheros’ Project team completing the previous City WHP Plan in 2013 and
completing WHP Plans for wells completed in the Prairie du Chien and Jordan aquifers for other
communities, and our previous experience working on groundwater projects within this area of
the Twin Cities Metropolitan Area.
1. SCOPE OF SERVICES
Spheros designed the proposed services outlined herein to meet Project objectives. The Scope
of Services presented herein also provide assumptions and exclusions associated with the work.
This proposal outlines the tasks necessary for delineation of the wellhead protection area
(WHPA), assessment of the well and aquifer vulnerability, and associated reporting requirements
commonly required by the MDH.
Task 1: Assemble Data Elements
Our review of the MDH’s Scoping Decision Notice and our understanding of the MDH
requirements and MODFLOW modeling will allow us to efficiently complete the Project. A
Determination of Aquifer Properties - Aquifer Test Plan (DAP-ATP), will be required by the
wellhead rule to document the aquifer transmissivity used in the delineation process. This task
includes preparation of the DAP-ATP. No additional aquifer testing is anticipated, but new data
may be incorporated compared to the previous 2013 Plan. In addition, reports, maps,
hydrogeologic cross sections, publications, and personal communication with WSB, City, and
MDH staff will also provide information. This proposal assumes that no additional cross sections
will be needed as part of this Plan.
Task 2: Delineate WHPAs Using MODFLOW
Spheros will plan to use an existing numerical groundwater flow model, the Northeast Metro
Lakes Groundwater (NMLG) model, that includes the City and was previously created, updated,
and recalibrated by the United States Geological Survey (USGS), Minnesota Department of
Natural Resources (DNR), and multiple consultants. This model will either be used at its current
extent, or reduced further to a local-scale model. It will be updated and recalibrated by updating
the model layers in the area of the City with geologic information obtained since the completion
of the model and the City’s 2013 WHP Plan.
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Spheros will use MODFLOW to simulate the flow field and delineate the WHP Areas, and will
provide WSB and the City with a cost-effective, flexible, and appropriate model. Once the model
is created, the required time-of-travel zones will be used to determine the WHP Areas for the
City wells. Pumping rates applied to each well will be based on the maximum daily volume
determined from either: 1) the previous 5 years; or, 2) the projected annual pumping over the
next 5 years.
Following the initial WHPA delineation from this task, Spheros will calibrate the model and
complete the sensitivity analysis as required by the MDH.
The costs associated with modeling in Task 2 assume the aquifer parameters and hydrogeologic
information in the existing NMLG model are reasonably calibrated and significant changes to
the conceptual model and aquifer parameters will not be required.
Task 3: Conduct Fracture Flow and Surface Water Contribution Area Delineation (if
warranted)
A fracture flow delineation will be required for the City Wells since the Prairie du Chien and
Jordan sandstone aquifers are utilized by the City wells. Even wells solely completed in the
Jordan receive flow contribution from the overlying fractured Prairie du Chien dolomite aquifer
near the wellfield. The delineation will be based on MDH methodology and reflect a similar
approach and assumptions used to complete the previous 2013 plan’s fracture flow delineation.
The potential need for a Surface Water Capture Area (SWCA) will be assessed. If needed, it will
be delineated based on high vulnerability of the aquifer below surface water features. It is likely
that either the DNR’s Level-9 Auto-Catchment watershed boundaries or sewersheds will be used
to delineate a SWCA, pending communication with MDH.
Task 4: Delineate the DWSMA
Following completion of Tasks 1 through 3, Spheros will work with the City and MDH in
delineating the boundaries of the DWSMA. The DWSMA includes the surface and subsurface
area surrounding the wells and follows the WHPA as closely as possible in accordance with the
rules. The boundaries of the DWSMA will be identified using landmarks as defined in the rules.
To simplify the City’s management of the resulting DWSMA, particular focus will be on using
Minnesota Department of Transportation (MNDOT) road centerlines and quarter section
boundaries while also not splitting parcels into multiple parts.
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Task 5: Assess Well Field and DWSMA Vulnerability
Spheros will assist with the vulnerability assessment within the DWSMA in accordance with MR
4720.5210. The assessment will follow the MDH’s guidance document, Assessing Well and
Aquifer Vulnerability for Wellhead Protection. The assessments will include a review of well
construction details to evaluate individual well vulnerability. Spheros will evaluate data from the
above tasks to assess the vulnerability of the target aquifers underlying the DWSMA. This will
include review of geologic logs, cross sections and maps, and existing groundwater chemistry
and any isotopic data.
Task 6: Complete Report
Following completion of the above tasks, Spheros will prepare a draft report. The report will
include the conceptual hydrogeologic model, model input and the results used to delineate the
WHPAs, DWSMA, and well and aquifer vulnerability assessments. After review of the draft, a final
report will be prepared which incorporates comments received from WSB, the City, and MDH
staff. Supporting data files that are Project-specific and define aquifer characteristics used in the
model will be delivered in ArcGIS format.
Task 7: Attend Project Meetings (Virtually)
Spheros is assuming three meetings total with two meetings being required by MDH: one for
the required pre-delineation meeting with the MDH hydrologist; the second will be an interim
meeting with Spheros and the MDH to discuss the modeling results and determine if it meets
MDH’s expectations. If other meetings are necessary during the Project, Spheros will notify WSB.
Spheros assumes the meetings with MDH will be held virtually. Costs also include attending one
City Council meeting (virtually) at the end of the Part 1 Project, if needed.
2. TIME REQUIRED
Upon receiving authorization, Spheros will initiate the Scope of Services, with an expected
completion timeframe of 8 to 10 months from the notice to proceed. Delays caused by major
changes in the project plans or by circumstances beyond the control of Spheros could extend
the time of completion. This will allow for over half of the Project timeline ahead of the March
2029 deadline for completion of Parts 1 and 2.
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GENERAL TERMS AND CONDITIONS
I. APPLICABILITY. These terms and conditions
for services (these “Terms”) are the only terms that
govern the provision of services by Spheros Group
Parent, Inc. (“Spheros”) to name of the customer
(“Client” and together with Spheros, the “Parties” and
each, a “Party”) set forth on the accompanying order
confirmation, letter, statement of work, or purchase
order (the “Order Confirmation”). The Order
Confirmation and these Terms (collectively, this
“Agreement”) comprise the entire agreement between
the Parties, and supersede all prior or
contemporaneous understandings, agreements,
negotiations, representations and warranties, and
communications, both written and oral. In the event of
any conflict between these Terms and the Order
Confirmation, these Terms shall govern, unless the
Order Confirmation expressly states that the terms and
conditions of the Order Confirmation shall control.
These Terms prevail over any of Client’s general terms
and conditions regardless of whether or when Client
has suWSBtted its request for proposal, order, or such
terms. Provision of services to Client does not
constitute acceptance of any of Client’s terms and
conditions and does not serve to modify or amend
these Terms. This Agreement may not be modified
except by an amendment in writing, signed by both
Parties.
II. SERVICES; PERFORMANCE DATES. Spheros
shall provide the services to Client as described in the
Order Confirmation (the “Services”) in accordance with
these Terms. Spheros shall use reasonable efforts to
meet any performance dates specified in the Order
Confirmation, and any such dates shall be estimates
only.
III. CLIENT’S ACTS OR OMISSIONS. If Spheros’s
performance of its obligations is delayed or prevented
by any act or omission of Client or its agents,
subcontractors, consultants, or employees, Spheros
shall not be deemed in breach of its obligations under
this Agreement or otherwise liable for any costs,
charges, or losses sustained by Client to the extent
arising directly or indirectly from such prevention or
delay.
IV. COMPENSATION. For the performance of the
Services, Client agrees to pay, and Spheros agrees to
accept, compensation set forth in the Order
Confirmation. Spheros will be compensated in US
dollars for its Services on a time-and-materials or fixed-
price basis. Spheros’s estimate of the cost for its
Services is based on the information provided by Client,
and rates, reimbursable expenses, and management
fees made a part of the Agreement. Client shall be
responsible for all sales, use, and excises taxes, and any
other similar taxes, duties, and charges of any kind
imposed by any federal, state, or local governmental
entity. Client agrees to reimburse Spheros for all
reasonable travel and out-of-pocket expenses incurred
by Spheros in connection with the performance of the
Services. In the event that the Services occur over more
than one (1) calendar year or the Services start date is
delayed more than ninety (90) days due to factors
outside of Spheros’s sole control, Spheros may, without
the approval of Client, increase its rates by the greater
of: (a) five percent (5%) or (b) the United States
Department of Labor, Bureau of Labor Statistics
consumer price index. Spheros will provide reasonable
advance notice to Client prior to any potential rate
increase. Invoices are suWSBtted routinely, but no
more than monthly, for time and expenses incurred or
in the event of a fixed price contract as determined by
the scope of work and applicable milestone for the
percent of work completed. Terms of payment are net
thirty (30) days. Overdue accounts are subject to an
interest charge of one and a half percent (1.5%) per
month and services may stop whenever payment is
overdue more than sixty (60) days. Either Party may, at
any time and from time to time during the term of this
Agreement, request a change to the Services (each, a
“Change”). Upon receipt of a request for any Change
from Client, Spheros shall prepare and deliver to Client
a proposal regarding the effect that such Change
would have on (i) the cost of the Services, (ii) the timing
for performance of the Services; and (iii) any other
material aspect of this Agreement. Client and Spheros
shall agree in writing on the terms applicable to any
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Change (each, a “Change Order”). Spheros may charge
for the time it spends assessing and documenting a
change request from Client on a time and materials
basis. Spheros shall not implement any Change, and
shall not be entitled to compensation for Services
performed in respect of any Change, unless a Change
Order in respect of such Change has been executed by
both Parties. In the event that Spheros seeks any
change to the Services such that the cost, scope, or
schedule is impacted, Spheros shall within seven (7)
days, notify Client in writing of the Change and
promptly prepare and deliver to Client a proposal
regarding the effect that such Change would have on
(1) the cost of the Services, (2) the timing for
performance of the Services and (3) any other material
aspect of this Agreement. Notwithstanding this Section
IV, Spheros may change the Services without the
consent of Client provided that such changes do not
materially affect the nature or scope of the Services, or
the fees or any performance dates.
V. OWNERSHIP OF DOCUMENTS. All intellectual
property rights, including copyrights, patents, patent
disclosures and inventions (whether patentable or not),
trademarks, service marks, trade secrets, know-how
and other confidential information, trade dress, trade
names, logos, corporate names, and domain names,
together with all of the goodwill associated therewith,
derivative works and all other rights (collectively,
“Intellectual Property Rights”) in and to all documents,
work product, and other materials that are delivered to
Client under this Agreement or prepared by or on
behalf of Spheros in the course of performing the
Services, including any items identified as such in the
Order Confirmation (collectively, the “Deliverables”)
except for any Confidential Information (as defined in
Section VI) of Client or Client materials shall be owned
by Spheros. Spheros hereby grants Client a license to
use all Intellectual Property Rights free of additional
charge and on a non-exclusive, worldwide, non-
transferable, non-sublicensable, fully paid-up, royalty-
free, and perpetual basis to the extent necessary to
enable Client to make reasonable use of the
Deliverables and the Services. The Client shall not re-
use or make any modification to Spheros’s designs,
documents or work product without the prior written
authorization of Spheros, and any such authorized use
or modification shall be at the sole risk of Client with
no liability to Spheros.
VI. CONFIDENTIALITY. From time to time during
the term of this Agreement, either Party (as the
“Disclosing Party”) may disclose or make available to
the other Party (as the “Receiving Party”), non-public,
proprietary, and confidential information of Disclosing
Party (whether or not marked, designated, or otherwise
identified as “confidential”) in connection with the
Services (“Confidential Information”); provided,
however, that Confidential Information does not
include any information that: (a) is or becomes
generally available to the public other than as a result
of Receiving Party’s breach of this Section VI; (b) is or
becomes available to the Receiving Party on a non-
confidential basis from a third-party source, provided
that such third party is not and was not prohibited from
disclosing such Confidential Information; (c) was in
Receiving Party’s possession prior to Disclosing Party’s
disclosure hereunder; or (d) was or is independently
developed by Receiving Party without using any
Confidential Information. Spheros’s Confidential
Information shall include the Services performed
hereunder and the nature or results of the work
performed hereunder. The Receiving Party shall: (i)
protect and safeguard the confidentiality of the
Disclosing Party’s Confidential Information with at least
the same degree of care as the Receiving Party would
protect its own Confidential Information, but in no
event with less than a commercially reasonable degree
of care; (ii) not use the Disclosing Party’s Confidential
Information, or permit it to be accessed or used, for any
purpose other than to exercise its rights or perform its
obligations under this Agreement; and (iii) not disclose
any such Confidential Information to any person or
entity, except to the Receiving Party’s Group who need
to know the Confidential Information to assist the
Receiving Party, or act on its behalf, to exercise its
rights or perform its obligations under this Agreement.
The Receiving Party shall be responsible for any breach
of the confidentiality and non-use obligations
contained herein by the Receiving Party’s Group. If the
Receiving Party is required by applicable law or legal
process to disclose any Confidential Information, it
shall, prior to making such disclosure, use commercially
reasonable efforts to notify Disclosing Party of such
requirements to afford Disclosing Party the
opportunity to seek, at Disclosing Party’s sole cost and
expense, a protective order or other remedy. For
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purposes of this Section VI only, “Receiving Party’s
Group” shall mean the Receiving Party’s affiliates and
its or their employees, officers, directors, shareholders,
partners, members, managers, agents, independent
contractors, service providers, sublicensees,
subcontractors, attorneys, accountants, and financial
advisors. The terms of this Section VI shall survive and
remain in force after any termination or expiration of
this Agreement.
VII. HEALTH AND SAFETY. Spheros has full
responsibility for safety of its employees and agents,
including providing appropriate safety equipment for
its field personnel. In performance of the work, Spheros
shall (a) comply with applicable federal, state and local
statutes, regulations and ordinances regarding health
and safety, and (b) prepare and comply with its own
Health and Safety Plan, as well as any Health and Safety
Plan prepared by Client and delivered to Spheros prior
to commencement of the Services for the site.
VIII. SITE ENVIROMENTAL CONDITIONS. Client
shall furnish or make available to Spheros such
documents and information that relate to the identity,
location, quantity, nature, or characteristics of any
petroleum products, hazardous materials or asbestos
at, on, or under the site. If, at any time, evidence of the
existence or possible existence of such substances is
discovered, Spheros reserves the right to stop work and
renegotiate any consulting agreement and, the fees for
our services and our continued involvement in the
project. Spheros will promptly notify Client of any
unanticipated hazardous materials or suspected
hazardous materials it discovers. In the event that
Spheros removes any pre-existing materials, Spheros
may, but not shall be required to, assist the Client in
characterization and handle the pre-existing materials
in accordance with applicable federal, state and local
laws, rules, regulations and ordinances. Client shall be
responsible for signing any manifest that may be
required to ship pre-existing hazardous materials off
site. At no time whatsoever shall Spheros be
considered or assume the responsibilities of a
generator of any pre-existing petroleum, chemical or
hazardous material located on or about the site where
the work is performed. The discovery of hazardous
materials or suspected hazardous materials may make
it necessary for Spheros to take immediate measures to
protect human health and safety and/or the
environment. Client agrees to compensate Spheros for
the cost of any and all measures that, in our
professional onsite judgment are justified to preserve
and protect the health and safety of our personnel,
Client’s employees and/or the public, and/or the
environment. In addition, Client waives any claims
against Spheros and, to the full extent permitted by
law, agrees to indemnify, defend and hold Spheros
harmless from any and all claims, damages and liability,
including but not limited to cost of defense, in any way
connected with petroleum products, hazardous
materials or asbestos.
IX. CLIENT OBLIGATIONS AND SITE ACCESS.
Client shall at its cost and at such times as may be
required by Spheros for the successful and timely
completion of Services: (a) provide unimpeded and
timely access to any site, including third party sites if
required (b) provide an adequate area for Spheros’s
site office facilities, equipment storage, and employee
parking; (c) furnish all construction utilities and utilities
releases necessary for the Services; (d) provide the
locations of all subsurface structures, including piping,
tanks, cables, and utilities; (e) approve all locations for
digging and drilling operations; (f) obtain all permits
and licenses which are necessary and required to be
taken out in Spheros’s name for the Services; (g)
cooperate with Spheros in all matters relating to
Services; and (h) respond and provide promptly to any
Spheros requests for information, material,
authorizations, approvals, or other items reasonably
necessary to provide or complete Services. Spheros will
not be liable for damage or injury arising from damage
to subsurface structures that are not disclosed in
writing to Spheros in connection with its work.
X. COST ESTIMATES. If included in the Services,
Spheros will provide cost estimates based upon
Spheros’s experience on similar projects, which are not
intended for use by Client or any other party in
developing firm budgets or financial models, or in
making investment decisions. Such cost estimates
represent only Spheros’s judgment as a professional
and, if furnished, only for Client’s general guidance and
are not guaranteed as to accuracy.
XI. LIMITED WARRANTY AND REMEDIES.
Spheros represents and warrants to Client that it shall
perform the Services with the standard of care,
diligence and skill ordinarily exercised by firms
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providing similar services and in accordance with
generally recognized industry standards. Spheros shall
furnish all tools, labor, and supplies in such quantities
and of the proper quality to professionally and timely
perform the Services. Spheros shall not be liable for a
breach of the warranty set forth in this Section XI unless
Client gives written notice of the defective Services,
reasonably described, to Spheros within thirty (30) days
of the time when Client discovers or ought to have
discovered that the Services were defective. Subject to
the foregoing, Spheros shall, in its sole discretion,
either (a) repair or re-perform such Services; or (b)
credit or refund the price of such Services at the pro
rata contract rate. THE REMEDIES SET FORTH IN THIS
SECTION XI SHALL BE CLIENT’S SOLE AND EXCLUSIVE
REMEDY AND Spheros’S ENTIRE LIABILITY FOR ANY
BREACH OF THE LIMITED WARRANTY SET FORTH
HEREIN.
XII. DISCLAIMER OF WARRANTIES. EXCEPT FOR
THE WARRANTY SET FORTH IN SECTION XII ABOVE,
Spheros MAKES NO WARRANTY WHATSOEVER WITH
RESPECT TO THE SERVICES, INCLUDING ANY (a)
WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY
OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE, OR OTHERWISE.
XIII. INDEPENDENT CONTRACTOR. Spheros is an
independent contractor, and is responsible for the
means and methods of carrying out the scope of
services and for the safety of its employees and agents.
Spheros retains the right to require that the services
provided by Spheros meet specific standards without
regard to the manner and means of accomplishment
thereof. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, joint
venture or other form of joint enterprise, employment,
or fiduciary relationship between the Parties, and
neither Party shall have authority to contract for or bind
the other Party in any manner whatsoever.
XIV. INDEMNIFICATION. Client agrees, to the
fullest extent permitted by law, to defend, indemnify,
and hold harmless Spheros and their respective
officers, directors and employees against damages,
liabilities or costs, including reasonable attorneys’ fees
and defense costs, arising out of or resulting from (a)
bodily injury, death of any person, or damage to real or
tangible, personal property resulting from negligent or
willful acts or omissions of Client and (b) Client’s breach
of any representation, warranty, or obligation of Client
in this Agreement. This Section XIV shall survive the
expiration or termination of this Agreement.
XV. LIMITATION OF LIABILITY. IN NO EVENT
SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
OR TO ANY THIRD PARTY FOR ANY LOSS OF USE,
REVENUE OR PROFIT OR LOSS OF DATA OR
DIMINUTION IN VALUE, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES
WHETHER ARISING OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE AND WHETHER OR NOT SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL Spheros’S AGGREGATE
LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED
TO BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE
AGGREGATE AMOUNTS PAID OR PAYABLE TO Spheros
PURSUANT TO THE APPLICABLE ORDER
CONFIRMATION.
XVI. INSURANCE. Spheros shall procure and
maintain the following insurance throughout the term
of this Agreement: (a) Commercial General Liability; (b)
Automobile Liability; (c) Workers’ Compensation and
Employer’s Liability; and (d) Professional Liability.
XVII. FORCE MAJEURE. Neither Party shall be liable
nor deemed to be in default for any delay or failure in
performance under this Agreement resulting from the
acts of God, civil or military authority, material change
of law, acts of public enemy, war, accidents, fires,
explosions, earthquakes, floods, failure of
transportation, regional emergencies, strikes or other
industrial interruptions by either Party’s employees, or
any similar or dissimilar cause beyond the reasonable
control of either Party. The impacted Party shall resume
the performance of its obligations as soon as
reasonably practicable after the removal of the cause.
In the event that the impacted Party’s failure or delay
remains uncured for a period of fifteen (15) consecutive
days following written, either Party may thereafter
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terminate this Agreement upon twenty (20) days’
written notice.
XVIII. NOTICE. Any notice to be given hereunder by
either Party to the other, shall be in writing and
addressed to the Parties at the addresses set forth in
the Order Confirmation or to such other address that
may be designated by the receiving Party in writing. All
notices shall be deemed given when delivered (a) in
person, (b) by certified mail, return receipt requested,
(c) by commercial courier that provides a receipt of
delivery, or (d) by email when the receiving Party
acknowledges receipt.
XIX. TERMINATION FOR CONVENIENCE. Either
Party may terminate all or part of this Agreement for its
convenience and without cause upon giving the other
Party not less than thirty (30) days written notice. In
such event, Spheros shall be compensated for the
Services competently performed up to and including
the date of termination.
XX. TERMINATION FOR DEFAULT. Either Party
may terminate this Agreement for cause upon giving
the other Party not less than ten (10) days written
notice for any of the following reasons: (a) substantial
failure by the other Party to perform in accordance with
the terms of this Agreement and through no fault of
the terminating Party, including lack of payment by
Client; (b) assignment of this Agreement or transfer of
the project by either Party to any other entity without
prior written consent of the other Party; (c) suspension
of the project or of the Services for more than ninety
(90) days, consecutive or in the aggregate; (d) material
changes in the conditions under which this Agreement
was entered into, the Services or the nature of the
project, and the failure of the Parties to reach
agreement on the compensation; or (e) Client becomes
insolvent or files a petition for bankruptcy. Either Party
shall have a period of ten (10) business days from the
notice of noncompliance and threatened termination
to cure or correct the default. If this Agreement is
terminated following default by Spheros, Client is
relieved of any unpaid payment obligations owed
Spheros for services performed after the default. If this
Agreement is terminated following default by Client,
Client shall be liable to Spheros for all unpaid
compensation for Services, as well as any collection
fees associated with the collection of said
compensation including but not limited to, attorneys’
fees, court costs, and other related expenses up to and
including the termination date.
XXI. ASSIGNMENT. Client shall not assign this
Agreement without the prior written consent of
Spheros. Any purported assignment or delegation in
violation of this Section XXI is null and void. No
assignment or delegation relieves Client of any of its
obligations under this Agreement.
XXII. ANTI-DISCRIMINATION. The Parties hereby
incorporate the requirements of 41 C.F.R. § 60-1.4(a)
and 29 C.F.R. § 471, Appendix A to Subpart A, if
applicable. Spheros and Client shall also abide by the
requirements of 41 CFR 60-300.5(a) and 41 CFR 60-
741.5(a), if applicable. These regulations prohibit
discrimination against qualified protected veterans and
qualified individuals with disabilities and require
affirmative action by covered prime contractors and
subcontractors to employ and advance in employment
qualified protected veterans and qualified individuals
with disabilities.
XXIII. ENFORCEMENT AND WAIVER. The failure of
either Party in any one or more instances to insist upon
strict performance of any of the terms and provisions
of this Agreement, shall not be construed as a waiver
of the right to assert any such terms and provisions on
any future occasion or of damages caused thereby.
XXIV. CHOICE OF LAW; JURISDICTION. This
Agreement shall be administered and interpreted
under the laws of the State of Colorado without giving
effect to any choice or conflict of law provision. Subject
to Section XXVIII, any legal suit, action, or proceeding
arising out of or relating to this Agreement shall be
instituted in the federal courts of the United States of
America or the courts of the State of Colorado, and
each Party irrevocably suWSBts to the exclusive
jurisdiction of such courts in any such suit, action, or
proceeding.
XXV. SEVERABILITY. If any of the provisions of this
Agreement shall be invalid or unenforceable, such
invalidity or unenforceability shall not invalidate or
render unenforceable the entire Agreement, but rather
the entire Agreement shall be construed as if not
containing the particular invalid or unenforceable
Spheros Environmental | www.spherosenv.com | Page 12
provision or provisions, and the rights and obligations
of the Party shall be construed and enforced
accordingly, to effectuate the essential intent and
purposes of this Agreement.
XXVI. NONEXCLUSIVE NATURE. This Agreement is
not exclusive. Spheros is free to provide similar services
or deliverables to others. Client makes no
representations or warranties as to a minimum or
maximum procurement of services hereunder.
XXVII. SURVIVAL. Provisions of these Terms, which by
their nature should apply beyond their terms, will
remain in force after any termination or expiration of
this Agreement including, but not limited to, the
following provisions: Confidentiality, Disputes,
Compensation, Ownership of Documents, Insurance,
and Survival.
XXVIII. DISPUTES. In an effort to resolve any conflicts
that may arise, Client and Spheros agree to resolve any
claims or disputes related to this Agreement, in an
amicable, professional, and expeditious manner so as
to avoid unnecessary disruptions and delays to the
Services. For any claim or dispute the Parties shall first
attempt to resolve such claim or dispute through
discussions between Client’s and Spheros’s designated
representatives. If any such claim or dispute is not
resolved through such discussions, the responsible
executive of each Party, who shall possess the authority
to resolve such matter, shall attempt to resolve such
claim or dispute. Either Party may initiate discussions
by written notice to the other Party setting forth the
subject of the claim or dispute and the resolution
sought. The Party in receipt of such notice shall
respond within five (5) business days with a written
statement of its position on, and recommended
solution to, the claim or dispute. If the claim or dispute
is not resolved by this exchange of correspondence,
then the responsible senior executives of each Party
shall meet at a mutually agreeable time and place
within ten (10) business days from the Party’s response
in an attempt to resolve the claim or dispute. Any
claims or disputes between the Parties arising out of or
relating to this Agreement, which have not been
resolved in accordance with the procedures set forth in
this Section XXVIII shall be suWSBtted to nonbinding
mediation unless the Parties mutually agree otherwise.
Each Party shall pay for its own costs and one-half the
cost of a mutually acceptable mediator. In the event
mediation is not successful, the claims or disputes
between the Parties shall subject to litigation in a court
of competent jurisdiction in the State of Colorado. The
Parties irrevocably consent to the personal jurisdiction
of said courts and waive any and all defenses of forum
non conveniens, improper venue, or lack of personal
jurisdiction.
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