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Part 1�Planning Water and Wastewater Projects

Natalie Adams and Courtney Schreiner

Cary Sayre, PE

Allstate Consultants, LLC

Engineering, Planning Surveying

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Normal Project Planning

  • What – is required on a project
  • Who – requires this stuff
  • How – much does it cost
  • Why – is it required and why does it cost so much
  • Today – Informal discussion
    • Ask Questions
    • Provide Comments
    • Explain experiences

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Purpose of Upgrade�Permit Driven

  • Unfunded mandate?
  • MDNR Recommendations?
  • Do people want it?
  • Does Operator want it?
  • Is Engineer convincing?
  • Make operations more simple?
  • Permits often create operator complications!
  • Emergency

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Emergencies�Help out Neighbors

  • Droughts
  • Floods
  • Bad wells
  • Water Quality
    • DBP
    • Radionuclides
  • “Water Wars”
    • Get water to People
    • Not about making a lot of money
    • Have to push hard to get it done

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Decision Process

  • Factors to Consider
  • Need for the Project – does it help people
  • Location – pros and cons for best site
  • Land acquisition requirements
  • Long term versus short term expenses
    • Land price
    • Construction mitigation for site
    • Sometimes less expensive land cost more for construction
  • Emergencies
  • Costs

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Communication is Key

  • Operators to Engineer
  • Operators and City Hall
  • City Hall and Engineer
  • City Hall and MDNR
  • MDNR to Engineer
  • Talk to MRWA and other operators
  • Most people want to help people
  • Some people are just difficult
  • “Water Wars” for water supply connections
  • Check References
    • Engineer
    • Project Attorney

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Engineers – Office Bashing

  • Not Good Communicators
  • Confused between projects and clients
  • Never work with an Engineer
  • Stay away from Engineer
  • Don’t let kids become Engineers
  • Have to pick up pieces from Engineers
  • Engineer – (P.I.A.)
  • Engineer is a “special person”
  • Engineer – overthink and under perform

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Funding Options

  • USDA-RD – Grant and Loan
  • MDNR – Grants and Loans (SRF)
  • MO DED – CDBG
  • Local Loan
  • Lease
  • Understand loan terms- public need
  • RFQ Requirements
    • Engineer
    • Attorney
    • Grant Administrator
    • Financial Advisor/Underwriter

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Timelines for Funding

  • Changes create more time and costs
  • Typically Lease/local loan is quickest
  • Ask for extensions
  • Re-apply for funding
  • Amend documents
  • Engineer Services Grants
    • For Engineering Reports
    • Should not get two grants for same Report

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Compare/Contrast Agency People�Examples

  • Clean Water SRF v. Drinking Water SRF
  • Coffee v. Whiskey
  • Ray of Sunlight v. Tasmanian Devil
  • Perfect Organization v. Ultimate Brow Bashing
  • Regulatory Assistance v. MRWA

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MRWA�Compare - Contrast

  • MRWA – free assistance to members
  • Operators – Circuit Riders live around state
  • Wide variation - Examples
    • North Missouri Hillbilly – Webber
    • Bootheel – Fuchs
    • Arkansas – Billy Everett
    • Ozark Boy – Wayne and Brad
      • “KRAZO” is Ozark spelled backwards

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Compare – Contrast �Project Matrix�Funding Process for MDNR Projects

Director-organizer (very tough job) –obvious great person required

/ \

Coordinator 1-Awesome Adult Coordinator 2-Problem Child

Process Consistency

/ \

Wastewater Drinking Water

(Fine Wine) (Natural Light- Stag)

\ /

Due Diligence

(Square Wheel)

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MDNR Regional Office Staff

  • Inspections/NOV’s - always make sense
  • Recommendations v. Requirements
  • Design Guide v. Regulations
  • Permit staff v. Regional Office Staff
  • SRF Engineer v. Coordinator v. Enforcement
  • Need Balance – Darleen and Joan
  • Thank God for Hannah

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USDA-RD� Perfect Organization or Brow Bashing

  • Director’s Rules – unwritten but they are there
    • A lot of experience – A lot
  • Engineer’s Rules – Modest in Design
  • Review always in 30 days (guaranteed)
  • Coordinator’s Homework – better do it
    • Drive the ship
    • Unseaworthy ship wreck sometimes
  • EJCDC – Perfectly Written Document
    • Engineers and Attorneys helped develop
  • Every State has same requirements - Maybe
  • Thank God for Clark

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CDBG�Can be Coffee or Whiskey

  • HUD
  • Always there to help
  • Environmental
    • NEPA
    • State
  • Uniform Act (Uniform Relocation Act)
  • MWWRC (MUCK – For a reason)
  • Payroll Records
    • Federal, State, Heavy/Highway, Building??
    • Confusion

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Lease�Coffee and whiskey

  • Local Financial Advisor – check references
  • Municipal Banker – Same as above
  • What in the world do they do?
  • Why do they get paid?
  • Drive and fly around – wear suits, bring cookies
  • Not needed for USDA-RD (usually)
  • Not enforcement
  • Not operators
  • Not Engineer
  • Not Grant Writer
  • Not attorney
  • No one really knows what they do

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Location Selected

Land purchase requirements

Easement requirements

Permanent

Construction

Utility

Drainage

Existing easements

Geotechnical Considerations

Obstacles – “Buried Treasures”

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Office Bashing Projects�Words/phrases office for projects

  • Never ending
  • Disjointed Communications
  • Like a hang over
  • Dysfunctional City Halls
  • Great and wonderful people – just inexperienced
  • State and Federal Agency People – depends on who you get
  • Multiple Agency Funded Projects – Go haywire, different rules

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Questions and Comments?

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Land Purchase/ownership Considerations

  • Loans – Funding agency may consider ownership
    • Is land purchase grant/loan eligible
    • Uniform Relocation Act (URA)
  • Land use – is land still usable by current owner
  • Public use – Public interest considerations
  • Local Politics – Challenging
    • Who gets how much?
    • Price for land
    • Have to defend price

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Ownership vs. Easement

  • Ownership
    • Full use
    • More cost
    • More to maintain
    • Loss of private ownership control and use
    • Grant/Loan eligibility
  • Easement
    • Limited use authority
    • Less cost
    • Need to start on early-takes time
    • Less land to maintain
    • MODOT – 6 foot utility Corridor

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Types of Surveys

  • Windshield
  • Topographic
    • Tied into USGS or MSL
    • Tied into some local bench mark (ie: elevation 100)
  • Level loops
  • ALTA
  • Boundary
  • Recorded Surveys

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Boundary Surveys

  • Opinion of property line by Surveyor
    • Use best available information
    • Don’t design on property don’t have access
    • Can help reduce problems later
    • Allows operation and maintenance of utility or structures
    • Helps control what is built over buried utilities
  • Then record surveys
    • Why
    • Cost
    • How

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Land Ownership/easement Decision Makers

  • Professionals should weigh heavy on decision
    • Engineer
    • Attorney
    • Funding Agency
    • Surveyor
    • Operators
  • Private owners
  • Local citizen support

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Engineer/Surveyor - �May have Recommendations

  • Preliminary “windshield” surveys
  • Topographic surveys
  • Preliminary layouts/site plans
  • Final layouts/site plans
  • Listen to operator and board members

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Attorney�Required to sign/certify land use rights

  • May have recommendations
  • Project attorney may be different than City/District attorney
  • Part of project team
  • Provide legal council
    • Land transaction documents
    • URA compliance
    • May require use of Certified Appraiser
    • May require use of Certified Commercial Appraiser
    • Need all easements prior to loan or grant closing (prior to bid)

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Attorney Role

  • Legal advice (not owner)
  • Provide opinion – may be different than other
  • Prepare documents
    • Contracts
    • Title documents
  • Utilize surveyors information
  • Certify property acquisition/rights
  • Condemnation proceedings
  • Review appraisals
  • Again – Follow Uniform Act

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Engineer’s Role

  • Provide Engineering/Technical Advise (not owner)
  • Observe wants, needs and practicality of situation
  • Basic Design
    • Preliminary Engineering Report (PER)
    • Facility Plan
    • Plans and Specs
    • Environmental Evaluation
    • Expected Probable Costs – many assumptions
    • Funding Process Assistance/Evaluation
  • Bidding Process Assistance
  • Construction Observation/Management
  • Start-Up, O&M, Record Drawings
  • Calculate total monthly user charge per household (include all costs)

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Owner’s Role

  • Decision Makers
  • Discuss with all professionals (hire through RFQ Process)
  • Understand – you are owner, but listen to professional opinions
  • Be proactive with citizen education and negotiation
  • Owner needs someone dedicated to obtaining easements
  • Consider options
    • Pros
    • Cons
  • Land acquisition
    • Discuss with Land Owners
    • Sale
    • Easement (hopefully donated)

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Owner’s Role cont’d�

  • Develop and maintain good maps/drawings/records
  • Review Plans and Specs
    • Operator
    • City/District Manager/administrator
    • Council
    • Board
  • Understand Basics
    • Location
    • Scope
    • Expectations
    • Costs and assumptions
    • Monthly user charge expected
    • Impacts
      • Positive
      • Negative

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Owner’s Role cont’d

  • Understand nothing is ever perfect
    • Site/Land Location
    • Environmental Impacts
    • Costs
    • Design
    • Construction
    • Start-up
  • Main things
    • Make sure design meets expectations
    • Crystal ball – look into future
  • Land Locked – Chance of being

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SCADA/Telemetry

  • Understand Trends
  • Don’t Micro-Observe and Analyze
  • Many options
    • Radio
    • Cell phones
    • Etc.
  • Takes a year to get “bugs” worked out
    • Understand system – all 4 seasons
    • Warranties
    • Mechanical plants
    • Coating Inspections

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Ways to Obtain Easements

  • Land Owner Grant Land Deed
  • Warranty Deed
  • Quit Claim Deed
  • Condemnation
  • Adverse Possession
  • Inverse Condemnation

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Condemnation

  • Last Resort
    • Try to work with owner
    • Evaluate redesign
  • Legal Court Process
    • Need Experienced Attorney
    • Funding URA
    • Need 3 People to Determine Value

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Project Challenges

  • Paper work and red tape
  • Obtaining information from City Hall in a timely manner
  • Scope Creep – changes asked for by City/District
  • Project attorneys – easements
  • Communication – MDNR, Operators, Engineers, Owner
  • Educate Public
  • Planning Commission/Council of Governments will help
  • Financial Advisor will help

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Questions and Comments

  • Ask questions
  • Permits
  • Operations
  • What is WOTUS?
  • What is NPDES?
  • Process for project
  • Types of Bonds
  • Etc?

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Take Away- Do’s

  • Communication is Key
  • Owner/City needs to have idea of what is needed
  • Educate public
  • Ask questions – lots of them
  • Engineer wants to help people
  • Have face to face meetings with
    • Engineer
    • Engineer’s staff/technicians
    • Agencies

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Thank you�Remain positive – winter coming on

With temperatures below 20

There are not any ticks

There are not any chiggers

There are not any mosquitos

Beverage coolers require no ice

Cars do not overheat as easy

Cut few ruts when feeding hay

Ice fishing season is here

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Part 2 �Implementing Water and Wastewater Projects�Do’s and Don’t

Normal Project Planning

What – is required on a project

Who – requires this stuff

How – much does it cost

Why – is it required and why cost so much

Murphy’s Law – Please “Clobber Murphy”

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More than One Way to Skin a Cat

  • Right way – Community A
    • Planning
      • Rate Studies
      • Public Education
    • Path of lesser resistance for a good project
    • Work with Agencies
    • Listen to professionals
  • Wrong way – Community B
    • Fighting among council people
    • Some people use most difficult approach
    • Keep rates running in negative
    • Get sent to enforcement

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Hypothetical�Community Working together � Community A - Do’s

  • Separate Budget for different Utiliites/Departments
  • Budget for Short term – Annual
  • Budget for Long Term – 5 -20 year
  • Save Money – Reserve Fund
  • Community Realizes a Potential Problem in Future
  • Save Money – Reserve Fund
  • Council and operators get on same page

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Hypothetical�Community Working together �Community A - Do’s

  • Proper Selection process for Professionals
  • Understand funding options and decide
  • Understand which Professionals are required for what funding
    • Engineer
    • Attorney (Project Attorney)
    • FA/Underwriter
    • Grant Administrator

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Hypothetical�Community Working together � Community A Do’s

  • Different Utilities/Department should at least break even
  • Rates and/or taxes should pay for expenses
  • Robbing one to float the other – not good
  • Need realistic budgets
  • Need annual audits
  • Should be transparent in budget and audit
  • Have FA go over loans and refinancing periodically

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Hypothetical�Community Working together �Community A Do’s

  • Understand impact of loan to user rates
  • Loan amount
    • SRF – 20 year, 2% or less
    • USDA-RD – 35 year, 2.3-4.5 %
    • Lease Financing – 20 year at 4.5 -6%
  • Grants are possible
    • MDNR
    • CDBG
    • USDA-RD

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Hypothetical�Community Working together �Community A Do’s

  • Decide on project scope
    • Plant improvements
    • Water mains section/footage
    • Sewer mains sections/footage
  • Cost breakout/budget
    • Maximum loan can afford
    • Amount of Grant Eligible
  • Meet with Funding agencies
  • Meet with Engineer
  • Meet with Attorney
  • Meet with FA/Underwriter
  • Meet with Planning Commission/Grant admin

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Hypothetical�Community Working together � Community A Do’s

  • Do your homework
  • Check References of all Professionals Hired
  • Go look at Equipment and layouts
  • Get an Attorney that wants to help you
  • Check with MRWA about problems around the State
  • Hire Engineer that wants to help
  • Do you want something “Gold Plated”
  • “People taking care of people”

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Hypothetical�Community Working together �Do’s

  • Remember: most things in life are not free
  • Grants and low interest loans have “strings”/”red tape”
  • Environmental Reviews/Studies
  • Due Diligence Questionnaires (DDQ)
  • Public hearings/meetings
  • Owners follow these rules and it is extra insurance for project

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Hypothetical�Community Working together �Community A Do’s

  • Can only design for data provided by the owner/City/District
  • Good data to Engineer
  • Provide good data to FA/Underwriter
  • Provide good information to Project Attorney
  • All may ask City for more data
    • Flow data
    • Cost data
    • Expenses
    • Problems with the system

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Hypothetical�Community Working together �Community A Do’s

  • Start with developing good map of existing system
  • This is foundation for everything to come
    • Design
    • Data
    • Costs
    • Problems to solve
    • Solutions to evaluate
  • Develop preliminary maps of proposed system
    • Solutions selected
    • Review and comment on proposed solutions
    • Review budgets
    • Stay in budgets and scope

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Hypothetical�Community Working together �Community A Do’s

Wants and Needs and Money

Water – 5 Year OSP’s are a “great thing”

Be mindful of costs

Changes can cost time and money

Most people want a lot of stuff for little money

“Wants and needs and money”

“Pick your poison

There are always unwanted “Buried Treasures”

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Hypothetical�Community Working together �Community A Do’s

  • Owner follow through with Bond issues
  • Owner has a contact person for information and plan reviews
  • Owner follow through with signing paperwork
  • Owner follows through with bidding
  • Owner follows through with construction
  • Owner understands nothing is perfect
    • Make situation as good as possible
    • Make sure all parties do their jobs.

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Hypothetical�Community Not Working Together � Community B – Don’ts

Charlie Brown cloud over them

Always steps in a bucket not smelling like a rose

Fights among themselves

Councilperson has hidden agenda

No rate increases - ever

Competition with neighbors – football/basketball game

School competition

Religion factors

Politics – something that happened 50 years ago

Not explainable - Goes back to Civil War?

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Hypothetical�Community Not Working Together � Community B – Don’ts

  • Types of problems
    • Self inflicted problems
    • Mother Nature
    • “Acts of God”
  • Everett Baker would say:

“Not only shot themselves in the foot but took direct aim”

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Hypothetical�Community Not Working Together �Community B Don’ts

  • Workplace Violence
    • Citizens/co-workers
    • Job sites
    • Document all incidents/threats-physical or verbal
    • During construction
    • Terrorism/vandalism
  • Protection
    • Know legal rights and liabilities
    • Firearms- conceal and carry
    • Buddy system – can be used
    • Law enforcement personnel - should be used.

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Hypothetical�Community Not Working Together �Community B Don’ts

  • First PER completed – not approvable, mess, maybe illness created
  • Bond issue passed is not near enough
  • Bond issue passed not worded correctly
  • Someone stealing money/getting kick backs
  • A community will not pay for an audit
  • Community decides on a plan then back out/changes mind
  • Maybe change mind 5 times
  • Someone does not follow through on easements
  • Mayor does not want to sign an easement even though council wants to

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Hypothetical�Community Not Working Together �Community B Don’ts

  • Operator data is not reliable
  • City won’t pay to have boundary survey –property owned by others
  • Former Mayor/council person - conflict and false accusations
  • This causes re-design and more expenses and delays
  • MDNR – Disagrees with PER – Small town no money
  • Attorney not getting job done or getting blamed
  • Environmental problems
    • Buried tanks
    • Indian artifacts
    • Rare or Endangered animal

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Hypothetical�Community Not Working Together �Community B Don’ts

  • MDNR finds out wastewater plant is discharging
    • DMR’s show no discharge
    • DMR’s show in compliance but MDNR split samples
    • Realize NPDES permit is Federal (could be Felony)
  • Or
  • Pilot study
    • Supplier shows in compliance
    • Tells City in compliance
    • City operator splits samples – not in compliance
    • DMR’s show system has remained in non-compliance
    • No guarantee from supplier this would work – Cost Tax payer more

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Hypothetical�Community Not Working Together �Community B Don’ts

  • Owner keeps changing directions/plans
  • Owner keeps changing project attorneys
  • Mayor does not like Operator – publicly criticizes
  • Mayor and Council won’t listen to operator
  • Council won’t raise rates
  • City Manager/Administrator – won’t provide direction
  • Council meetings – 20-40 people complaining every meeting
  • Attorney wants to change Engineers in middle of project
  • Almost every project contains ridiculous drama

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Hypothetical�Community Not Working Together �Community B Don’ts

  • Engineer, Grant Administrator, FA and Attorney help get grant and low interest loans
  • Owner becomes an enforcement case with MDNR
  • City signs an Administrative Order of Consent (AOC)
  • EPA begins investigation of problem
  • Owner tries to fight MDNR because of higher rates, etc.
  • Owner tries to get local politician involved
  • Process gets delayed more
  • City changes mind on progress path again
  • City looks for more funding

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Hypothetical�Community Not Working Together �Community B Don’ts

  • City continues to ask for more grant money
  • City finally gives all grant and loan money back
  • City has to start all over
  • MDNR Enforcement really steps in
  • MDNR Refers to Attorney General
  • Fines are assessed
  • City hires Attorney and Engineer (cost them more)
  • Not much in grant money now
  • Receivership is assigned by State

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Hypothetical�Community Not Working Together �Community B Don’ts

  • Maybe some work or construction is started
    • City not want to pay Engineer, contractor, attorney, equipment supplier
    • City get sued for non-payment
  • OR
  • Maybe construction was almost done
    • City and contractor fight about perfection (many examples)
    • Arbitration or mediations – both are terrible for all parties
    • Contractor not getting paid
    • Contractor walks off job – no equipment start-up
    • Then legal battle (contractual responsibilities)
    • Forensic investigation

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Operators/manager�Any city, community or District

  • Do what is right
  • Document properly
  • Your job is very important and needed
  • Try to enjoy it

  • Questions/Comments/Experiences