5.g) 2014 SCA - WCA - Zavoral_UPDATEDREVISED_03032014Contract Number: 14-01 SCANDIA
CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF
SCANDIA FOR TECHNICAL ASSISTANCE
2014 General Technical Services Program
A. PARTIES
This Agreement is made and entered into by Washington Conservation District, (WCD), and City
of Scandia (City).
B. PURPOSE
WHEREAS, the City has requested assistance from the WCD to implement the policies specified
in MINN. STAT. § 103A.206; and
WHEREAS, the WCD is authorized to enter agreements to provide such assistance pursuant to
MINN. STAT. § 103C.331, SUBD. 3 and 7.
NOW, THEREFORE, the parties agree as follows:
C. TERM OF CONTRACT
The term of this agreement shall be from January 1, 2014 to December 31, 2014 unless
terminated earlier as provided herein.
D. SCOPE OF SERVICES
The WCD will perform all services and furnish and deliver work products generally described in
Exhibits A and B, attached and made part of this agreement, when directed by a City
representative.
E. COST
In full consideration for services under this agreement, the WCD shall charge the City a fee for its
staff services and actual costs for project expenses in accordance with Exhibit A and Exhibit B.
Costs for services for activities detailed in the attached Exhibits include:
Exhibit A: WCA LGU Support - $2,205
Exhibit B: Zavoral Mine Monitoring, Inspection, and Review Services - $42,369
Total Agreement: $44,574
Any additional costs for special studies or capital projects must be set forth in a written
amendment to this Agreement.
F. BILLING PAYMENTS
WCD will bill the City for staff services and actual direct project expenses. For calendar year
2014, the services provided by the WCD hereunder shall be billed at a maximum rate of $74 per
hour. Invoices will be sent monthly and are payable by the City net 60 days.
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G. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS
During the performance of this Agreement, the WCD agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public
assistance, criminal record, creed or national origin, be excluded from full employment rights in,
be denied the benefits of, or be otherwise subjected to discrimination under any program, service,
or activity under the provisions of all applicable federal and state laws against discrimination
including the Civil Rights Act of 1964.
If during the term of this Agreement, it is discovered the WCD is not in compliance with the
applicable regulations as aforesaid, or if the WCD engages in any discriminatory practices, then
the City through the office, may cancel said Agreement as provided by the cancellation clause of
this Agreement.
H. STANDARDS
The WCD shall comply with all applicable Federal and State statutes and regulations as well as
local ordinances now in effect or hereafter adopted.
Failure to meet the requirements of the above may be cause for cancellation of this contract
effective the date of receipt of the Notice of Cancellation.
I. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purpose in the
course of the WCD's performance of the Agreement is governed by the Minnesota Government
Data Practices Act, Minnesota 1984, Section 13.01, et seq., or any other applicable state statutes
and state rules adopted to implement the Act, as well as state statutes and federal regulations on
data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may
be amended.
J. AUDITS, REPORTS, AND MONITORING PROCEDURES
The WCD will:
Maintain records that reflect all revenues, cost incurred and services provided in the
performance of the Agreement.
2. Agree that the City, County, the State Auditor, or legislative authority, or any of their
duly authorized representatives at any time during normal business hours, and as often as
they may deem reasonably necessary, shall have access to the rights to examine audit,
excerpt, and transcribe any books, documents, papers, records, etc., and accounting
procedures and practices of the WCD which are relevant to the contract.
K. INDEMNITY
The WCD and the City mutually agree, to the fullest extent permitted by law, to indemnify and
hold each other harmless for any and all damages, liability or cost (including reasonable
attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in
the performance of their services under this agreement, to the extent each party is responsible for
such damages and losses on a comparative basis of fault. Parties agree to provide proof of
contractual liability insurance upon request.
L. INDEPENDENT CONTRACTOR
It is agreed that nothing herein contained is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties hereto or as
constituting the WCD as the agent, representative, or employee of the City for any purpose or in
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any manner whatsoever. The WCD is to be and shall remain an independent contractor with
respect to all services performed under this Agreement.
The WCD represents that it has, or will secure at its own expense, all personnel required in
performing services under this Agreement. Any and all personnel of the WCD or other person,
while engaged in the performance of any work or services required by the WCD under this
Agreement, shall have no contractual relationship with the City and shall not be considered
employees of the City.
M. MODIFICATIONS
Any material alteration or variation shall be reduced to writing as an amendment and signed by
the parties. Any alterations, modification, or variations deemed not to be material by agreement
of the WCD and the City shall not require written approval.
It is understood and agreed that the entire agreement of the parties is contained here and that this
contract supersedes oral agreements and negotiations between the parties relating to this subject
matter. All items referred to in this contract are incorporated or attached and deemed to be part of
the contract.
O. TERMINATION
Either the WCD or the City may terminate this Agreement with or without cause by giving the
other party thirty (30) days written notice prior to the effective date of such termination. If the
City terminates this Agreement without cause, it shall pay to the WCD for services performed up
to the date of termination.
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IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
APPROVED:
CITY WCD
BY: BY:
Mayor Date Board Chair Date
BY: BY:
Clerk Date WCD Manager Date
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EXHIBIT A
2014 SCOPE OF SERVICES FOR THE CITY OF SCANDIA
TECHNICAL SERVICES AGREEMENT
BETWEEN THE WASHINGTON CONSERVATION DISTRICT (WCD) AND
CITY OF SCANDIA (City)
At the request of the City the WCD shall furnish the following services under the terms of the
AGREEMENT.
Local Government Unit (LGU) administration of Wetland Conservation Act (WCA)
TASK 1. Technical assistance
The WCD will review wetland related applications as per Mn Rule 8420 (e.g. no loss, exemption,
boundary/type, replacement plan, sequencing, banking) and review monitoring reports for
authorized wetland impacts and mitigation areas.
Estimate: 6 hrs/application x 2 applications = 12 hours
TASK 2. Administrative assistance
The WCD will process wetland related applications, following the LGU procedures described in
the WCA. This includes mailing of application notices, consolidation of public comments,
preparation of TEP reports, preparation of Findings of Facts, and mailing of decision notices.
The WCD will make the decision on applications on behalf of the City, consult the City, or defer
the final decision to the City Council, as per City of Scandia Resolution No. 04-20-10-05.
Appeal of decisions made by the WCD on the City's behalf will be directed to the City Council.
Estimate: 10 hrs/application x 2 applications = 20 hours
TASK 3. Miscellaneous Services
The WCD will provide other services, related to wetland permitting or monitoring, at the request
of the City. Examples include supplemental construction monitoring, education programs, or pre -
application review of City -sponsored projects.
Estimate: 3 hrs/year
LGU — WCA administration Summary
Estimated 2014 Total: 35 hours @ $63/hour = $2,205
This estimate is based on reviewing two wetland applications in 2013. The costs associated with the
review of additional applications are not included in this scope and would be billed on an hourly basis at
the rate provided above.
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EXHIBIT B
2014 SCOPE OF SERVICES FOR THE CITY OF SCANDIA
TECHNICAL SERVICES AGREEMENT
BETWEEN THE WASHINGTON CONSERVATION DISTRICT (WCD) AND
CITY OF SCANDIA (City)
At the request of the City the WCD shall furnish the following services under the terms of the
AGREEMENT. All tasks related to the proposed Zavoral Mine Conditional Use Permit (CUP). Any
significant deviation from the proposed project schedules or work plans may require modifications to this
Scope of Services and an amended written agreement between the City of Scandia and the WCD.
Additional meetings or tasks that are not specifically included in the tasks below requested by the City,
including agents acting on behalf of the City (e.g. engineer or planning consultant), will be billed on an
hourly basis at the billing rates per the attached rate table.
Site visits for performing monitoring/data collection tasks have been combined, when feasible, for
Technical Services 1-4 to provide a cost savings to the City. A cost for each performing each service
independently can be provided in the event that not all services are selected under contract.
Technical Service 1: Surface Water Monitoring
TASK 1. Stream Monitoring Equipment Installation and Data Collection
The WCD will install stream monitoring equipment at two locations on Zavoral's Creek: one near
the mouth and one upstream of Crystal Springs. The station near the mouth will track continuous
15 -minute stage, discharge, velocity, turbidity, dissolved oxygen (DO), temperature, and
conductivity data. An automated sampler will be used to collect stormwater composite samples
and grab samples will be collected during baseflow conditions, with a goal of collecting 15 total
samples. Samples will be analyzed for total and volatile suspended solids in order to form a
correlation between turbidity and suspended solids, so suspended solids results from previous
years can be compared to 2014 data. In -stream discharge measurements will be taken at this
station to develop a stage -discharge rating curve, and field measurements of transparency and pH
will be collected with the grab samples. A macroinvertebrate sample will be collected once in the
spring/early summer and once in late summer/fall. The samples will be shipped to a lab for
identification. The Crystal Springs monitoring station will record continuous 15 -minute stage,
discharge, velocity, turbidity, DO, temperature, and conductivity data. A new monitoring station
shall be installed at Middle Creek near the mouth, and equipment, protocols, and gathered data
will be similar to the Crystal Springs station. All locations will be monitored during all months
when the mine is in operation, weather and safety of WCD personnel permitting. Due to winter
weather conditions and the related limits of monitoring equipment in freezing temperatures,
winter protocols (approximately Nov. — March) will include recording continuous 15 -minute
turbidity, dissolved oxygen, temperature, and conductivity at the Zavorals Creek mouth location
and potentially at the Middle Creek station, and the automated sampler will be removed at
Zavorals Creek. The ability to monitor the creeks depends on the presence of flowing water. The
absence of flowing water, shallow water within the creek that would expose the equipment to the
air, or the presence of thick ice (that would have to be broken to reach the equipment) will
prohibit the monitoring efforts. Winter monitoring at the location upstream of Crystal Springs is
not feasible due to the likelihood that the creek channel would be dry thus exposing the
equipment to winter conditions resulting in damage.
Estimate: Data collection & set up: 260 hrs @ 63/hr = $16,380
Estimate: Water quality sample analysis = $700
Estimate: Macroinvertebrate identification = $500
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Middle Creek equipment cost estimate = $12,000
Total $29,580
TASK 2. Water Quality/Quantity Data Analysis & Management
The WCD will perform any necessary procedures to ensure proper data management, including
data editing, quality control, storage, and backup. Data will be analyzed and compared to
activities within the proposed Zavoral Mine to document any adverse hydrologic effects to the
streams.
Estimate: 95 hrs @ $63/hr = $5,985
TASK 3. Stream Monitoring Summary Report
The WCD will prepare and submit to the City of Scandia by January 15'' a summary report of the
findings of the stream water quality and quantity monitoring. WCD will review the groundwater
monitoring reports and coordinate with City's groundwater consultant in reporting any correlating
effects. The report will also include summaries and recommendations, if any adverse effects are
found that could potentially be caused by mining activities at the proposed Zavoral Mine.
Estimate: 30 hrs @ $63/hr = $1,890
Technical Service 1: Surface Water Monitoring Summary
Estimated Total: $37,455
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Technical Service 2: Wetland Boundary Monitoring
TASK 1. On-site review of wetland boundaries
The WCD will coordinate with the Technical Evaluation Panel (TEP), Applicant, and City to
conduct an annual field review of the wetland boundaries delineated within the Zavoral Mine
project boundary (Wetlands A, B, C as shown in the CCES wetland delineation report dated
January 14, 2011). The WCD will prepare and disseminated TEP Findings of Fact summarizing
the results and observations of the field review.
The WCD will also review hydrologic monitoring data collected by other City partners and
review for changes to the wetland boundaries. Upon receipt of the data, a summary technical
memorandum will be prepared and submitted to the City with WCD's findings and conclusions.
Estimate: 12hrs @ $63/hr = $756
Technical Service 2: Wetland Boundary Monitoring
Estimated Total: $756
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Technical Service 3: Erosion and Sediment Control Inspections
TASK 1. Site Inspection and Summary Reporting
The WCD will provide site inspections of the proposed Zavoral Mine during times of operation to
ensure that erosion/sediment control, stormwater management, and other related requirements are
met, as per the project Stormwater Pollution and Prevention Plan (SWPPP) and conditions, if any,
of the Conditional Use Permit or Annual Operating Permit. The quantity and frequency of
inspections are dependent on mining operations and therefore will be done on an as -needed basis
during defined haul events or, at a minimum, monthly inspections will occur April through
November. Additional inspections shall be at the request of the City and will be billed on an
hourly basis. The inspections will verify that stormwater management facilities and
erosion/sediment control practices are functioning, are in compliance, and are installed as per the
project SWPPP. Any and all violations will be reported to the City for enforcement action, in
writing or via email, within 24 hours of observing the site being out of compliance. A summary
email or memo will be submitted to the City after each inspection
Estimated 8 site inspections: 3 hrs per inspection @ $63/hr = $1,512
Prepare and submit 8 summary emails: 8 total hours @ $63/hr = $ 504
Total $2,016
Technical Service 3: Erosion and Sediment Control Inspections Summary
Estimated Total: $2,016
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Technical Service 4: Threatened and Endangered Species (T&E)
TASK 1. Conduct Site Reviews to document Compliance with Tiller Corporation's
Standard Operating Procedures (SOP) for operations near Blanding's Turtles
Site reviews will be conducted, in conjunction with other Technical Services, to verify
compliance with the Blanding's turtle mitigation measures as listed in Appendix C of the Zavoral
Mine FEIS.
Estimated 1 site inspections: 1 hr per inspection @ $63/hr = $63
TASK 2. Annual Inspection of Site and Monitor T&E Listing Status of Butternut
Tree
The WCD will perform one annual inspection of the Zavoral Mine site. The site inspection will
verify the presence of the one disease-free butternut tree within the property.
Estimate: 1 hr @ $63/hr = $63
Technical Service 4: Threatened and Endangered Species Summary
Estimated Total: $126
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Technical Service 5: Reclamation Plan Review and Inspection
TASK 1. Review Zavoral Reclamation Report and Plan
The WCD will review the Zavoral Property Reclamation Report for 2013 activities and any
necessary Reclamation Plan amendments to ensure the Reclamation plan meets the requirements
of the conditions of an approved conditional use permit and is consistent with the potential
mitigation measures as provided in the Zavoral Mine FEIS.
Estimate: 8 hours @ $63/hr = $504
TASK 2. Conduct Site Inspections to Verify Implementation of the Restoration Plan
The WCD will perform inspection of the Zavoral Mine site on an as needed basis during
implementation of the restoration plan. Since this task will depend on the phasing of the project,
timing of the reclamation activities, and schedules of the various mining activities, the cost
estimate may be subject to significant changes. This task includes coordinating with the City and
Tiller to obtain restoration activity timelines.
Estimated 4 site inspections: 2 hrs per inspection @ $63/hr = $504
Technical Service 5: Reclamation Report/Plan Review and Inspection Summary
Estimated Total: $1,008.00
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Technical Service 6: Annual Operating Permit Review
TASK 1. Review Annual Operating Permit and Provide Technical Assistance
The WCD will review the 2014 Zavoral Mine Annual Operating Permit (AOP) and provide
technical assistance during the City's review process as it relates to the AOP application and the
Technical Services as listed in this proposal (1-5). This task includes attending up to two City
Council meetings with the AOP application on the agenda. This task also includes attending one
meeting with City Staff.
Estimate: 16 hours @ $63/hr = $1,008
Technical Service 6: Annual Operating Permit Review Summary
Estimated Total: $1,008
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