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8.g Administrators reportDATE: October 21, 2019 TO: Honorable Mayor and City Council Members FROM: Ken Cammilleri, City Adrministrator RE: Administrator's Report Scandia Tabacco failed its compliance inspection on October 18th. It is subject to a $100 administrative citation and will face no further penalties based our earlier tabacco ordinance 92. The new 21 Tabacco Ordinance went into effect on Wednesday, October 23,d. All license holders received notification of the ordinance's effective date and a copy of the written regulations prior to the regulation prior to implementation. Administration is impletmenting a new process of zoning verification letters, to clarify formal direction and information received related to zoning inquiries and instructions related to correcting existing violations. This process is expected to enhance consistency and improve the city's records on zoning related matters. Notice for soliciting applications for the Internet Action Committee has been posted on October 22, 2019. Applications will be collected and provided to the Council at its next workshop meeting. I meet with Tyler Hilsabeck with Open to Business Program through Washington County to learn more about their services that available to existing and aspiring businesses in Scandia on Monday, October 28,2019. On October 291h, new enforcement actions regarding excessive animal units at 13550 Scandia Trail North were taken. Compliance checks will be weekly and tickets will be issued for each subsequent violation. The Washington County Sheriffs Office Investigations Divison is conducting a separate investigation regarding animal welfare issues at the property. Violation notices will be sent to properties who did not comply with the City's sewer inspection program. All violations will be dismissed once property owners schedule inspection times. 1-1727 "3()90, St. N, I'() J3 x 128, Scandia, Nhms �sota 35073 Phone (651) =63.3 -??7a1 (65h 433-51 12 Imp: Page, 1 of 1 From: Dave Hume <dave.hume@lrewater.com> Sent: Friday, November 8, 2019 8:21 AM To: k.cammilleri Cc: ryan.goodman@bolton-menk.com Subject: RE: Proposal - Tiller monitoring review Attachments: Tiller Lofton Ave (LRE - Monitoring Review Scope of Work (1 1-8-19).pdf Ken, Disregard the previous email and attachment. I had to revise the file name and date to reflect LRE instead of WSP. Correct one is attached. Dave From: Dave Hume <dave ume(@Irewater.com> Sent: Friday, November 8, 2019 7:47 AM To: Ken Cammilled (k�caninii�lleri cl..s�caiidia!,Li-Lti.us)<k.cammi > Cc:'Ryan Goodman' <BygD.C-ioodmatioaboltoil-rTienk,cotn> Subject: Proposal - Tiller monitoring review Ken, Leonard Rice's proposal for two years of groundwater monitoring review of Tiller's site data is attached. We'll complete our review first quarter of the year after Tiller submits their ACIP to the City. At your convenience, please review and if acceptable sign the contract and email back to my attention. Thanks, Dave Hume, PG Sr. Project Manager & VP Midwest Operations Leonard Rice Engineers, Inc. Phone 6I2-805-0919 email dave.hume-@Irewater.com Web www.Irewater.com 0 Integrated Water Resources Engineering LeonardRice Innovative solutions for Water and Land Jr ENGINEERS,INC. AE: Proposal for Evaluating Groundwater Monitoring Results Tiller Corporation Sand and Gravel Mining Operations Scandia, MN City of Scandia, MN -with the following 1proposal to evaluate the groundwater monitoring data from Tiller Corporation's (Tiller) sand and gravel mining and processing operations located at 22303 Manning Avenue North, Scandia, ota (Sitej. Per the c nditions of the Conditional Use Permit (CUP), Tiller is required to provide LRE's scope of work will include an annual evaluation of the groulndd water quality iQi1tions in the CUP. Following this review, LRE will provide the City with a summary of the findings. LRE's total estimated cost to complete the above scope of work for two AOP renewal periods 2020 and 2021) is $5,000. If LRE's services beyond the scope of this priii W are required, the additional services will be conducted on a time and materials basis. No additional work will be conducted without permission from the City. Thank you for the opportunity to provide this proposal to the City. If you have any questions, please contact me at (612) 805-0919. W= Enclosure R:\OO-Ne%K-Buaaaness\067PR02019\Scandia -THler\'f!11er Lofton Ave (WSP - Monitoring Review Scope of Work (2-1-19)docx 01 the event of a conflict between the standard contract terms or fee schedule and any attached proposal or scope of work, terms of the proposal or scope shall govern. CLILNT INFORNJATION Name: Ken Cammilleri Phone Number: 651-433-2274 Company: City of Scandia Fax Number: Address: 14727 209th Street E-mail: _Lcammiller,@,ci.scandia.mn.us City/St/Zip: _§candia, MN 55073 BILLING INFORMATION Name: Same as above Company: Address: City/St/Zip: L'110 LECT INVRMA OTION _ City: Scandia County: State: N4N Zip: 55073 Brief Statement of Services: Annual review groundwater monitoring data Anticipated Start Date: 1/2020 Anticipated Completion Date: 3/2021 Cost Estimate: $5,000 LRE Office Location: pis -St. Paul Project Representative: D. Hume Retainer: - (Retainer check shall accompany executed contract) lientherebivengag,esLREto V.6 i A? , .1 CLIENT By: (signature) Printed: 0 WTI= By: (signature) Printed: Gre Roush Title: Date: FEE PAYMENT 1) LRE will submit invoices to Client monthly following any month of significant activity, and a final invoice upon completion of services, Invoices will show charges based on current LRE Fee Schedules or other agreed-upon basis. and will include a detailed separation of charges and supporting information, 2) Payment is due upon receipt of invoice. On accounts past due by thirty (30) days, Client will pay a finance charge of 1,5 percent per month dating from the invoice date 3) In the event Client requires expert -witness testimony, Client will pay LRE all past due balances before LRE will proceed to prepare for or offer testimony, 4) Client will pay the balance stated on the invoice unless Client notifies LRE of the particular hem that is alleged to be incorrect within Fifteen (15) days from the invoice date Client will remit the balance of undisputed items in a timely manner while a disputed item is being reviewed 5) In the event Client fails to pay LRE within thirty (30) days following invoice date, LRE may consider the default a breach of the consulting agreement and all duties of LRE may be suspended or terminated, and work product may be withheld, without liability of any kind to LRE OWNERSHIP OF DOCUMENTS AND CONFIDENTIALITY 1) All reports, field data and notes, laboratory test data, calculations, estimates, and other documents prepared in the course of consulting service shall remain the property of LRE, Client agrees that all reports and other work LRE furnished to Client or Client's agents which are not paid for, will be returned upon demand and will not be used for any purpose whatsoever 2) Documents provided to LRE by Client will be returned to Client, upon request, at the completion of work at Client's cost, 3) Reuse of reports or other materials by Client or others on extensions or modifications of the project or on other sites, without written permission from LRE or adaptation by LRE for the specific purpose intended, shall be at the user's sole risk, without liability on the part of LRE, and Client agrees to indemnify and hold LRE harmless from all claims, damages and expenses, including attorney's fees 4) LRE shall maintain Client's project data and reports in strictest confidence, and will release such information to others only upon express written permission from Client. DISPUTES 1) Client will pay all reasonable collection expenses or litigation fees, including attorney fees that LRE incurs in collecting any delinquent amount Client owes. 2) If the Client institutes a suit against LRE which is dismissed or for which judgment is rendered for LRE, Client will pay LRE for all costs of defense including attorney fees, expert witness fees and court costs. INSURANCE AND INDEMNIFICATION 1) LRE will carry Workers Compensation, General Liability, Automobile Liability, Excess Umbrella -Form Liability and Professional Liability insurance policies in amounts which LRE considers adequate Certificates of insurance will be provided to Client upon request Within the terms and conditions ofthe insurance, LRE agrees to indemnify Client against loss caused by negligent actions of LRE, its employees or its subcontractors LRE will not be responsible for liability beyond the limits and conditions of the insurance At Client's request, LRE will seek additional insurance coverages or coverage limits for specific projects, and will bill Client for the additional premium cost LRE will require that its field subcontractors are insured to the same levels required of LRE by Client 2) LRE's professional liability will be limited to The value of the consulting services performed 3) LRE will not be responsible for any loss or liability from negligence by Client or by other agents, contractors or consultants employed by Client or from negligence by any person for whose conduct we are not legally responsible, TEST BORINGS AND OTHER EXPLORATIONS 1) To drill leg borings or perform other explorations, LRE may engage a contractor experienced in this work, The Contractor's invoices plus a ten (10) percent service charge will be added to LRE's invoice On occasion, LRE engages the specialized services of individual consultants or other companies to participate in a project. When considered necessary, these finns or other consultants will be used with Client's approval The cost of such services plus a ten (10) percent service charge will be included in our invoice. Such specialists will be wholly responsible for their work product 2) Alternatively, at Client's request, LRE will recommend contractor(s) or specialists) for Client to enter into direct contract(s) with In that event, invoices for these outside services will be mailed to Client for direct payment to the contractor(s). LRE review and approval of each invoice will be provided on request Under either alternative, LRE does not guarantee and is not responsible for the performance of the contractor(s) or the accuracy of their results CUSTODY OF MATERIALS I ) In the course of work, LRE may take custody of and transport soil and/or water samples from Client's site, Upon the completion of evaluation and/or testing of such samples- LRE reserves the right to return the samples to Client at Client's expense, and Client agrees to accept such samples and the responsibility for their Proper and legal disposal 2) At no time. under any circumstances, will LRE personnel represent LRE or themselves as generators of waste, hazardous or otherwise, which may have to be removed from or disposed of on a site. and LRE personnel vvill not sign hazardous waste manifests on behalf ofClient, RIGHT OF ENTRY Client will furnish Tight -of -entry on the Site for LRE to conduct the work, LRE will take reasonable precautions to minimize damage to the land from use of equipment, but has not included in the fee the cost for restoration ofdamage that may result from site operations. lfLRE is required to restore the land to its former condition, this wifi be arranged and the cost plus 10 (10) percent will be added to our fee, DAMAGE TO SUBSURFACE STRUCTURES Reasonable care will be exercised in locating subsurface structures in the vicinity of proposed subsurface explorations. This will include contact with the local agency coordinating subsurface utility information (i.e , "Call Before You Dig" service) and a review of plans provided by Client for the site to be investigated LRE shall rely upon any information provided by Client or Client's agent or representative If the locations of underground structures are not known accurately or cannot be condoned, then there will be a degree of risk to Client associated with conducting the work In the absence of confirmed underground structure locations, Client agrees to accept the risk of damage and possible costs associated with repair and restoration of damage resulting from the exploration work PETROLEUM PRODUCTS AND HAZARDOUS MATERIALS 1) Petroleum products, hazardous materials, or asbestos may exist at a site where there is no reason to believe they should be present. If, at any time, evidence of the existence or possible existence of such substances is discovered, LRE reserves the right to renegotiate any consulting agreement, the fees for our services and OUT continued involvement in the project. LRE will notify Client as soon as possible should unanlicipati,,,d hazardous materials or suspected hazardous materials be discovered. 2) The discovery of hazardous materials or suspected hazardous materials may make it necessary for LRE to take immediate measures to protect human health and safety and/or the environment- Client agrees to compensate LRE for the cost of any and all measures that, in our professional onsitejudgiiient arejustified 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 LRE and, to the full extent permitted by law, agrees to indemnify, defend and hold LRE 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 STANDARD OF CARE In accepting our proposal for consulting services, Client acknowledges the inherent risks associated with any surface and subsurface investigations. In performing professional services, LRE will use that degree of care and skill ordinarily exercised under similar circumstances by members of the profession practicing in the same or similar localities. LRE makes no express or implied warranty beyond our commitment to conform to this standard of professional practice