5.d) Staff Report-Contract with Washington Co. Conservation District . -
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SCANDIA
StaffRenort
Date of Meeting: January 15, 2013
To: City Council
From: Kristina Handt, City Administrator
Re: Contract with Washington Conservation District
Agenda Item#: S.d)
Background:
The City has been contracting with Washington Conservation District to provide technical
services related to the administration of the Wetland Conservation Act for a number of years.
Issue:
Should the proposed contract for 2012-2013 be approved with Washington Conservation
District?
Proposal Details:
Included in your packet is the proposed contract for 2012-213. The contract has been reviewed
by Attorney Stevens and he raised no issues.
The format of the contract is a bit different from past contracts in that there are two e�ibits
attached. Exhibit A covers the Wetland Conservation Act requirements. Exhibit B covers the
monitoring on the Zavoral site, should the CUP be approved. You will notice on page one under
scope of services,there is language that reads, "when directed by a City representative." So if
the Zavoral CUP is not approved the City obviously would not direct WCD to perform those
duties. WCD asked that the contract be composed this way in order to avoid future delays by
having to amend contracts. Tasks 6 and 7 of Exhibit B have already been approved at the staff
level as they were necessary in order to prepare the conditions and monitoring protocol discussed
for the Zavoral mine. Tiller will be responsible for reimbursing the City for those costs just as
they have been for planning,legal and other services.
There have been applications submitted to the WCD for wetland review on other properties in
the city recently so it is important to get a contract in place to cover those services. On average
there have been about two applications for wetland review each year in the City of Scandia.
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Fiscal Impact:
If two wetland review applications are processed for the City and five hours of miscellaneous
work is completed in 2013,the City would be charged $2,835. All but$315 of this would be
reimbursed by the applicants.
Any services provided beyond those described above would be billed at an hourly rate of
$63/hour. Any additional costs would be set forth in an amendment to the contract.
The cost of the Zavoral monitoring would be about$42,639 and they City would be reimbursed
by the applicant.
Options:
1) Approve the contract
2) Amend and then approve the contract
Recommendation:
Option 1.
Contract Number: 13-01 SCANDIA
CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF
SCANDIA FOR TECHNICAL ASSISTANCE
2012-2013 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,theparties agree as follows:
C. TERM OF CONTRACT
The term of tl�is agreement shall be from October 22,2012 to December 31,2013 unless
ternunated 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-$2,835
Exhibit B: Zavoral Mine Monitoring,Inspection, and Review Services-$42,639
Total Agreement: $45,474
Any additional costs for special studies or capital projects must be set forth in a written
amendrnent to this Agreement.
F. BILLING PAYMENTS
WCD will bill the City for staff services and actual direct project expenses. For fiscal years
2012-13,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 OPPORTi7NITY-C1VIL 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
T'he 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 PRNACY
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. AUDTTS,REPORTS,AND MO1vITORING PROCEDURES
T'he WCD will:
1. 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 indexnnify 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, enors 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
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constituting the WCD as the agent,representative,or employee of the City for any purpose or in
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.
N. MERGER
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 ternunates this Agreement without cause,it shall pay to the WCD for services performed up
to the date of ternunation.
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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
2013 SCOPE OF SERVICES FOR THE CITY OF SCANDIA
TEC�INICAL 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(LGin 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: 8 hrs/application x 2 applications= 16 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: 12 hrs/application x 2 applications=24 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: 5 hrs/year
LGU—WCA administration Summary
Estimated 2013 Total: 45 hours @$63/hour=$2,835
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
2012(partial)-2013 SCOPE OF SERVICES FOR THE CITY OF SCANDIA
TECHI�TICAL 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)assume the
project will operate under its "Preferred Alternative" as described in the project Final Environmental
Impact Statement (FEIS). 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
T'he water monitoring methods described in this task are procedures that are necessary to
determine potential changes to Zavoral's Creek caused by mining activities in the watershed.
Monitoring at an upstream and downstream location in relation to the mine allows us to
deternune changes in the following: discharge, velocity, stage, turbidity, suspended solids,
dissolved oxygen, temperature, conductivity, and pH. Originally, a more sunple methodology
was planned to include one monitoring location on Middle Creek(stage and discharge only) and
only one on Zavoral's Creek(discharge, stage,and automated sampling). That plan was replaced
in favor of having a more intensive monitoring plan where there are two locations on Zavoral's
Creek and no monitoring on Middle Creek. The revised monitoring is detailed below.
The WCD will install stream monitoring equipment at two locations on Zavoral's Creek: one near
the mouth and one at Crystal Springs. Monitoring will occur March-October.The station near the
mouth is an existing monitoring station and 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 2013 data.
A new monitoring station will be installed at Crystal Springs, and continuous 15-minute stage,
discharge, velocity, turbidity, DO, temperature, and conductivity data will be collected. Grab
samples will be collected at the same time as when grab samples are collected at the mouth site,
and will be analyzed for total and volatile suspended solids. In-stream discharge measurements
will be taken at both sites to develop stage-discharge rating curves. Transparency, DO,
temperature, conductivity, and pH will be collected in the field at both sites. The Crystal Springs
site will be monitored only if access to the location is granted by the private land owner and is
physically feasible; otherwise an alternative optimal location further downstream from Crystal
Springs will need to be deterniined based on accessibility.
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This task includes the acquisition of the required equipment, including two YSI 6000 series
sondes(continuous turbidity,DO,temperature,and conductivity)and one area-velocity meter.
• Data collection& set up: 90 hrs @ 63/hr= $5,670
• New equipment cost estimate= $23,600
• Water quality sample analysis= $500
Total $29,770
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: 85 hrs @$63/hr= $5,355
TASK 3. Stream Monitoring Summary Report
The WCD will prepare and submit to the City of Scandia a summary report of the fmdings of the
stream water quality and quantity monitoring. 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= 51,890
Technical Service 1: Surface Water Monitoring Summary
Estimated Total: $37,015
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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. 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: Wedand Boundary Monitoring
Estimated Total: $756
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Technical Service 3: Erosion and Sediment Control Inspections
TASK 1. Site Inspection
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. Two inspections shall occur or each haul event. The first
inspection will be conducted within the first month of initiating mining activities and the final
inspection within two weeks of the completion of the activities. 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 memo will be submitted to the City on a weekly basis after
each inspection
• Estimated 2 site inspections: 2.5 hrs per inspection @$74/hr= $370
• Prepare and submit 2 summary emails: 2 total hours @$74/hr = $148
Total $518
TASK 2. Annual Inspection Summary Report
T'he WCD will prepare and submit to the City of Scandia a summary report of the results of the
erosion and sediment control inspections. The report will also document any deviations the
project may have from its SWPPP or CUP in regards to Erosion and Sediment Control. The
report will be prepared upon termination of mining activities in 2013.
• Estimate: 6hrs @$74/hr=$444
Technical Service 3: Erosion and Sediment Control Inspections Summary
Estimated Total: $962
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Technical Service 4: Threatened and Endangered Species(T&E)
TASK 1. Review Blanding's Turtle Documentation and Conduct Site Reviews
The WCD will review Tiller Corporation's Standard Operating Procedures (SOP) for operations
near Blanding's Turtles. The WCD will provide comments and recommendations, if appropriate,
to the City to ensure the SOP meets the requirements of the Blanding's turtle documentation, as
found in Appendix C of the Zavoral Mine FEIS. 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 2 site inspections: 1 hr per inspection @$63/hr= $126
• Review of Tiller Corp's Blanding's Turtle SOP: 4 hrs @$63/hr= $252
Total $378
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. WCD will monitor
the potential listing of the butternut on the State's T'hreatened and Endangered species list and
will notify the City if the tree becomes protected thereby requiring Tiller to implement additional
mitigation measures and obtaining a taking permit from the DNR. A summary memo will be
submitted to the City summarizing WCD's findings.
• Estimate: 6 hrs @$63/hr=$378
Technical Service 4: Threatened and Endangered Species Summary
Estimated Total: $756
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Technical Service 5: Reclamation Plan Review and Inspection
TASK 1. Review Zavoral Reclamation Plan
The WCD will review the Zavoral Property Reclamation Plan to ensure it meets the requirements
of the conditions of an approved conditional use pernut 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 Inspecdons 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= 5504
Technical Service 5: Reclamation Plan Review and Inspection Summary
Estimated Total: $1,008.00
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Technical Service 6: Permit Conditions and Monitoring Protocols
TASK 1. Provide Condition Recommendations
The WCD will review the Zavoral Mine FEIS and provide recommendations for conditions to be
included in the CUP based on the potential mitigation measures listed in the FEIS. T'hese
recommendations will be provided in a memorandum to the City of Scandia. These
recommendations will be submitted on or before November 15,2012.
• Estimate: 10 hours @$63/hr=$630
TASK 2. Develop and Provide Monitoring Protocols
The WCD will develop and provide monitoring protocols for Technical Services 1 and 2, which
involve environmental monitoring. T'hese protocols will be provided in technical memorandum
format to the City of Scandia. These protocols will be submitted on or before November 15,
2012.
• Estimate: 8 hours @$63/hr=$504
Technical Service 6: Permit Conditions and Monitoring Protocols Summary
Estimated Total: $1,134
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Technical Service 7: Conditional Use Permit Review
TASK 1. Review Conditional Use Permit and Provide Technical Assistance
The WCD will review the Zavoral Mine Conditional Use Pernvt (CUP) and provide technical
assistance during the City's review process as it relates to the CUP and the Technical Services as
listed in this proposal (1-7). This task includes attending the December 4"'Planning Commission
Meeting and one City Council meeting with the CUP application on the agenda. This task also
includes attending one meeting with City Staff.
• Estimate: 16 hours @$63/hr=$1,008
Technical Service 7: Conditional Use Permit Review Summary
Estimated Total: $1,008
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