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06.l Agreement with LRE Review Martin Marietta Gravel Mine Groundwater MonitoringStaff Report Date of Meeting: February 21, 2023 To: Mayor and City Council From: Anne Hurlburt, Interim City Administrator Re: Approve Agreement with LRE Water for Review of Martin Marietta Gravel Mine Groundwater Monitoring Data Background: The city has contracted with Leonard Rice Engineers, Inc. (LRE) (consultant Dave Hume) to evaluate the groundwater monitoring data from Martin Marietta's sand and gravel mining and processing operations located at 22303 Manning Avenue North, Scandia. Per the Conditional Use Permit (CUP), the company is required to provide monitoring results to the City as part of their Application for the Annual Operators Permit (AOP). The proposed agreement is for the period through March 31, 2024, at an estimated cost of $6,000. The cost is reimbursed by the mining company. The next AOP is expected to come before the Council at its March 21, 2023 meeting. Recommendation: The Council should approve the agreement. 4 � - CONNECTING WATER TO LIFE LRE QUICK START CONTRACT This agreement for the performance of services is entered into this 16th day of February. 2023, between LRE Water (LRE) and The City of Scandia (Client). Subject to the contract terms printed on the Page 2 of this form, LRE's standard fee schedule and an attached proposal or scope of work In 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. CLIENT INFORMATION Name: Anne Hurlburt Phone Number: (651) 433-2274 Company: City of Scandia Address: 14727 209th St. N City/St/Zip: Scandia, MN 55073 BILLING INFORMATION Name: Same as above Company: Address: City/St/Zip Fax Number: E-mail: a.huriburt@ci.scandia.mn us PROJECT INFORMATION City: Scandia County: Washington State: MN Zip: 55073 Brief Statement of Services: LRE will complete a review of groundwater monitoring data submitted by Martin Marietta (MM) as part of their Annual Operators Permit (AOP) application for the sand and gravel mining operation on Manning Ave., City of Scandia. Data includes aquifer pumping test results from June 2022, and monthly groundwater water level measurements and annual water quality results. LRE will provide the City with a brief summary related to MM's groundwater monitoring compliance and note concerns or recommendations, if any The cost includes review of the current 2023 and future 2024 AOP applications Anticipated Start Date: 2/27/23 Cost Estimate: $6,000 LRE Office Location Retainer: Anticipated Completion Date: 3/31/24 Minneapolis -St. Paul, MN Project Representative: Dave Hume (Retainer check shall accompany executed contract.) Client hereby engages LRE to perform the services described and referred to herein and agrees to pay LRE for such services, and acknowledges that the terms of this agreement are subject to LRE's standard contract terms and all attached and referenced material and documents Unless otherwise provided in the attached proposal or scope: (1) inclusion of anticipated "start" and "completion" dates shall not be construed to impose a "time is of the essence" requirement; and (2) any preliminary cost estimate shall not be construed as a "flat -fee" or "not -to -exceed" amount. In consideration of the foregoing, LRE agrees to perform the services described and referenced herein. f of Scandia CLIENT By: (signature) Printed: Title: Date: LRE By: (signature) — Printed: Dave Hume Title: VP Midwest Date: 2/16/23 CONNECTING WATER TO LIFE 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 item 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 attomey'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/INDEMNIFICATION/CONSEQUENTIAL DAMAGES 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 of the 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. 4) Notwithstanding anything to the contrary herein, in no event shall either party be liable to the other for any special, indirect, incidental, exemplary, or punitive damages, including without limitation, loss of profits, loss of business opportunity or loss of prospective revenue, arising out of this Contract, however same may be caused. This provision shall survive the expiration or termination of this Contract. TEST BORINGS AND OTHER EXPLORATIONS 1) To drill test 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 firms 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 FEE PAYMENT our invoice Such specialists will be wholly responsible fortheir work product. 2) Alternatively, at Client's request, LRE will recommend contractors) or specialist(s) 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 1) 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 will not sign hazardous waste manifests on behalf of Client RIGHT OF ENTRY Client will furnish right -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 of damage that may result from site operations. If LRE is required to restore the land to its former condition, this will 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 forthe 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 confirmed, 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 stop work and renegotiate any consulting agreement, the fees for our services and our continued involvement in the project LRE will notify Client as soon as possible should unanticipated hazardous materials or suspected hazardous materials be discovered. 2) In the event that LRE removes any pre-existing materials, LRE shall 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 LRE 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 3) 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 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 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 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 In the event that subsurface investigations are performed under this agreement, by accepting this agreement for consulting services, Client acknowledges the inherent risks associated with any subsurface investigation LRE makes no express or implied warranty beyond our commitment to conform to this standard of professional practice