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