4.h) Staff Report-Discuss Contract with Leggette, Brashears & Graham, Inc. for Zavoral Groundwater Monitoring � `\
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SCANDIA
Staff Renort
Date of Meeting: Apri19, 2013
To: City Council
From: Kristina Handt,Administrator
Re: Discuss Contract with Leggette, Brashears&Graham, Inc for Zavoral Groundwater Monitoring
Agenda Item#: 4.h)
Background:
On February 19, 2013 the Council approved the 2013 Annual Operating Permit for the Zavoral Mine and
Reclamation Project. That permit required the city or its consultant to perform various groundwater
monitoring tasks. Those tasks are outlined in the March 22, 2013 letter from Dave Hume from Leggette,
Brashears&Graham, Inc. Mr.Hume assisted the City in making recommendations regarding
groundwater conditions to be included in the AOP and CUP for the Zavoral Mine. He discussed these
recommendations at the December 27,2012 Planning Commission meeting.
Mr. Hume also currently provides groundwater monitoring for the other mine sites in Scandia.
Issue:
Should the City contract with Leggette, Brashears&Graham, Inc. for groundwater monitoring at the
Zavoral Mine site?
Proposal Details:
A proposed contract between the City and Leggette, Brashears&Graham, Inc is included in your packet
along with a cover letter and cost summary. The City Attorney reviewed the proposed contract and the
consultant made most of the requested changes. All reports, documents,etc remain the property of LGB
but the City can reuse the materials at its own risk. Language pertaining to damage to subsurface
structures remains in the contracts however,Mr. Hume has indicated that not be drilling any wells,
borings,or doing any other subsurface investigation work where underground utilities or other structures
could be damaged.
Fiscal Impact:
Per the Compliance and Reclamation Agreement,Tiller Corporation will be required to reimburse the city
for all costs associated with monitoring so there is no impact to the City's budget.
Options:
Council should review the contract at the work session and determine if any changes are necessary and
whether the item should be placed on the consent agenda or general business agenda for a future Council
meeting.
� �
LEGGETTE,BRASHEARS & GRAHAM, INC.
PROFESSIONAL GROUND-WATER AND
ENVIRONMENTAL ENGINEERING SERVICES
8 P�NE TREE DR1VE
SU17'E 250
ST.PAUL,MN 55112
(6S1)490-1405
FAX(651)49p-1006
www.lbaweb.com
March 22,2013
Kristina Handt
Administrator
City of Scandia
14727 209th Street North
Scandia,MN 55073
Re: Scope for Work and Cost Estimate
Groundwater Monitoring, Evaluation and Reporting
Zavoral Aggregate Mining and Reclamation Project
City of Scandia,Minnesota
Dear Ms.Handt:
Provided below is Leggette, Brashears & Graham, lnc.'s (LBG) proposed scope of work
and cost estimate for groundwater monitoring and reporting associated with Tiller
Corporation's (Tiller) proposed aggregate mine at the Zavoral site (Site) in the City of
Scandia(City),Minnesota.
LBG will provide the City with groundwater consulting services for one year of
monitoring, data evaluation, and reporting. The scope and costs are based on the approved
monitoring plan protocol outlined in Tiller's Groundwater Quality Protection Plan (GWPP)
and the conditions of the Conditional Use Permit (CUP) and Annual Operating Permit
(AOP),which were approved by the City Council on February l 9,2013.
The tasks to be completed by LBG for the one-year monitoring program are as follows:
• Task 1:Project Management
. Task 2: Install Dedicated Monitoring Equipment
• Task 3: Conduct Monthly Site Visits
• Task 4: Evaluate Data and Report Results
. Task S:Attend Meetings
Task 1: Project Management
This task includes general project management services including project coordination
and communication with LBG staff, and conespondence with the City, Washington County
Conservation District (WCD), Marine-Carnelian Watershed District (MCWD), Minnesota
DNR, and Tiller representatives.
CONNECTICUT•FLORIDA•GEORGIA.ILLINOIS•MICHIGAN.MINNESOTA�MISSOURI�NEW JERSEY
NEW YORK•NOR7'i�l DAKOTA•SOUTH DAKOTA•OHIO•PENNSYLVANIA•TEXAS•VERMONT•WISCONSIN
Kristina Handt 2 March 22,2013
Task 2: Purchase,install and Program Monitoring Equipment
This task includes LBG services and costs to purchase,install,and program the dedicated
data loggers that will be installed in the four (4) wells selected for groundwater monitoring.
T'hese include: 1) the recently installed on-Site monitoring well; 2) and 3) the two recently
installed on Site piezometers; and, 4) the offsite private well (Trails End Well). Costs
include:
• Purchase four(4)In Situ,lnc.data loggers;
• Install and program one (1) Aqua TROLL 200 data logger in the on-Site
monitoring well for the purpose of ineasuring water levels, temperature, and
electrical conductivity; and,
• Insta(1 and program three (3) Level TROLLs for the purpose of rneasuring water
levels and temperature in the on-Site piezometers and Trails End Well.
Task 3: Conduct Monthly Site Visits
This task includes LBG labor, expenses, and equipment for downloading data from the
loggers and collecting manual measurements in the two on-Site piezometers, on-Site
monitoring well and the Trails End Well. Assumptions include:
• Twelve monthly site visits for one year of monitoring;
• Downloading water level, electrical conductivity, and temperature data from the
on-Site monitoring well,two piezometers, and Trails End Well loggers;and,
• Manually measure water level, dissolved oxygen, electrical conductivity, and
temperature data from the four wells listed above.
Task 4: Evaluate Data and Report Results
LBG will analyze the data collected from the field on a monthly schedule and evaluate
with respect to the conditions of the AOP and CUP. Well hydrographs,field measured water
quality parameters, water table contour maps, and other relevant data will be evaluated
monthly and reported at least quarterly to the City as part of the AOP. More frequent
reporting will be completed if requested or if probletns are recognized. LBG assumes the
City will distribute data and copies to other parties. LBG will work closely with the WCD by
providing groundwater data monthly to assist them in evaluating the groundwater conditions
in the vicinity of the WCD's surface water monitoring stations. LBG's cost assumes:
• Monthly data analysis and data submittals to the City and WCD;
• Three quarterly status reports;and,
• One annual summary report.
Task 5: Prepare for and Attend Meetings
This includes LBG costs to prepare for and attend four City Council meetings.
Cost Estimate
The estimated cost to complete the above scope is summarized in the attached table.
Kristina Handt 3 March 22,2013
Thank you for the opportunity to assist the City on this project. If you have any
questions,please contact me at(615) 558-9207
Sincerely,
LEGGETTE,BRASHEARS&GRAHAM, INC
1
David S.Hume,P.G.
Senior Associate
Reviewed by:
�`�`..—�
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J.Kevin Powers
Senior Vice President
DSH
Attachment
5-..TetlilSundi�Aygre$rel2avon1lPM�l yr monitoriey eosl(revixd 3-22-13).doca
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START CONTRACT
This agreement for the performance of services is entered into this 22nd day of March ,2013,by and between
Leggette,Brashears&Graham,Inc.(LBG)and The Citv of Scandia (Client). Subject to the contract terms printed on ihe
reverse side of this form,LBG's standard fee schedule and the annexed proposal or scope of work. In the event of a conflict between
the standard contract terms or fee schedule and any attached proposal or scopc of work,terms of the proposal or scope shall govern.
CLIENT CLIENT CONTACTS
Name: Kristina Handt,Administretor Reporting: Kristina Handt
Company: City of Scandia Site Conditions: Kristina Handt
Address: 14727 209th Street North
City/State/Zip: Scandie,MN 55073
BILLING INFORMATION
Name: Same as above
Company:
Address:
City/Stste/Zip:
ProjectLocation: Street: StGo�xTr City: Scandia State: MN Zip: 55073
North/Hwy 97
ProposaUScope Date and Reference No.: March 22,2013 scope of work #Pages Attached: 4
Brief Statement of Services: Provide professional consulting services for groundweter monitoring and data evaluation associated
with the Zavoral mine at the above referenced location
Anticipated Start Date: 4/1/]3 Anticipated Completion Date: 511/14
Preliminary Cost Estimate: S 47,200
LBG Office LocsNon: St.Paul Project Representative: Dave Hume
Principal-in-Cfiarge: Kovin Powers
Retsiner: S N/A
Client hereby engages LBG to perform the services described and referrcd to herein and agrees to pay I$G for snch secvices,
and acknowledges that the terms of this agreement are subject to LBG's standard contract terms and all attached and referenced
material and documents. Unless otherwise pravidod in the attached proposal or scope: (l) inclusion of anticipated "start" and
"compleiion"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" amonnt. In consideration of the foregoing,LBG agrees to perform the services
described and referenced herein.
City of Scandia LEGGETfE,BRASHEARS&GRAHAM,INC.
CLIENT
By:(signature) By:(signature)
(printed) (printed)
Title: Title:
Date: Date:
Witness: Witness:
Rev.5/11
GENERAL TERMS AND CONDT170NS
FEE PAYMENT
I) LBG will submit invoices to Clirnt monthly following any month of signific�t adivity,end a finel invoice upon completion of services. Invoices will show chergcs based on
current LBG F«Scheduks or other agreed-upon basis,and will inolude a deta�7ed separation ofcharges and supporting information
2).Paymem is due upon ceceipt of invoice.On accourts pest due by fmty-five{45)days,Clieat wil]pay a finenve charge of 1.25 percem per month dating from the invoice date.
3) ln the cvent Clia�t requircs expat-witness ustimony,Client will pay LBG all past due bslenxs befon LBG will proceed to prepare for m offer tatimony.
4) Cfient will pay the balance steted on the invoice unless Clicnt notifirs LBG of the perlicular item that is alleged to be incorcect within fifteen(15)days from the invoice datt.
Client will remit the belance of uodisputed items in e timely manrxr while a disputed item is being reviewed.
S) In d�e event Client fails tn pay LBG within forty-five(45)days following invoice date,LBG may consider the defauh e breach of the consuhing agreement end a11 duues ot
LBG may be suspended or tertninated,end work product may be withheld,without liability of any kind w LBG.
OWNERSffiP OF DOCLIMENTS AND CONFIDENTIALITY
1)All reports,field data and nrnes,laborstory test data,calculatians,atimates,end other documrnts prepared in t}ie couru of consulting serviee shatl remein the property of LBG.
Client agras thet all ttports and otha work LBG fumishcd ta Ctient or CIi�Ys agerts which sre not paid fa,will be retumed upon dernend and will not be used for arry purpose
t�hetsoever.
2)Documerts provided to LBG by Gient wi71 be returned w Client,upon request,at the wmpletion of work at Clienfs cost.
3) Reuse of reports w odxr materials by Client m othera on acttnsions ar modificationa of the project or on otbct siks,without written pertoission fmm LBG or adsptation by
� LBG for d�e specific purpose iMended,shsU be at U�e user's sole risk,without liability on the paR of LBG
4)LBG shal!maintai»Client's project dats and rqwrts in strictut oonfidaux,end vn71 release such infomiuion to otlKzs only upon expras written permission from Clirni.
DISPIITFS
1) Client will pay ell reasoneble collection expenses or litigation fees,including attorney fees that LBG incurs in oollecting any delinquent amoum Cliem owes.
2) if the Client institutes a suit against LBG which is dismissed or for which judgment is rendened for LBG,costs for litigation including attomey fces,expert witness fees end
eourt�sts will be bome by individuel parties.
INSCIRANCE AND INDEMNIIFICATION
1) LBG wlll cazry Workers Compeasation,General Liability,Amomobilc L'mbiliry,E�cxss Umbrclla-Form Liability end Professional Liability insurance policiea in amounts,
which LBG considers adequak. CeRificates of insurance will be provided to Clirnt upon rcquest. Within the terms and conditions of the insuranct,LBG agrxs to indcnnify
Cliert against loss caused by actions of LBG,its employas or iu subcontradors. LBG will not be respo�ible for liability beyond the limits and condidons of the insurance. At
ClienPs request,LBG will seek additional insivance covaaga or wverage limits!'or specific projecu,and will bill Client for the additional premium cost. LBG will requirc thal
its fidd subcortractors be inscaed to the sa�levels required of LBG by Client.
2) LBG's professional liability will be limited to the velue of the coniu]ting services performed.
3) LBO wi0 not be respons�bk for any loss or liability Gom ncgligence by Clirnt or by other agents,contrectors or consuhents employed by Clirnt or from negligrna by any
person for whose conduct we are noe k8ally nsponsible.
TEST BORiNGS AND OTHER EXPLORATIONS
1) To drill test borings or perform other exploretions,LBG may engage a contrector experienced in this work. . On occasion,LBG engeges the specialized secvices of individual
consultants or other companies to participate in a project. W hen considered necessary,these firms or other consultants will be wed with Clitrt's approval. . Such specielists will
be w1�oUy nspons�ble for their work produd.
2) Altemativcly,at Cliem's request,LBG will recommend tontractor(s)or specialist(5)for Climt to mtv into direct contract(s)with. In that everrt,invoices for these outside
services will be mailed W Cliem for dinci payment to the conhaetor(s). LBG Teview and approval of each imoice will be provided on rcquest. Under eitha altemstive,LBG das
not gwrantce and is not respons�ble for the performance of the conhactor(s)or the accuracy of tbeir rosulu.
GEOPHYSICAL AND GEOCHEMICAL INSTRUMENTATION SERVICES
LBG is eguipped to provide specielized geophysical and geochemical instrumentffiion xrvices according to projed needs. Fces Por these equipment serviees will be besed on
use charges at strndard rates publisbed by LBG plus fees fm co�uultmg aervias.
CUSTODX OF MATERIALS
]) ln ihe course of work,LBd may teke cusiody of and Uansport soi!end/or water samples from C1ienYs site. Up�the completion of evaluation and/or testing of such samples,
LBG nsaves lhe right to retum the samples W Client at ClienPs expense,end Client agrees fo aceept snch samplu end the raponsibility for their proper and legal disposal.
2) At no time,under arry circumstances>wi11 LBG personnel tepreseM L86 or t}kmselves as generatoTs of waste,hazardous or othcrwise,which mey have to be retnoved from or
dispused of on a site,and LBG peraonnel will not sign haiardrnu waste manifests on behalf of Climt
RIGHT OF ENTRY
Cliem will fumish right-ofxntry on the site for LBG to conduct the work. LBG will telct reasonable proeautious to minimiu damege w the land from use of tquipment,but hes
� not included in tk�fce the cost for restoration of damsge t6at may re.vult from sile opelations.
DAMAGE TO SUBSURFACE STRUCT[7RES
Reasoffible cere w71 be exercixd in locating subsurfece structums in the vicitrity of proposed su�urface explorations. Tbis will include contad with the loal agency
coordinating subsurface utility information(i.e.,'CaII Hefore You Dig"service)and a review of ptans provided by Clirnt for the siu to be iavestigated. LBG shell rely upon my
iefo�mation provided by Client or ClienPs agmt or representstive. If the locations of andergtwmd stn�chues ue not known ecwretely or cannot be eonfirmed,then dxre will be a
degree oF risk to Clia�t essociated with conducting the work. In the absence of confirmed underground swcluro loca6ons,Client agrees to acapt 16e risk of damage and possible
coats associated with repair and rcslonGon of damage rosulting from ehe exploration work.
PETROLEUM PAODUCI'S AND IiAZARDOIIS MATERiA[S
I) Petroleum producu,hazardous meteriels,or ubestos may exist at a site wl�ae there is no reason to believe they should be present lf,at am+time,evidenx of the exista�ce or
possible exisknce of such substances is discovaed,LBG rcserves the right W arkgotiete eny consulting agreement,the tas for our urvias aod ow continued imolvement in ihe
projecL LBG will notify Client as soon as poasi'ble should unanticip�ated hazardous materie]s or suspecud hezardous materials be discovered.
2) The discovery of hazardous materials or wspected hazardous materiels mey meke it neassary for LBG to telce immediate measures w protect human health and saf�y andlor
the environmart. Client agrees w compeasate LBG for the cost of wry and all measura thet,in our professional onsiu judgment ere justified to paserve and prouct the itealt6 and
sdety of our persai�l,ClienPs anployea and/or the public,and/or tt�e environment. le addition,Ctient waives eny cleims agait�st LBG and,to the full extrnt pmnitted by law,
agrees to indemnify,defend and hold LBG 6amiless from any and all claims,damages end linbility,includi�but not limited to cost of defensc,in eiry wny wnnected with
petroleum produGs.heza�dous mataials w ubesws.
STANDARD OF CARE
In acceptiug our pcoposal for comulting services,Client acknowledges the inherent risks associated with any subsurfsce mvestigation. In performing professional services,LBG
will use that degrce of care and skill ordinarily exercised under similar circumstances by members of the protession practicing in the seme or similar localities. LBG makes no
express or implied warranty beyond our commitment to oonform to this high standerd of prof�ssional prectice.
S:,Tech\Scandia AggregatelZavorallPMUmns and canditions.doc