The URL can be used to link to this page

5.i) Staff Report-Contract with Indoor Environment Group for Zavoral Air Monitoring � `.�� r_ ` a � .� �� _.� � �� 4'� Staff Report Date of Meeting: April 16, 2013 To: City Council From: Kristina Handt, Administrator Re: Contract with Indoor Environment Group for Zavoral Air Monitoring Agenda Item #: S.i) 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 air monitoring tasks. Those tasks are outlined in the March 13, 2013 letter from Dave Gutterud from [ndoor Environment Group, Inc. Mr. Gutterud assisted the City in making recommendations regarding air quality 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. Issue: Should the City contract with Indoor Environment Group, Inc. for air quality monitoring at the Zavoral Mine site? Proposal Details: A proposed coiltract between the City and Indoor Environment Group, Inc is included in your packet along with a cover letter and fee schedule. The City Attorney reviewed the proposed contract and the consultant made the requested changes. The City's responsibilities are noted in paragraph 4. The City Attorney questioned the language that the City "shall furnish the secvices of other consultants... when those services are required or are reasonably requested by Consultant." The consultant has indicated that provision allows them to request that the City provide the services of other professional in situations where they could be exposed to unsafe or unknown working conditions on the property. Mr. Gutterud does not see a scenario where such a request would be made on this project but is required by their insurance policy to make such a request. 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: 1) Approve the contract 2) Amend and then Approve the contract 3) Tal<e no action INDOOR ENVIRONMENT GROUP, INC. March 13, 2013 Kristina Handt City of Scandia 14727 209th St. N. Scandia, MN 55073 Subject: Zavoral Mine dust monitoring proposal Dear Ms. Buss: Based on the City of Scandia Resolution 02-19-13-05 (Zavoral Annual Operating Permit), Indoor Environment Group, Inc. (IEG) has prepared the following cost estimate for air quality consulting and testing services: 1. Air Qualitv Monitorinq. Air quality monitoring stations will be established to gauge the effectiveness of the dust control activities. Monitoring services will include the following: a. Monitoring will be performed on two consecutive days with the 2"d day of sampling performed to record the ambient conditions on a day with no site activity. , b. Monitoring will be scheduled in conjunction with maximum site activity and worst-case environmental conditions (when feasible). c. Monitoring stations will be established at five locations: i. Upwind of mining and loading operations ii. Downwind of mining and loading operations iii. At the site entrance iv. Downwind of site entrance v. Downwind of one location on the haul route d. Monitoring plan will include the collection of the following samples at each sampling location: i. Airborne particulate matter PM,� - Fibrous Aerosol Monitor fitted with a PM 10 impactor ii. Resqirable dust—cyclones/37mm PVC cassettes and lab analysis (NIOSH method 0600/7500; mod OSHA ID-142) iii. Respirable silica (quantitative) - cyclones/37mm PVC cassettes and lab analysis iv. Diesel particulates - 37 Quartz Fiber, NIOSH 5040 v. Nitroaen dioxide- TEA Tube, OSHA ID-182 e. Results will be compared to current State and Federat Ambient Air Quality Standards, ACHIG TLV or OSHA PELS as applicable. INDOOR ENVIRONMENT GROUP, INC. 2487 7T"AVE E —NORTH ST. PAUL, MN 55109 (651) 779-4300 (651) 304-1536 Fnx Scandia Air Quality Testing Proposal March 13,2013 Page 2 2. Perform on-site respirable dust monitorinq. Monitoring services will be performed on the mine site in lieu of employee exposure monitoring. Monitoring will include the following a. Monitoring would be pertormed concurrently with Air Quality Monitoring Services b. One sampling location would be established on the mine site and would be as close to and downwind of current onsite activities c. Monitoring would include the collection of the following samples: i. Airborne particulate matter PM,o - Fibrous Aerosol Monitor fitted with a PM 10 impactor � ii. Resqirable dust— cyclones/37mm PVC cassettes and lab analysis (NIOSH method 0600/7500; mod OSHA ID-142) 3. Provide monitoring report— report will include a summary of testing activities, lab results, interpretation of lab results including a comparison to current state and federal standards and a list of findings and recommendations. Cost Estimate—Airborne Contaminant Monitorinq per Final AOP (Items 13 8� 14) Proposed cost per sampling event: One session (2 days): $6,925.00 (additional sessions $6,675.00) Additional services: Dust control activities site review (AOP Item 12): $825.00 per site visit (monthly) - or$5,400.00 for an annual contract(up to 9 visits) � Services will include an onsite review of dust control procedures, photographs of site activities and a monthly summary report These figures are based on current laboratory fees, equipment rental rates and the recommended scope of services. Changes to the scope of services or significant changes in laboratory costs may result in additional costs. Please feel free to contact our office if you have any questions regarding our proposal. Sinc ly, Dave Gu erud Director of Operations INDOOR ENVIRONMENT GROUP, INC. 2487 7T" Ave E — NoR7H ST. Pau�, MN 55109 (651) 779-4300 (651) 304-1536 FAx INDOOR ENVIRONMENT GROUP, INC. 2013 Fee Schedule Fee Per Hour Regular Weekends/ Emergency GENERAL SERVICES Time Overtime Response IH01 Industrial Hygienist I (IH1) 75.00 93.75 150.00 IH02 Industrial Hygienist II (IH2) 95.00 118.75 190.00 IH03 Industrial Hygienist III (SIH) 105.00 131.25 210.00 IH04 Project Manager 105.00 131.25 210.00 IH05 Project Designer 95.00 118.75 190.00 IH06 Certified Industrial Hygienist 130.00 162.50 260.00 IH07 Indoor Air Quality Specialist 95.00 118.75 190.00 IH08 Court Appearance/Legal Preparation-CIH 135.00 168.75 270.00 IH09 Health&Safety Plan Development 85.00 106.25 170.00 IH10 Research-CIH/SIH 110.00 137.50 220.00 IH11 ArchitecUEngineer 135.00 168.75 270.00 IH12 Health&Safety/OSHA Training 75.00 93.75 150.00 ENVIRONMENTAL SERVICES ES01 Environmental Specialist 75.00 93.75 150.00 ES02 Project Coordinator 85.00 106.25 170.00 ES03 Project Manager/Oversight 105.00 131.25 210.00 ESO4 GeologisUHydrologist 95.00 118.75 190.00 ES05 Project Designer 95.00 118.75 190.00 ES06 Professional Engineer 135.00 168.75 270.00 ES07 Regulatory Agency Coordination 95.00 118.75 190.00 ES08 Permitting/Petrofunding 95.00 118.75 190.00 ES09 Risk Analysis 105.00 131.25 210.00 FIELD SERVICES FS01 Field Technician/Air Monitoring Technician Hourly-4 hour minimum 65.00 81.25 130.00 Daily-8 hour 504.00 634.00 1,000.00 Daily-10 hour 600.00 763.00 1,200.00 FS02 Asbestos Inspection/Testing Services 75.00 97.50 102.50 FS03 IAQ/IH Project Monitoring/Supervision Hourly-4 hour minimum 75.00 93.75 150.00 Daily-8 hour 576.00 726.00 1,176.00 FSO4 Lead Inspection Services 85.00 106.25 170.00 FS05 Lead Water Testing-per sample including analysis 38.00 (minumum charges may apply) FSO6 Data Collection/Site Survey 70.00 87.50 140.00 FS07 Environmental Sample CollectioNSoil Screening 75.00 93.75 150.00 FS08 Excavation Supervision 95.00 118.75 190.00 FS09 Installation Supervision 95.00 118.75 190.00 FS10 Groundwater Monitoring 95.00 118.75 190.00 FS11 Radon Testing-real time per 48 hour test 225.00 FS12 Radon Testing-90 day canister 44.00 (minumum charges may apply) includes placement,retrival&analysis FS13 OSHA Compliance Inspections 85.00 REPORT,CLERICAL 8 MISCELLANEOUS SERVICES CM01 Report Writing-Base Rate 65.00 65.00 - CM02 Report Writing-CIH/SIH 125.00 125.00 - CM03 Data Entry/Word Processing 45.00 50.00 - CM04 Records Management 65.00 65.00 - CM05 Drafting/AutoCad 75.00 85.00 - CMO6 Secretarial Services 45.00 50.00 - CM07 Report Reproduction/Extra Copies - CM08 Travel Time(+mileage)' 55.00 68.75 110.00 CM09 Travel Time CIH/SIH(+mileage)' 65.00 78.00 130.00 CM10 Mileage-per mile' 0.55 CM11 Materials/Supplies/Misc Markup 12% CM12 Subcontracted Services Markup 20% 'Qouted on an individual basis 'Not available in all areas/shipping charges may apply 'No mileage charges for services within Mpls MeVo area INDOOR ENVIRONMENT GROUP, INC. 2013 Fee Schedule 1-4 5-10 >11 LABORATORY SERVICES Samples Samples Samples Asbestos Air Sample Analysis-Phase Contrast PCM1 Standard - 3 day 14.00 13.00 11.00 PCM2 24 hour 18.00 15.00 13.00 PCM3 Rush-three hour 22.00 18.00 16.00 Asbestos Air Sample Analysis-Transmission Electron TEM1 Standard-5 day 80.00 70.00 60.00 TEM2 48 hour 2 95.00 85.00 75.00 TEM3 Ne�Day 2 125.00 105.00 95.00 TEM4 8 hour z ' 195.00 175.00 Asbestos Bulk Sample Analysis-Polarized Light PLM1 Standard-5 day 24.00 16.00 10.00 PLM2 24 Hour' 50.00 25.00 18.00 PLM3 12 Hour' 55.00 35.00 30.00 Lead Analysis(All analysis quoted at 4 day turnaround) LEDB PainUbulk 35.00 25.00 20.00 LEDD Dust/wipe 35.00 25.00 20.00 LEDS Soil 40.00 35.00 30.00 LEDW Water 40.00 35.00 30.00 LEDA Air 35.00 30.00 25.00 Microbial Samples MCNT Fungal-Count only 55.00 50.00 46.00 MLV1 Fungal-Quantification Level 1 65.00 60.00 54.00 MLV2 Fungal-Quantification Level 2 95.00 89.00 83.00 MTOT Totat Bioaerosal 115.00 109.00 103.00 MLEG Legionella 125.00 119.00 113.00 MDMA Dust Mites/Allergens 105.00 99.00 93.00 MPAR Particulate/Zefon 55.00 50.00 45.00 Chemical Analysis VOC1 VOC Scan-10 common VOCs 180.00 170.00 160.00 VOC2 Industrial VOC Scan-25 common industrial VOCs 275.00 245.00 240.00 VOC3 IAQ ScanlNOC Scan 675.00 655.00 635.00 VOCM Microbial VOC 345.00 335.00 325.00 VOCT Microbial VOC/NOC 895.00 875.00 850.00 VOC6 Aldehyde Scan 195.00 175.00 165.00 VOCD Drager/colormetric Samples 12.00 10.00 8.00 VOCS Solvents-1 st solvent 75.00 55.00 50.00 additional solvents 25.00 25.00 25.00 Environmental Analysis EL01 Total Petroleum Hydrocarbons(THP) 60.00 50.00 45.00 EL02 Polychlorinated Byphenyls(PCB) 160.00 140.00 35.00 EL03 Flashpoint(Pensky-Martin) 52.00 46.00 40.00 EL04 TCLP-Benzene 215.00 205.00 195.00 EL05 TCLP-8 RCRA Metals 275.00 235.00 225.00 Miscellaneous LSIL Silica-airborne 85.00 70.00 65.00 LRES Total/Respirable Dust 50.00 45.00 41.00 LMET Individual Metals(airborne) 55.00 48.00 45.00 LWEL Welding Fumes 225.00 210.00 205.00 SAMPLING EQUIPMENT RENTAL-costs are nortnally included in sampling fees EQ01 High/Low Volume Air Samplers 20.00/day EQ02 Ultra-Iow Volume Air Samplers 65.00/day EQ03 Graseby-Anderson Microbial Sampler 65.00/day EQ04 Noise Dosimetry Equipment 45.00/day EQ05 Ventilation Flow Hood 45.00/day EQ06 Ultra-fine PaRicle Counter 45.00/day EQ07 PID/FID 50.00/day EQ08 Lumex Mercury Vapor Analyzer 300.00/day EQ09 Confined Space/Explosion Meter 45.00/day EQ10 IAQ Monitor 45.00/day EQ11 Thermal Infrared Camera 450.00/trip 'Qouted on an individual basis Z Not available in ail areas/shipping charges may apply 'No mileage charges for services within Mpls Metro area CONSULTING SERVICES AGREEMENT This Consulting Services Agreement is between INDOOR ENVIRONMENT GROUP,INC.,a Minnesota Corporation(the"Consultant")and CITY OF SCANDIA(the"Client"). BASIC AND ADDITIONAL SERVICES. The scope of Consultant's work is described in detail in the attached proposal and may not be modified except by mutual agreement in writing. Generally,the Consultant shall perform the following services: Air Quality Monitoring Services for Zavoral Mine Site 1. Air Quality Monitoring at five(5)locations 2. Exposure monitoring at one(1)location on the mine site 3. Monthly dust control activities review 4. Provide monitoring reports at completion of each activity As full compensation for the Services rendered under this agreement,the Client shall pay the Consultant according to the following schedule: A. Air Quality Monitoring(single session): $6,925.00 B. Dust control site review(per session): $825.00 - Up to a maximum of$5,400.00 per year No additional services will be performed without written authorization from the Client. Additional services would be billed on an hourly basis according to our current fee schedule. Further,both parties agree as follows: 1. SCHEDULING. Client shall furnish a signed copy of the proposal, a written purchase order and/or a formal request for services and shall give as much notice as possible before the services are desired. Consultant's ability to respond to such an order will depend upon the amount of advance notice provided. 2. SUBCONTRACTING. If requested by Client to hire and/or administer a subcontractor,Consultant will do so but, in such an instance, Client covenants not to sue or demand arbitration of Consultant for claims based upon the acts or omissions of Consultant's subcontractors but will instead either (1) sue Consultant's subcontractors directly or (2) sue Consultant's subcontractors indirectly by actions brought in Consultant's name at Client's expense; and Client's recovery for these claims will be limited to the recovery awarded in these direct or indirect actions. Consultant will allow Client to indirectly pursue Consultant's subcontractors in Consultant's name and will cooperate with Client's prosecution of these actions. 3. HAZARDOUS MATERIALS. Unless agreed in the written scope of work, Consultant has no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials at the project site expect those materials specifically identified in the scope of work. To the full extent permitted by the law, Client shall defend and indemnify Consultant and its employees from all claims,including costs and attorney fees,arising out of the presence of hazardous materials on the job site. 4. CLIENT'S RESPONSIBILITIES. Client shall fully disclose to Consultant all information about the requirements for the project and known existing physical conditions,including but not limited to Client's knowledge of the condition of any existing facility involved in the project and its past and Consulring Services Agreement 1 present contents; if necessary, shall assist Consultant in the coordination of site; shall designate an individual to act on Client's behalf regarding the project; if necessary, shall clean and make any existing structure safe for entry; shall furnish the services of other consultants (including engineers, insurance consultants, accountants,attorneys, etc.) when those services are required or are reasonably reyuested by Consultant;shall test for pollution and hazardous materials when required by law or requested by Consultant; and shall provide all necessary permits and other authorization.Consultant may rely upon any information provided by Client. 5. CONSULTANT'S FEE. Client will pay Consultant according to the price or fee schedule in Consultant's proposal. If Consultant's services are extended or delayed for reasons beyond Consultant's control, then the fee will be equitably adjusted based upon Consultant's then- current fee schedule. 6. PAYMENT. Consultant will submit itemized monthly or other periodic statements for work performed. Client shall make payment within 30 days after receiving each statement. If Client questions or disputes any of the charges on a statement, Client shall pay all undisputed charges within the 30 days and promptly notify Consultant of the reason for non-payment. Client shall pay any remaining amounts due promptly upon resolution of the question or dispute. 7. REUSE OF CONSULTANT'S REPORTS, PLANS, SPECIFICATIONS, AND OTHER DOCUMENTS: All reports, plans, specifications, and other documents furnished by Consultant are instruments of Consultant's services for use solely for the project, and Consultant retains all ownership and property rights in them regardless whether the project is completed.Client may retain copies for reference in connection with the use and occupancy of the project; but Consultant does not represent that the documents are suitable for reuse on extension of the project or on other projects. Client and others shall not use the documents on other projects or extensions of this project except by Consultant's written agreement. 8. SUSPENSION OF WORK. Consultant may suspend work upon not less than three days' written notice to Client if Client does not make timely payment to Consultant within 60 days after being invoiced, does not provide the necessary criteria or information, or does not substantially perform any of its other duties under this agreement. 9. TERMINATION FOR CAUSE.This AGREEMENT may be terminated for cause by either party upon not less than seven days' written notice if the other party fails to substantially perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. 10. TERMINATION FOR CONVENIENCE. Client may terminate this AGREEMENT in whole or in part for its own convenience upon not less than seven days'written notice to Consultant. 11. TERMINATION EXPENSES.If the termination is for convenience or is not the fault of Consultant, or if Client abandons the project, Consultant shall be compensated for costs incurred and services performed before the termination or abandonment, plus (1) an additional 20% of Consultant's total compensation earned to date if the termination or abandonment occurs before or during the planning, pre-design, site analysis, or the initial field inspection or assessment stage, (2)an additional 10%of Consultant's total compensation earned to date if the termination or abandonment occurs during the design, implementation, or preliminary report writing stage, or (3) an additional 5%of Consultant's total compensation earned to date if the termination or abandonment occurs during any later stages. The termination expenses are to compensate Consultant for its termination costs and its unrecovered fixed costs,not to penalize Client. 12. INSURANCE. Consultant will maintain workers' compensation insurance, comprehensive general liability insurance and professional liability insurance in the amounts required by the Client and will provide Client with a certificate of insurance upon Client's request. Consulting Services Agreement 2 13. ARBITRATION. Any claim for money damages, controversy, or other dispute arising out of or relating to the making or performance or interpretation of this AGREEMENT, or the breach of this AGREEMENT, shall be settled by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The arbitration panel shall consist of three arbitrators, at least one of whom is a certified industrial hygienist with experience in the subject matter of the dispute; and the panel may award only money damages and declaratory relief but shall not award equitable relie£Judgment upon the arbitration award may be entered in any court having jurisdiction 'of the parties. The enforceability of this arbitration provision and arbitration awards will be governed by the Federal Arbitration Act. 14. This contract is governed by the laws of the State of Minnesota. Each party is signing this agreement on the date stated opposite that party's signature. Consultant NAME,if not an individual Date: By: Name:David Gutterud Title:President Client NAME Date: By: Name: Title: Consulring Setvices Agreement 3