5.j) Staff Report-Contract with SBP Associates for Zavoral Air Monitoring :`�'��_'y�,�, _
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Staff Report
Date of Meeting: April 9, 2013
To: City Council
From: Kristina Handt, Administrator
Re: Contract with SBP Associates for Zavoral Air Monitoring
Agenda Item #: S.j)
Background:
On February l9, 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 noise
monitoring tasks. Steve Platisha assisted the City with drafting the noise monitoring conditions for
the CUP and AOP for Zavoral Mine. He discussed these recommendations at the December 27, 2012
Planning Commission meeting.
Issue:
Should the City contract with SBP Associates, Inc. for noise monitoring at the Zavoral Mine site?
Proposal Details:
A proposed contract between the City and SBP Associates, Inc is included in your packet along with
a cover letter from Mr. Platisha. The contract has been reviewed by the City Attorney and he
identified no issues.
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 contract
2) Amend and then Approve Contract
3) Take no action
Recommendation:
Option l.
SBP ASSOCtATEs, INC.
POBox165H7 .. - __ . . ..._ .. _. . ._...
St.Louis Park,MN 55416
Phone:95Y-94O1500
March 21, 2013
Ms. Sherri Buss
TKDA
444 Cedar Street, Suite I500
St. Paul, MN 55101
Dear Ms. Buss:
RE: Proposed Zavoral Monitoring Protocol and Costs
This letter provides proposed operating year noise monitoring protocol and costs for the
Zavoral mine facility.
Project Understanding
Noise sources for the mine operations include the noise from the loading and excavating
equipment, as well as noise from the haul trucks operating on site. The noise impacts
from these sources must comply with standards contained in Minnesota Rule 7030.0040.
Sensitive receptors include the residences near the site and the Scenic Riverway. The
purpose of the proposed testing is to demonstrate compliance with the standards.
Proposed Monitoring Tasks and Protocol
Each mine operations noise monitoring event will consist of the following:
1) SBP will identify one or two worst-case representative residential locations for each
phase of mining and conduct at least one hour of monitoring at each location during
operations in the morning and one hour of monitoring during operations in the afternoon
at each location.
2)Additionally, at least one hour of monitoring will be conducted at a representative
location in the scenic riverway during mine operations.
A monitoring event will be conducted within three weeks of the beginning of each
mining phase, weather permitting and quarterly, thereafter. Monitoring will be conducted
in accordance with Minnesota Rules.
SBP will work through the City to notify residents of monitoring periods and to request
access to properties as necessary to conduct the monitoring.
Proposed Monitoring Costs
The AOP calls for testing within three weeks of the beginning of each mining phase and
quarterly, thereafter. SBP understands that the mine is expected to begin operations in
late summer 2013. Therefore, the estimated costs are for one monitoring event in 2013.
Following are estimated costs for the initial operating year.
Estimated Noise Monitorin Costs
Task Labor Cost($115/hr.) Notes
Pro�ect Mana ement 8 hours $920
Mine Operations 25 hours $2,875 1 person x 25
Monitorin and Re ort hrs/test event.
Other Direct Costs $100
Total Estimated Cost $3,895
Additional quarterly monitoring events would be conducted at the same total estimated
cost. Additional services would be conducted at the labor rate of$115/hour.
Please contact me with any questions you may have regarding these conditions,
monitoring plans, or estimated costs.
Sincerely,
Stephen B. Platisha, P.E.
CONTRACT AGREEMENT
Between
The City of Scandia, MN and
SBP Assocates, Inc.
for
Noise Monitoring Services in connection with
the CUP and AOP Conditions for the
AGGREGATE MINING AND PROCESSING OPERATIONS - ZAVORAL MINE AND RECLAMATION
PROJECT.
THIS AGREEMENT is effective the 22nd day of March, 2013, between the City
of Scandia, MN, hereinafter referred to as the CITY, and SBP ASSOCIATES,
INC., a firm with a mailing address of P.O. Box 16587, St. Louis Park,
Minnesota 55416, hereinafter referred to as the CONSULTANT.
WITNESSETH :
WHEREAS ,the CITY has included noise monitoring conditions in the
Conditional Use Permit (CUP) and Annual Operating Permit (AOP) for the
Zavoral Mine and Reclamation Project, hereinafter referred to as the
Project, and
WHEREAS , the City desires the CONSULTANT to provide certain Noise
Monitoring Services in connection with the Project,
NOW, THEREFORE , the City and the CONSULTANT for the consideration
hereinafter named, agree as follows:
ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE
CITY agrees to and hereby does retain and employ the CONSULTANT, and the
CONSULTANT agrees to provide professional services hereinafter described
in connection with the Project as described and delineated in the
CONSULTANT' S proposal letter to Sherri Buss of TKDA dated March 21,
2013, attached hereto as EXHIBIT A and made a part hereof.
ARTICLE 2. TIME FOR COMPLETION
The CONSULTANT agrees to perform its work in a timely manner and to
provide services in accordance with established work schedules for the
Project.
ARTICLE 3. COMPENSATION TO CONSULTANT
CITY shall pay to the CONSULTANT and the CONSULTANT agrees to accept as
full compensation for services under this Agreement, an amount not to
exceed $3, 895.
Requests for payment shall be submitted by the CONSULTANT to the CITY for
review and submittal to the OWNER for payment. Such requests shall not be
submitted more frequently than once per month. CITY shall make payment to
the CONSULTANT for services rendered within 30 days after receipt of the
request for payment.
ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED IN THIS AGREEMENT
If the CONSULTANT is of the opinion that any work it has been directed to
perform is beyond the Scope of this Agreement and constitutes extra work,
the CONSULTANT shall promptly notify CITY of that fact. Extra work,
additional compensation for same, and extension of time for completion,
shall be covered by a Supplemental Contract Agreement entered into by
both parties to this Agreement.
ARTICLE 5. GENERAL PROVISIONS
It is understood and agreed by the parties that the entire agreement of
the parties is contained herein and specifically includes EXHIBIT A
attached hereto to the extent that it does not otherwise conflict with
any of the terms of this Agreement herein, and that this Agreement
supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof a s well a s any previous
agreements presently in effect between CITY and the CONSULTANT relating
to the subject matter hereof. The parties hereto revoke any prior oral or
written agreement between themselves and hereby agree that this Agreement
is the only and complete agreement regarding the subject hereof.
ARTICLE 6. INSURANCE
CONSULTANT shall, before commencing any work under this Agreement,
provide and maintain in effect insurance, at CONSULTANT' S expense,
covering all of the work and services to be performed hereunder by the
CONSULTANT as described below.
A. Worker's Compensation coverage a s required by State law in the
State in which the work is to be performed.
B. Commercial General Liability occurrence form coverage including
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury,
and contractual liability assumed under this Agreement. The limits shall
be $1, 000, 000 per occurrence; $1, 000, 000 general aggregate; $1, 000,000
Products Completed/Completed Operations Aggregate; and $1, 000, 000
Personal and Advertising Injury Limit.
C . Automobile Liability coverage for liability, including bodily injury
and property damage, arising out of the operation, maintenance or use of
any automobile, whether owned, non-owned, rented or leased, in the amount
of $1, 000, 000 combined single limit or the equivalent.
All insurance shall be placed with insurance companies licensed to do
business in the States in which the work is to be performed, with
financial size Class X and current A.M. Best Rating of A or better.
CITY shall be additional insured under the Commercial General Liability
and Automobile Liability insurance. Any coverage afforded CITY, the
Certificate Holder, as an additional insured shall be primary and non-
contributory to any insurance issued in the name of CITY.
Before commencing any work hereunder, the CONSULTANT shall furnish to
CITY Certificates of Insurance evidencing issuance to the CONSULTANT
policies of insurance providing the types of insurance and limits of
liability prescribed herein, showing carrier rating and additional
insured endorsement attached.
ARTICLE 7. COMPLIANCE WITH LAWS
CONSULTANT shall comply with the laws and regulations of national, state
and local governments, and the rules, regulations and relevant orders
promulgated thereunder, unless inapplicable.
CONSULTANT agrees to indemnify CITY for any liability imposed on CITY as
the result of any CONSULTANT noncompliance with said laws and
regulations.
IN WITNESS WHEREOF , the parties hereto have executed this Contract
Agreement effective the day and year first above written.
SBP Associates, Inc. The City of Scandia, MN
By By
Date Signed Date Signed
ATTACHMENTS :
Exhibit A