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5.k) Staff Report-Contract with Leggette, Brashears & Graham, Inc. for Zavoral Groundwater Monitoring (� ,, � � �--: --�\ ���� �� � �� � �, SCANDIA Staff Renort Date of Meeting: April 16,2013 To: City Council From: Kristina Handt,Administrator Re: Contract with Leggette, Brashears&Graham, Inc for Zavoral Groundwater Monitoring Agenda Item#: S.k) 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: 1) Approve contract 2) Amend and then Approve Contract 3) Take no action Recommendation: Option 1. LEGGETTE, BRASHEARS & GRAHAM, INC. PROFESSIONAL GROUND-WATER AND ENVIRONMENTAL ENGINEERING SERVICES 8 PINE TREE DR1VE SUITE 250 ST.PAIJL,MN 55112 (651)490-1405 FAX(651)490-1006 � 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 Ciry of Scandia,Minnesota Dear Ms. Handt: Provided below is Leggette, Brashears & Graham, Inc.'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 l9,2013. The tasks to be completed by LBG for the one-year monitoring program are as follows: • Task 1:Project Management . Task 2: lnstall Dedicated Monitoring Equipment • Task 3: Conduct Monthly Site Visits • Task 4: Evaluate Data and Report Results • Task 5:Attend Meetings Task 1: Project Management This task includes genera] project management services including project coordination and communication with LBG staff, and correspondence with the City, Washington County Conservation District (WCD), Marine-Carnelian Watershed District (MCWD), Minnesota DNR,and Tiller representatives. CONNECTICUT•FLORIDA•GEORGIA�ILLINOIS•MICHIGAN•MIIVNESOTA�MISSOURI�NEW JERSEY NEW YORK•NORTH 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. These 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 (I) Aqua TROLL 200 data logger in the on-Site monitoring well for the purpose of ineasuring water levels, temperature, and electrical conductivity; and, • Install and program three (3) Level TROLLs for the purpose of ineasuring 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 problems are recognized. LBG assumes the City will distribute data and copies to other partaes. LBG will work closely with the WCD by providing groundwater data rnonthly ta 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 summazized 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: ���� � J. Kevin Powers Senior Vice President DSH Attachment S:.TalilSundi�Aygrc1�tclT�von11PM11 yr monitoriny cost(revised 3-2T-13).docx � z � e m � c� � . � a � o $ g � o � Q $ � �, o N a m cn � � h b4 � � � � � a � 1A d9 if! Y► F d F V Q � a W m � u� c�! � � g � � m � Oi m Vi V� Mi J W 0 0 0� .. � � N ,� � o � u> m m r� c�i o t� � r� � 6 y � � » v� � � t c .Q J Q � � 9 0 � y a� � �° r. F- � � �� � � Z v �e f � � � �e m a 3 � ` �L c W � y � �� � V � � � � O t� O m $ O� � � y� p� � t�0 � � � o L > � o � � � N 5 v � v �: � a�i � ~ � � � c ¢ o m � � � � � p o ` � o � � � � � � � � � � � n � a► � v � . � � a aa' c`� w' a o � o � � S * oD � �r N c� v �i u9 Y H N � N d � � � � � � � � � Y ; � � a � s = �; START CONTRA.CT This agreement for the performanca of services is entered into this 22nd day of March ,2013,by and between Leggette,Brashears&Graham,Inc.(LBG)and The City of Scandia (Client). Subject to the contract terms printed on the 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 scope of work,terms of the proposal or scope shall govern. CLIENT CLIENT CONTACTS Name: Kristina Handt,Administrator Reporting: Kristina Handt Company: City of Scandia Site Conditions: Kristina Handt Address: 14727 209th Street Noxth CityBtate/Zip: Scandia,MN 55073 BILLING INFORMATION Name: Same es above Compaoy: Address: City/Stste/Zip: Project Location: Street: St Goix'rr City: Scandia State: MN Zip: 55073 North/Hwy 97 Proposal/Scope Date and Reference No.: March 22,2013 scope of work #Pxges Attached: 4 Brief Statement of Services: Provide professional consulting services for groundwater monitoring and data evaluation associated with the Zavoral mine at the above referenced location Anticipated Start Date: 4/1/13 Antictpated Completion Date: 5/1/14 Preliminary Cost Esiimate: S 47,200 LBG Ot�ice Location: St.Paul Project Representative: Dave Hume Principal-in-Charge: Kevin Powers Retainer: S N/A Client hereby engages LBG to perform the services described and referred to herein and agrees to pay LBG for such services, 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 othetwise provided in the attached proposal or scope: (I) inclusion of anticipated "stert" and "cflmpletion"dates shall not be construed to impose a"time is of the essence"requiremen�and(2)any preliminary cost esGmate shall not be construed as a"flat-fee" or"not-to-exceed" amount. In consideration of the foregoing,LBG agrees to perform the services described and referenced herein. City of Scandia LEGGETTE,BRASHEARS&GRAHAM,INC. CLIENT By:(sigaature) By:(signature) (printed) (printed) Title: Title: Date: Date: Witness: Witness: Rev.5/11 GENERAL TERMS AND CONDITIONS FEE PAYMENT 1) I.BG will submit invoias to Clirnt monihly following any month of significant activity,end a fma!invoicc upon completion of services. Invoices will show cl�arges besed on current LBG Fee Schedules or otha agreed-upon basis,and will indude a deta�7ed separation of c6arges and supporting infamation 2)Paymem is due upon reeeipt of invoice.On accouMs past due by forty-five(45)days,Clieat will pay a finenee charse of 1.25 pccent per month dating from the invoice date. 3)ln the event Cliem requires expert-witness testimony,CIieM will pay LBG all past due balences before LBG will proceed to prepere for or offer tatimo�ry. 4) Client wrll pay the balance stated on the invoice unlcss Clirnt notifics LBG of thc perticular item that is alleged to be incorrecl within fifteen(15)days from the invoice date. C7ient wi1)remit the balance of undispuud items in a timely manner while a disputed item is being nviewed. S) In the event Clierrt fails w pry LBG within forty-five(45)dnys followiag invoice date,LBG may consickr the defauh e brcacl�of the consuhing agreement end all duues of LBG may be suspendcd or te+minated,end work produd may be withhald,without liabiliry of my kind tn LBd. OWNERSffiP OF DOCUMENTS AND CONFIDENTIALITY 1)Atl reports,field data and notes,laboratory tat data,calculations,atimetes,end other documents prepared in the course af consuliing service shal]remain the property of LBG: Client ngrees that all reports and other work LBG fumished to Client or ClienPs egeMs which are not paid fa,will be nturned upon demand and will not be used for a�ry purpose vvhetsoever. 2)Documenu provided to LBG by Client will be rehrned ro Client,upon request,at 1he eompletion of work at ClirnPs cost. 3) Reuse of repoRs or other materiels by Client m otbers on extensions or modifications of the project or on otbei siks,without writua permission from LBG or adaptation by � LBG for the specific parpose iotended,shell be at the users sole risk,withom liability on the part of LBG 4)LBG shal!maintsin Client's project data and rcpor�s in suictut confidaux,and wi71 relesse such infoimstion ro others only upon express writien permission from Client. D1SPIITES 1)Client will pay all ressonable collection expcnsa or litigadon fea,induding ettomty fees thst LBG incurs in collecting any delinquent amourn Client owes. 2) [f the Client instituta a suh against LBG which is dismissed or for which judgment is rendered for LBG,costs for litigation including aHomey fas,expert witness fees and court rnsts will be bome by individual parties. TN5[IRANCE AND INDEMNIFICATION 1) LBG tvlll carty Workers Compensetion,General Liability,Automobilc Liabiliy,Excass Umbrella-Focm Liability and Profasional Liabiliry insurance policiea in amounts, which LBG considers adequate. Certificatu of insurance wiU be provided to Climt upon request. Within the temis and conditions of the iasurance,LBG agras to indaanify Clieni against loss caused by actions of LBG,its employas or its subconuactors. LBG will not be respons�ble for liabiliry beyond the limits and conditions of t6e insu�ance. At ClienPs request,LHG will soek additional insurance coverages or coverage limits for speafic projects,and will bill Clieni for the additionel pranium cost. LBG will requirc that its fidd subcontrecton be insiued to the same levels requiru3 of LBG by Client. 2) LBG's professional liebiliry will be limited to the valce of the consulting servica pertorcned. 3) LBG will not be responsibk fot any loss or liability from ncgligencc by Client or by other agcnts,wntractors or conauNanU employed by Client or from cegligence by any peraon for whose condua we are not legelly responsible. TEST BORIIVGS AND OTHER EXPLORATIONS 1) To drill ust borings or perform other«plorations,LBG may engage a contrector experienced'm this work . On occasion,LBG engages the specialized services of individual consultants or otFur companies to perticipate in a projea. W hen considered neceuary,these firms or other consultanu will be used with ClienYs approvel. , Such specialists wiq be wlwlly respons�ble for their worlc producl. 2) Altematively,at Clidrt's request.LBG will recommend contrector(s)or specialist(s)fa Climt to rnter into direct contract(s)with. In that everrt,invoices for these outside services will be mailed W Cliern for diroci peyment to the contrutor(s). LBG review and approvd of each urvoice will be provided on request. Under either aitemative,LBG does not gwranta end is»ot respons�ble for the performanee of thc conhactor(s)or the accuracy of their resulu. GEOPHYSICAL AND GEOCHEMICAL INSTRUMENTATION SERVICES LBG is equipped to provide specielized geophysical and geochemical instrumeotation services according to projed nads. Fces for these equipment services will be besed on use charges at standard raus publis6ed by LBG plus fees for consulting servica, CUSTODY OF MATERIALS 1) ln 11�course of work,LB(3 may take custody of and densport soil andlor water sampla from Clirnt's sita Upon the wmpletia�of eveluation end�or tati�of such sampla, LBG reserves the right to retarn the samples to Ctient at ClienPs expense,and Client agrees to aaxpt such samples end the rayonsibiliry for their proper and legal disposel. 2) At no time,timder any circumstancss,will LBG pusonnel tepvesent L9Ci m themselves as generators of waste,hazeidous or othcrwise,which may have io be retnoved from or disposed of on a sile,end LBG personnel witl not sign hszerdous weste manifests on bdialf of Cliwt RiGHT OF ENTRY Clieut will fumish right-of-entry on the sile for LBG to conduci the work. LBfl will take reasoneble procautioas to minimiu damage W the land from use of�quipment,but hes � not iocluded in the fa tfie cost for restomtion of demnge that may resuh from site opueNons. DAMAGE TO SUBSURFACE STRIICIURES Rasonable care w�71 be acereiaed in loeating subsurfsa structures in the vicinity of proposed subsurface explwatioro. This will include eo�act with t6e local ageni.y coordinating subsurface utility inforn�ation(i.e..'Call Hefore You Dig"service)and a review of plans provided by Cliem for the site to be investigaud. LBG shall rety upon any infomution provided by Cliart or ClienYs ageM or representative. lf the locations of andergramd etroct�ua ue not known accorelely or cennm be confirmed,t}�en thae will be a degrce of risk to Client associated with conducting the wodc. In the sbsence of confivned underground structuro locstions,Clirnt agtees to aocept die risk of danuge and possible costs associeted with repair and testoretion of damage resulting from the exploration work. PETROLEUM PRODUC7'S AND HAZARDOl1S MA7ERIAIS ]) Petroleum products.}�szardous materials,or ubestos may exist at a site whae tlxrc is no reason to believe they should be prosent If,at a�ry time,evidencs of the existeMx or possible existence of such substancas is discovaed,LBG reserva the right to nnegotiate eny consulting agrcement,the fxs for our urvias and our contiuued involvetnent in the project. LBG wil)notify Client as soon u possible should unanticipted ha�ardous meteriels or suspocted hazardous materisls be discovered 2) The disoovery of 6azardous materials a wspected haurdous matuials mny meke it necasssry for LBG to tnke immediate meavures to pentect human health md safery and/or the environma�t Ctient agras to compensete LSG for tho cost of ury and all measures thet,in our professiopel o�ite judgmrnt are justified to preserve and p�oted the health and safety of our personnel,C1ien4s employas and�or the public,and/or the environment. lo eddition,C&nt waives any claims againct LBG and,to the full extrnt permitted by law, agnxs to indcmnify,defbnd and hold LBG harmlas from any and all claims,dameges end liabiliry,includin�but not limited to cost of defense,in arry way connated wi�h petroleum products.hezardous mataials w ubcsWs. STANDARD OF CARE In accxptiag our proposal for consulting services,Client acknowledges the inherent risks associat�d with any subsurface investigation. ln perfomiing professional urvices,LBG will use that degree of catt and skill ordinarily exvcised under eimilar circumstances by members of thc profession precticing in the seme or similar localities. LBG makes no express or implied warranty beyond our wmmitmcnt to oonfom�to this high standard of profossional qactice. S:',Teth�Scendia Ag�egatelZavorallPMUertns and conditions.doc