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HomeMy WebLinkAbout5M - Liesch Assoc. EAW (CUP 01-19) MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JUNE 5, 2006 5M JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING LIESCH ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE PREPARATION OF A SUPPLEMENTAL EAW FOR CONDITIONAL USE PERMIT 01-19 (RYAN MINING AND EXCAVATION) Introduction The purpose of this agenda item is to review a resolution authorizing Liesch Associates to prepare a supplemental Environmental Assessment Worksheet (EAW) for the Ryan mining and excavation permit. This action would bring the City into compliance with the Court's order as it relates to the need for an Environmental Assessment Worksheet (EAW) for the Ryan mining and excavation permit. The City Council directed staff to prepare the supplemental EAW on April 3, 2006. Historv In 1999, the City received an application for a Conditional Use Permit from Ryan Contracting to allow the excavation of sand and gravel on 13 acres of the McKenna and Kinney properties located north of CSAH 42, and north and east of McKenna Road. Just before the City Council was to consider this CUP, the Council received a petition for an EAW for the project. The City Council ultimately agreed to prepare an EAW. This process was completed in December, 2000. On February 20, 2001, the City Council made a negative declaration on the need for an Environmental Impact Statement. On February 27, 2001, the City Council adopted Resolution 01-19, which approved a CUP subject to 37 conditions (see attachment #1). Fifteen of those conditions needed to be satisfied before the CUP would become valid. Eight additional conditions needed to be satisfied before Ryan could begin work. Fourteen additional conditions needed to be satisfied by Ryan on an on-going basis. In addition, the CUP could be valid for only one year, and was subject to renewal upon application. The need for Ryan to seek renewal of the permit after one year gave the Council the ability to consider the information regarding Ryan's performance and environmental impacts of the project that would be created during the first year of operations. In 2001-02, the SMSC challenged the City's negative declaration on the need for an Environmental Impact Statement, which included a request that the Court should either prevent Ryan from mining or impose additional conditions on its operation, beyond those already required in the CUP. In its first ruling, the Court upheld the City's negative declaration, finding that no further www.cityofpriorlake.com ILES\99CUP\98-C'75\2005 E,",vpR&fi~!5'2?4tW~303 yefI03k~.447.4245 environmental review was necessary, based on the mitigative nature of the conditions incorporated into the CUP. In 2002, following a trial, the Court denied the SMSC's request to prevent mining operations, but imposed several additional conditions on Ryan's operations to mitigate potential environmental impacts. A separate City Ordinance authorized the City to cancel Ryan's CUP if Ryan failed to make substantial use of the premises pursuant to the CUP with in a one-year period. This provision is similar to provisions in the Building Code and in Minnesota Statutes. The City tolled the commencement of that one- year period until the appeal period in the SMSC Litigation expired. After the litigation and appeal period expired, the one year time period on the CUP began to run. In January 2004, after staff concluded that Ryan had not satisfied the preconditions to the validity of the CUP within the one year period following the litigation, the City cancelled the CUP. Ryan disagreed with the City's conclusions and procedures, and sued the City. Ryan also contended that the City lacked statutory authority to impose a one-year term on the CUP or a requirement that an applicant use a CUP within a one-year period. The SMSC intervened in that action and aligned itself with the City. In May 2005, cross-motions for summary judgment were argued, and soon thereafter, a settlement dialogue began. The SMSC's counsel initially participated in those settlement discussions, but when the potential for a settlement appeared to be possible the SMSC dropped out. Several hours before the City Council was scheduled to consider authorizing the execution of the draft Settlement Agreement, the City Council received a copy of a petition requesting the preparation of a revised environmental assessment worksheet on June 20,2005. The City received official notification of its RGU status from the Environmental Quality Board on July 1 , 2005. On July 18, 2005, the City Council denied the Shakopee Mdewakanton Sioux Community's petition for a supplemental Environmental Assessment Worksheet (Resolution 05-130). On August 15, 2005, the SMSC initiated a lawsuit against the City contending that the denial of its petition for a supplemental EAW was improper. On December 21, 2005, the City presented to the Court a motion for summary judgment in the SMSC's lawsuit, arguing that the City properly denied the EAW petition because Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules did not require a supplemental EAW if the project did not substantially change. The SMSC agreed with the City that the lawsuit presented a legal question about the interpretation of the Environmental Review Rules, but the SMSC argued that "the City was obligated to review the impacts of the gravel mine on the surrounding land use because of the significant changes in the area." On January 24, 2006, the Court issued the Order denying City's motion for summary judgment in SMSC's lawsuit, for reasons that implied the Court might have agreed with the SMSC's interpretation of Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules. Following a request for clarification of the Order, the Court explained that the Court agreed with the SMSC's interpretation of Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules, that the City should consider changes in the area surrounding the proposed gravel mine; and that it would be "a very good idea" to prepare a supplemental EAW. On April 3, 2006, the City Council adopted Resolution #06-051 directing staff to prepare a supplemental EAW. Current Circumstances City staff contacted Liesch Associates, who prepared the original EAW. Liesch provided us with the attached proposal, with an estimated cost of $10,000.00. Ryan Contracting has submitted a check to cover this amount. Ryan is also responsible for submitting revised data for the preparation of the EAW. Conclusion The staff has provided Liesch Associates with the attached "Standard Agreement for Professional Services." We expect to receive a signed copy by Monday, June 5th. The staff recommends the City Council authorize Liesch Associates to prepare the supplemental EAW. ISSUES: The cost to prepare an EAW is generally born by the developer. Ryan Contracting has submitted a check for the cost of the EAW. FINANCIAL IMPACT: The cost if this work would be paid by the developer. The City would have the indirect cost of the staff time required to coordinate and review the preparation of the EAW. ALTERNATIVES: 1. Approve the attached resolution which authorizes the City to enter into its standard professional services contract with Liesch Associates to prepare a Supplemental Environmental Assessment Worksheet for the Ryan Contracting Gravel Mining operation. 2. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: The staff recommends alternative #1. / " hi. PRI~ ()...,~ ~(,\ Maintenance Center [..,o~ 17073 Adelmann Street S.E. U t!j Prior Lake, Minnesota 55372 \, ~ / RESOLUTION 06-xx ~NNES~ A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING LIESCH ASSOCIATES, INC. TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE PREPARATION OF A SUPPLEMENTAL EAW WITH RESPECT TO CONDITIONAL USE PERMIT 01-19 (APPROVED FEBRUARY 27, 2001) Motion By: Second By: WHEREAS, On July 18, 2005, the City Council denied the Shakopee Mdewakanton Sioux Community's petition for a supplemental Environmental Assessment Worksheet (Resolution 05-130); and WHEREAS, On August 15, 2005, the SMSC initiated a lawsuit against the City contending that the denial of its petition for a supplemental EAW was improper; and WHEREAS, On December 21, 2005, the City presented to the Court a motion for summary judgment in the SMSC's lawsuit, arguing that the City properly denied the EAW petition because Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules did not require a supplemental EAW if the project did not substantially change; and WHEREAS, The SMSC agreed with the City that the lawsuit presented a legal question about the interpretation of the Environmental Review Rules, but the SMSC argued that "the City was obligated to review the impacts of the gravel mine on the surrounding land use because of the significant changes in the area"; and WHEREAS, On January 24, 2006, the Court issued the Order denying City's motion for summary judgment in SMSC's lawsuit, for reasons that implied the Court might have agreed with the SMSC's interpretation of Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules; and WHEREAS, Following a request for clarification of the Order, the Court explained that the Court agreed with the SMSC's interpretation of Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules, that the City should consider changes in the area surrounding the proposed gravel mine; and that it would be "a very good idea" to prepare a supplemental EAW; and WHEREAS, On April 3, 2006, the City Council adopted Resolution 06-051 directing preparation of a Supplemental EAW to be consistent with the Court's guidance and interpretation, as clarified; and WHEREAS, Professional services are required for this project. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. ~:~!~Rh)riorlake.com Phone 952.440.9675 / Fax 952.440.9678 2. The Mayor and City Manager are authorized to execute the City's standard professional services contract with Liesch Associates, Inc. to provide professional services for the preparation of the EA W for the Jeffers Pond development. 3. The funding for the contract is to be paid in its entirety by the developers. PASSED AND ADOPTED THIS 5TH DAY OF JUNE, 2006. YES NO Haugen Dornbush Erickson leMair Millar Haugen Dornbush Erickson leMair Millar Frank Boyles, City Manager l:\99FILES\99CUP\99-075\2005 EAW Petition\sup eaw resolution. DOC STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 5th day of June, 2006, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372-1714, and Liesch Associates. Inc. a Minnesota corporation (hereinafter "Consultant") whose business address is 13400 15tn Avenue North. Minneaoolis. MN. 55441. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the oreoaration of an uodated Environmental Assessment Worksheet for the Rvan Gravel Minina ooeration. hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services stated in the "Proposal for EAW Consulting Services - Ryan Contracting Co. Gravel Mining" received April 13, 2006, and attached hereto and incorporated herein as Exhibit "A" in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: June 6, 2006 through December 31,2006. 3. Compensation for Services. City agrees to pay the Consultant $10.000.00 for the services as described in Paragraph 1 (and Exhibit A). A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. 1 L:\99FILES\99CUP\99-075\2005 EAW Petition\Liesch - Prof ServicesAgr.doc Created on 6/1/2006 8:33 AM B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Reoresentative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Proaress Pavment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Abandoned or Susoended Work. If any work performed by the Consultant is abandoned or suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Pavments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Mark Olson. Proiect Manaaer. to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Mark Olson from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Scott County, Minnesota for professional services of the like kind.. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All L:\99FILES\99CUP\99-075\2005 EAW Petition\Liesch - Prof s;rviceSAgr.doc €~I; Created on 6/1/2006 8:33 AM W finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from Januarv 18. 2005 through, December 31. 2005 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 3 L:\99FILES\99CUP\99-075\2005 EAW Petition\Liesch - Prof ServicesAgr.doc Created on 6/1/2006 8:33 AM 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liabilit\!. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $600,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Comoensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $1,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information for its purposes. Such use by the City shall not relieve any liability on the part of the Consultant. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. Reviewed for form: CITY OF PRIOR LAKE Director of Planning and Building Inspections Mayor City Manager FIRM NAME By: Its: 5 L:\99FILES\99CUP\99-075\2005 EAW Petition\Liesch - Prof ServicesAgr.doc Created on 6/1/2006 8:33 AM - - LIE~CH HYDROGEOLOGISTS . ENGINEERS . ENVIRONMENTAL SCIENTISTS April 13, 2006 Ms. Jane Kansier Planning Director City of Prior Lake - Planning Dept. 17073 Adelmann Street Prior Lake, Minnesota 55372 RE: Proposal for EA W Consulting Services - Ryan Contracting Co. Gravel Mining Dear Ms. Kansier: In response to our recent telephone conversations, Liesch Associates, Inc. (Liesch) understands that the City of Prior Lake is seeking a proposal to complete an Environmental Assessment Worksheet (EA W) for the proposed Ryan Construction Gravel Mining operation within the city limits of Prior Lake. The project would entail revisiting the EA W that Liesch previously completed in 2000 and preparing a new updated EA W for the proposed gravel pit project. Proiect Understandin~ Based on our discussions, we understand the overall scope of the proposed gravel pit operation remains largely unchanged from what was originally proposed, and includes the mining of approximately 500,000 cubic yards of sand and gravel from approximately 12.91 acres of a 29.6- acre parcel of land. Specifics regarding the proposed development and operation of the gravel pit are defined in the original 2000 EA W, the Conditional Use Permit (Conditional Use Permit Resolution 01-19, February 27,2001), and the Order for Judgment from Scott County District Court (August 16, 2002 and November 16, 2002). We understand that the Project has not been initiated. The Responsible Government Unit (RGU) for the project will be the City of Prior Lake. It is anticipated that the items of importance will include documenting surrounding land use changes with respect to the proposed gravel mining operation, re-evaluating existing traffic information, determining if there have been changes to the status of endangered species or habitats, or cultural resources in the vicinity of the project and completing an overall review and modification of each EA W item as it pertains to the proposed project. Scooe of Work Preparation of the EA W would be initiated by reviewing applicable materials that are in Liesch files and any newer materials that may be provided by the City. It is assumed that the traffic evaluation will be completed through review and confirmation of previously completed traffic studies; these include the traffic study for the 2000 EA W for the project, and also the traffic study that was included in the Shepherds Path Development EA W (September 2005). The Shepherds Path project ... www.liesch.com ~ LIESCH ASSOCIATES,INC. . 13400 15TH AVENUE NORTH . MINNEAPOLIS, MN 55441 . 763/489-3100 . FAX: 763/489-310 I site is situated immediately adjacent to, and southwest of the Site, and as such it is anticipated that much of the information in that EA W will be applicable to the Project. New information that may be needed includes, but is not limited to, legal property description, current site conditions, any changes to construction plans/specifications (including temporary and permanent land modifications), new or revised permitting documents, wetland documentation, testing results, or other information or reports that may have been generated since completion of the original EAW. Specific project materials and information obtained from other public information sources would be compiled and utilized to accurately describe the project within the framework the 31 item EA W form as provided by the EQB. A draft EA W would be made available to City for review to insure accurate project description and understanding of specific conditions to the project. Upon completion of the draft review, materials for issuance of the EA W would then be provided to the City for copying, distribution and public notice. At the conclusion of the 30-day public comment period, Liesch would be available to assist in responding to comments received, only if specifically requested by City. As such, Liesch has not included any time for this task which would be provided on a time and materials basis. Cost ProDosal Based on our understanding of the scope of this project as described above, Liesch anticipates a cost of $10,000 to complete the EA W and deliver materials necessary for copying and distribution. This estimate includes one project meeting if requested by the City. It is assumed in this estimate that any necessary materials to accurately describe the project, which are not already in Liesch files, will be readily available. Upon receipt of any additional materials it is estimated that a draft EA W would be available for review by the City within 30 days. Any work necessary and requested outside of that described would be on a time and materials basis according to the rate schedule attached. To indicate your acceptance of this }-Hvposal and the General Conditions attached to and made a part ofthis agreement, please sign below, Please call me at (763) 489-3134, or John Lichter (763) 489-3120, with any questions regarding the enclosed material. Thank you. Sincerely, Accepted by: LIESCH ASSOCIATES, INC. /YJ~j-, ()~ on behalf of City of Prior Lake Mark Olson Project Manager Date U:\markolproposallRyan gray Prior Lake 4-06.doc .. _.lIesch.com :;; THE LIESCH COMPANIES . MINNEAPOLIS, MINNESOTA . MADISON, WISCONSIN . PHOENIX, ARIZONA TABLE City of Prior Lake Proposed Ryan Contracting Gravel Mining Operation EA W Cost Estimation Table - April 12, 2006 WORK ELEMENT I 1. Project Description I 2. Project Magnitude Data I 3. Permits and Approvals Required I 4. Land Use I 5. Cover Types I 6. Fish, Wildlife and Ecologically Sensitive Resources I 7. Physical Impacts on Water Resources I 8. Water Use I 9. Water Related Land Use Districts I 10. Water Surface Use I 11. Soils I 12. Erosion and Sedimentation I 13. Water Quality - Surface Water Run-off I 14. Water Quality- Wastewater I 15. Groundwater - Potential for Contamination I 16. Solid Wastes, Hazardous Wastes, Storage Tanks I 17. Traffic I 18 . Vehicle - Related Air Emissions I 19. Stationary Source Air Emissions I 20. Dust, Odor, Noise Generation I 21. Historical Resources, Parks, Special Resource Areas I 22. Visual Impacts I 23. Compatibility with Plans I 24. Impact on Infrastructure and Public Services I 25. Related Developments/Cumulative Impacts I 26. Summary ofImpacts I 27. Meeting (Includes Preparation) I 28. Respond to Public Comments I Total Hours I Labor Costs I Direct Costs I Estimated Total Project Cost LIESCH PROF. ($95/HR) 2.0 0.5 2.0 0.5 1.0 2.0 1.0 0.5 1.0 0.5 1.0 2.0 3.0 1.0 1.0 1.0 0.5 0.5 2.0 1.0 2.0 1.0 1.0 1.0 2.0 4.0 LIESCH SUPPORT ($80/HR) 1.0 2.0 2.0 2.0 3.0 2.0 4.0 RLK (Traffic) 35 39 $3,325 $3,120 $3,400 --- I $10,000 1- 1.0 1.0 2.0 3.0 0.5 0.5 0.5 $3,400 NOTES Assumes readily available documents and plans for utilization in project description and EA W figures; assumes no new field traffic study data collection, traffic design modifications; assumes no wetland delineation or mitigation planning. Draft EA W to be submitted to the RGU for review, finalized materials to provided to RGU for preparation and distribution as required by EQB. Meetings as may be required or requested would be at applicable billing rates. Cost estimate breakdown for total project budgeting, actual time and cost associated with individual tasks may vary. U:\marko\proposal\Prior LK Ryan Gravel 4-06 EAW.doc 2.0 3.0 2.0 3.0 0.5 2.0 2.0 DIRECT COSTS ATTACHMENT A General Conditions Of Liesch Associates, Inc. To That Certain Agreement By and Between Liesch Associates, Inc. and City of Prior Lake ("AGREEMENT") SECTION 1: SERVICES; REPORTS 1.1 Liesch Associates, Inc., a Minnesota corporation ("Liesch") will perform services as defined in this Agreement ("Work") and the undersigned ("Client") will pay for such Work as agreed. 1.2 All documents prepared by Liesch as instruments of services, including, but not limited to the Reports, will remain the property of Liesch. 1.3 Provided Client has made timely payment in full to Liesch, Client may use the Reports in their entirety and may make copies of the entire Reports available to others. However, Client shall not make disclosure to others of any portion of a Report constituting less than the entire Report. While Client may make the entire Reports available to others, the only parties entitled to rely thereon are the parties to whom the Reports are addressed. No one may be deemed a third party beneficiary of this Agreement or the Reports, unless and only to the extent that the Reports are addressed to them. SECTION 2: CLIENT RESPONSIBILITIES 2.l Client will indicate to Liesch the property lines on the Client's project site (the "Site") and be responsible for accuracy of such property lines. 2.2 At Liesch's request, Client will provide entry to the Site for Liesch personnel and equipment necessary to complete the Work. 2.3 Prior to the Commencement of the Work, Client will make available to Liesch all known information regarding existing and proposed conditions of the Site, including but not limited to, subterranean structures and utilities. Client will immediately provide Liesch with any new information which becomes available to Client, its employees, agents, contractors or its subcontractors which differs materially from information previously provided to Liesch. 2.4 Client agrees to render such reasonable assistance as is requested by Liesch to assist Liesch in the performance of the Work without delay or interference on the part of Client and, upon request from Liesch, to provide suitable work space on the Site. Client will, in addition, provide a representative to answer questions about the Site and the execution of the Work when required by Liesch. 2.5 Notify Liesch of any applicable environmental liens and other specialized knowledge regarding the subject property. SECTION 3: GOVERNMENTAL APPROVALS AND REQUIRED REPORTS 3.1 Liesch will assist Client in applying for and obtaining all permits and approvals ("Governmental Approvals") required by law, provided however, ultimate responsibility for obtaining the Governmental Approvals remains with Client. Liesch shall have no liability whatsoever for failure to acquire the Governmental Approvals. 3.2 Client and/or Liesch may be required by federal, state or local regulations or statute to report the results of Work performed by Liesch under this Agreement. It is agreed that the Client shall be responsible for all such reporting and shall hold Liesch harmless and indemnify Liesch from any and all fines, penalties and costs resulting from any failure of the Client to make such a report. If Client fails to make such report on a timely basis, Liesch may make such report if it is required to do so by applicable statutes, regulations or governmental authorities and may charge Client for the cost of making such reports pursuant to the fees and rate schedules set forth in the Agreement. SECTION 4: TERMINATION 4.1 This Agreement may be terminated with or without cause by either party upon 30 days prior written notice to the other party. Notwithstanding such termination, Client shall remain liable for services rendered to the date of termination in accordance with the fees and rates set forth in the Agreement and the provisions contained in Section 6 shall survive such termination. SECTION 5: INSURANCE 5.1 Liesch shall carry statutory workers compensation insurance and public liability and property damage insurance policies in amounts and form which Liesch considers adequate. Liesch Automobile and Comprehensive General Liability policies shall each have combined single limits of at least $500,000. Liesch shall maintain a Consultant's Environmental Liability and Contractors Pollution Liability Policy or other similar errors and omissions coverage with combined single limits of at least $1,000,000 ("E&O Coverage"). Certificates of insurance will be provided to the Client upon request. The providing of insurance as set forth shall not be construed as Liesch's assumption of any liability arising out of any act or omission of Client. SECTION 6: INDEMNITY AND LIABILITY 6.1 Client agrees to indemnify and hold harmless Liesch, its agents, employees, subcontractors and subcontractor's employees, from any and all claims, causes of action or loss arising from the acts or omissions in the performance of this Agreement by Client, its employees, agents, contractors or subcontractors. Liesch agrees to indemnify and hold harmless Client, its agents, employees, subcontractors and subcontractors employees, from any and all claims, causes of action or loss arising from the negligent acts or omissions in the performance of this Agreement by Liesch, its employee, agents, contractors or subcontractors. 6.2 Should the Client assert a claim or cause of action based on Liesch's negligence or other act or omission, the Client understands and agrees that its total recovery from Liesch and Liesch's insurers shall not exceed an amount equal to the maximum amount of Insurance Coverage in force that is applicable and available to Liesch with respect to such claim. 6.3 Without limiting the generality of any provision contained in this Agreement, Client specifically waives any claim against Liesch and agrees to indemnify, defend and hold Liesch harmless from any claim or liability for injury or loss arising from Liesch's encountering or spreading of hazardous substances, as that term is defmed by applicable state and federal statutes, or explosive materials. Client also agrees to compensate Liesch for fees and expenses incurred by Liesch in defense of any such claim, with such compensation to be based upon Liesch's prevailing fee schedule and expense reimbursement policy. 6.4 Client understands and agrees that Liesch was not retained to verify information provided to it by other sources, including without limitation, Client, its employees, agents, contractors and subcontractors, regulatory and government agencies, persons knowledgeable about the Site or vendors of public data and as such, Liesch will assume no responsibility for the accuracy of such information and will not be held liable for services performed or actions taken by Liesch which are based on information provided by other sources. 6.5 To the extent that Liesch does not identify contamination or potential sources of contamination to the Site in the Report, Liesch's conclusions in the Report are not representations that the Site is free of hazardous substances. Client understands and agrees that under no circumstances can Liesch represent or warrant that "hazardous substances", as that term is defmed by applicable state and federal statutes, do not exist on the Site. 6.6 Liesch hereby disclaims all implied or express warranties with respect to the Work. If in the scope of performing the Work, Liesch is asked to provide any estimates for costs of remediation or constructing or installing preventative or other release control or treatment measures for services to be performed by other parties, Liesch shall not be held liable or responsible in the event that the actual cost thereof exceeds such estimates. Liesch shall not be liable or responsible for any incidental or consequential damages arising out of Liesch's negligence or other act or omission including, but not limited to, claims for lost profits, down production or manufacturing time, or any difference in the market value of property between its market value subject to an undiscovered environmental condition thereon and its market value without such condition.