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CR 91-236 Vernturian Agreement For Site InvestigationOctober 30,1991 James Gessele Engineering Superintendent AGREEMENT WITH VENTURIAN CORPORATION ENVIRONMENTAL SITE INVESTIGATION Council Report: 91 -236 Proposed Action. Staff recommends the following motion: Move that Council authorize the mayor and city manager to enter into an agreement with the Venturian Corporation concerning sharing of costs of an environmental site investigation. Overview. Among environmental issues discussed at a September 10 council worksession was the City's cooperative effort with the Venturian Corporation to conduct a. site investigation of the property lying south of County Road 3 and between Nine Mile Creek and 17th Avenue. Council was made aware that the City has been working with Venturian representatives in documenting a waste disposal history of the site to facilitate the sale of the property to a prospective buyer. This preliminary site assessment, titled "Site History Review," describes disposal locations, periods and activities that could have an impact on conditions of the area. The scope of the report was expanded to include property bounded by County Road 3, Nine Mile Creek, llth Avenue South and the former Chicago Northwestern Railroad, hereafter referred to as the Justus site. Staff reported to Council that this site history would be submitted to the MPCA for review and that in all likelihood additional investigatory work, e.g. monitoring wells, would be needed to document the scope of environmental contamination. The question of funding for such a site history and additional investigation was discussed, and Council agreed to City participation in the cost. Staff has obtained cost estimates and reached an understanding with Venturian in the apportionment of the costs. Primary Issues to Consider. o What are the costs of a site investigation? o What is the substance of the agreement? Supporting Information. o Costs estimates - Braun Intertec o Letter from Doherty Rumble & Butler Analysis. o What are the costs of a site investigation? A cost estimate furnished by Braun Intertec projects a total study expenditure of almost $39,225. This covers the cost of developing a work plan and its submittal to the MPCA, installation of monitoring wells and gas probes, data interpretation, and report preparation. Braun calculates that the western site (Venturian) be allocated with 65% ($25,500) of the estimated cost and the eastern site (Justus) with 35% ($13,725) of the cost. o What is the substance of the agreement? Although no detailed document is available, City staff has reached an agreement in principle with Venturian whereby each party will assume one -half the apportioned cost of a site investigation. Staff is still in discussion with Justus representatives concerning their site and feels confident similar cost - splitting arrangements can be made. The overall implication of both agreements is the City spending roughly $20,000 of its own funds on this investigation. This figure does not vary much from the preliminary cost presented at the September. 10 worksession. Staff recommends authorization to enter into an agreement with Venturian under the above - referenced parameters. 23-0a-91 6 A,CRI IN TBRTEC PHOPCMIX 91 --0019 Site na mel- lopkms Cty Road 3 WWII I STAFF COSTS �R St Sci 67 Staff &i $67 staff $0 c = =inaicate rate E3I initials here TOTAL REPORT SECTION Hours cost Hours oast Hours cost i-iaurs cost EACH SECTION 20 $1,7001 MPC,A Wa'icrlan Appru+ral 10 $850 I Manage MW 5 Instatlatim 1 ! 20 $1,700 r $4 TOTAL EACH PERSON 68 $5,780 Other expenses: Vehicle Rental LOCAL_ MLEAGE @ .45 TYPING X43 . Pia GasTech Consumaties Surveying Clearing Utilites Dewlap w«lcpan Interpret Anzlyticat Result Report prep project wrapup & invoice Total Other Staff 011-IER ADMIN. SUPPORT 100 $100 Di ng $11,275 Ch $6, OTHER STAFF Hours Rale Amount Kewin Ausseta i0 $53 CAD vast= 10 $25 Tech Office 12 $48 $576 Field Tech 72 $48 $3,456 Feld Tech DeviSamp 16 68 1088 LC (invoice tens) 2 $138 Tech 1 3 33 { $0 $0 $335 $0 t 10 $670 { $o { 8 $536 o { $2,680 { $0 I 11 187 480 $216 17 $731 PROJECT TOTAL... $39,217 72 864 6 $135 50(l 450 20 $1.3401 $3040 $1,185 $1,095 $1,216 $4,380 $11,,ato DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIAT Attorneys at Law October 24, 1991 Martha Brand Leonard, Street & Deinard 150 S. 5th St., Suite 2300 Minneapolis, MN 55402 Re: Venturian Site Investigation Dear Martha: I write on behalf of the City of Hopkins to confirm its understanding of the apparent agreement between the City and Venturian Corporation to each pay one half of the costs associated with the proposed environmental assessment work on the Venturian . property west of Nine Mile Creek and south of County Road 3. At the meeting between Venturian and City Staff held on October 17th, the City understood that Venturian agreed to split the costs that Braun Intertec and its subcontractors will incur in performing the work plan for this investigation dated October 29, 1991. If acceptable to Venturian, we ask that Braun submit separate billing statement to the City and Venturian with the total costs reflecting the split identified as to each party. As Steve Mielke advised at our meeting on the 17th, the City Council has asked for an opportunity to review and approve proposals for environmental assessments of the Venturian and Justice Lumber sites. This matter will be submitted to the City Council for action at its meeting on November 5th. In the meantime, once the work plan and this agreement have been found acceptable, the City staff has no objection to sending the work plan to the MPCA for review. If Venturian has any disagreement with this understanding regarding the payment arrangement, please let us know as soon as possible. Ver��.t1ruly yours, 2800 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota 55101 -4999 Telephone (612) 291 -9333 FAX (612) 291 -9313 Writer's direct dial number: DicY Nowlin, for DOHERTY, RUMBLE & BUTLER, P.A. FDN24510 /mmo cc: Steve Rifler Jim Gessele l/ Steve Mielke 291 -9376 3750 IDS Tower 80 South Eighth Street Minneapolis. Minnesota 55402 -2252 Telephone (612) 340 -5555 FAX (612) 340 -5584 Magruder Building 1625 M Street, N.W. Washington, D.C. 20036 -3203 Telephone (202) 293 -0555 FAX (202) 659 -0466 Reply to Saint Paul office