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EDA Agenda 12-02-2019AGENDA SPECIAL ECONOMIC DEVELOPMENT AUTHORITY MEETING (RESCHEDULED REGULAR 2"d NOVEMBER MEETING - FROM 7:00 A.M. ON 11-27-2019; DUE TO BAD WEATHER) Monday, December 2"d, 2019 — 6:00 p.m. Oakwood Room, Monticello Community Center Commissioners: President Steve Johnson, Vice President Bill Tapper, Treasurer Jon Morphew, Tracy Hinz, 011ie Koropchak-White and Councilmembers Lloyd Hilgart and Jim Davidson Staff: Executive Director Jim Thares, Jeff O'Neill, Angela Schumann, Wayne Oberg and Jacob Thunander 1. Call to Order 2. Roll Call 3. Consideration of additional agenda items 4. Consent Agenda 4a. Consideration of Quotes for Phase I Environmental Site Assessment — 1.6252 +/- acre area consisting of 224 - 4th Street East, Palm Street ROW and 300 - 4th Street East and further authorizing entering into a contract for services with the lowest qualified quote provider 4b. Consideration of authorizing funds in the amount of $600 from the EDA 2020 marketing budget for a downtown visioning event featuring 7ohn Davis in support of Comprehensive Plan activities in early 2020 Regular Agenda Pat Briggs, Briggs Companies, Rivertown Residential Suites — Verbal Update 6. Director's Report 7. Adj ourn EDA Agenda - 11/27/19 4a. Consideration of Environmental Site Assessment (ESA) Quotes for 1.6252 +/- acre site on 4th Street East and authorizing entering into a contract with the lowest qualified quote provider (JT) A. REFERENCE & BACKGROUND The EDA is being asked to review and select the lowest qualified quote for work involving the completion of an Environmental Site Assessment (ESA) for an area of approximately 1.6252 acres +/- along 4th Street East. The parcels involved in the ESA include the following parcels: a vacant lot located at 224 - 4th Street East, purchased by the EDA in early 2018, the undeveloped Palm Street right of way (ROW), and the residential property that is located at 300 - 4th Street East. The 300 - 4th Street is currently under contract with the EDA for acquisition. The closing is scheduled for 10:00 a.m. on Friday, December 6, 2019. The EDA is further asked to authorize entering into a contract for ESA services with lowest qualified quote provider. Quotes have been submitted by the following firms in the amounts shown below: Name of Firm Amount of Quote WSB & Associates, Inc., Golden Valley, MN $2,020.00 Braun-Intertec, Inc., Minneapolis, MN $3,000.00 SEH Engineers, Inc., St. Paul, MN $3,400.00 The low quote was submitted by WSB & Associates, Inc. A review of the WSB RFP submittal by staff confirms that it meets the requirements of the RFP. The EDA will benefit now by having an understanding of the environmental conditions and/or potential issues at the 1.6252-acre land tract. The ESA report will be useful if there are issues identified as it will guide follow on environmental review steps such as a Phase II investigation. It will further be evidence to a prospective future developer who may acquire the property. Developers prefer to have documentation regarding environmental conditions prior to beginning proj ects. Completing the ESA Phase I at this point in time will position the EDA with flexible ne�t step options as it considers formulating plans for future development of the land tract. Al. STAFF IMPACT: The staff activities in this important environmental step include: creating a descriptive Request for Proposal (RFP) packet, soliciting quote submittals by prospective qualified firms, sending them the RFP packet, reviewing RFP submittals and preparing the staff report for EDA consideration. To date the approximate amount of time involved by staff is 7 to 8 hours +/-. A2. BUDGET IMPACT: The expected future budget impact is tied to the EDA decision related to selection of an acceptable quote. Since this is professional service, the EDA has the leeway to select the most qualified firm regardless of the quote amount if it 1 EDA Agenda - 11/27/19 so chooses. The source of the funds to pay for the ESA will be the EDA General fund budget. The specific line item will be the "Redevelopment Activities" line item. The adopted 2019 EDA budget set aside $123,250 in the Redevelopment activities line item for these types of expenses. As of the most recent financial update, there is sufficient funding available in this line item. B. ALTERNATIVE ACTIONS: L Motion to select the lowest qualified quote for ESA services and authorize entering into a contract for services with the selected vendor. 2. Motion to deny selection of the lowest qualified quote and authorization to enter into a contract for services for ESA services. 3. Motion to table action on the item for further research and/or discussion. C. STAFF RECOMMENDATION: Staff recommends that the EDA select the lowest qualified quote among the submitted proposals. Completing the ESA is an important step for the EDA to have knowledge that the 1.6252-acre site does not have serious environmental issues. Although, this area is an older core residential neighborhood, and as such, is believed to be relatively clean and uncontaminated, it is prudent to understand the environmental conditions and/or issues at the site now, so as to inform any required mid-term and longer-term steps. D. SUPPORTING DATA A. WSB & Associates, Inc. RFP Submittal B. Braun-Intertec, Inc. RFP Submittal C. SEH Engineers, Inc. RFP Submittal D. RFP Format � � 0 U � z W m � � z � � J 0 a a W z z � � W � z W > a a Z W X 0 � November 20, 2019 Jim Thares Economic Development Manager City of Monticello 505 Walnut Street, Suite #1 Monticello, MN 55362 wsb Re: Scope of Work and Cost — Phase I Environmental Site Assessment 224 4th Street East, Palm Street Right of Way, and 300 4th Street East Monticello, MN 55362 Dear Mr. Thares: As requested, outlined below is a scope of work and cost estimate to perform a Phase I Environmental Site Assessment (ESA) for the properties located at 224 4th Street East, Palm Street Right of Way, and 300 4th Street East located in Monticello, Minnesota (the Property). The Phase I ESA will be performed in general compliance with the ASTM E1527-13 Standard Practice for Environmental Site Assessments. WSB understands that the City of Monticello is considering purchasing the 300 4th Street East property. Further, WSB understands that access to the 300 4th Street East property will not be available until the week of December 2nd, 2019 and any major findings will be provided to the City by December 6, 2019. The following items will be performed as part of the Phase I ESA: Historical Records Review WSB will obtain federal and state regulatory database information for the Property from a commercial regulatory vendor to evaluate for potential environmental conditions. This review will not include a detailed review of all listings identified in the regulatory database search, but rather will focus on listings which have the potential to result in a recognized environmental condition (REC). The following historical records will be reviewed: • Sanborn Fire Insurance Maps • Historical Aerial Photographs • City Directories • Historical Topographic Maps • Federal EPA-listed sites including NPL, CERCLIS, RCRA, and ERNS • State MPCA-listed sites including UST, LUST, MERLA, VIC, spills, landfills, and others • Regulatory file review will be conducted per ASTM E 1527-13. I nterviews WSB will conduct interviews with Property representatives (via phone, in person, or questionnaire) regarding past and current Property use activities. Any entity relying on Jim Thares November 20, 2019 Page 2 the Phase I ESA will complete a User Questionnaire provided by WSB. The following representatives will be contacted and interviewed (if available): • Current or past Property owners • Current Property management or maintenance staff • City building and inspection department • City fire department Site Reconnaissance WSB will make a direct visual inspection of the Property and adjoining properties. All Property areas will be accessed as part of the site reconnaissance except dwellings, farmstead buildings, and areas deemed unsafe for access. The adjoining properties will be viewed from the public right-of-way areas. The site reconnaissance will include observation and documentation of the following: • Location of visible aboveground or underground storage tanks • Location of chemical or hazardous material storage • Location of water bodies (if present) • Condition of vegetation and exposed soils • General parcel topography • Photographic documentation Reportinq WSB will summarize the results of the Phase I ESA in a final documentation report. This task does not include those items considered non-scope by ASTM Standard E1527-13 including; asbestos, lead-based paint, radon, lead in drinking water, wetlands, regulatory compliance, cultural/historic resources, industrial hygiene, indoor air quality, biological agents, or mold sampling and analysis. The report will be completed in accordance with the ASTM E1527-13 standard and shall include the following: • Supporting documentation upon which the findings and opinions are based • Scope of services performed • A"findings" section which will detail any recognized environmental conditions (RECs) identified by the assessment • The opinion of the environmental professional • Any conclusions drawn from the assessment Assumptions The following items are assumed for this scope of work: • Property access and owner questionnaires will be facilitated by the City. • Based on available information, no MPCA or MDA regulatory file reviews will be required. • An Environmental Lien and AULs search will not be completed as part of this scope. • The Client will provide one review/comment of the Phase I ESA report. Jim Thares November 20, 2019 Page 3 • If a reliance letter is desired, the cost is $300 per reliance letter and $50 for each additional entity/party listed on the letter. Total Cost and Schedule The cost to perform the above described Phase I ESA is a lump sum of $2,020. If additional work is required beyond this scope, WSB will provide the services on a time and materials basis with approval from the City. Upon authorization, WSB can initiate the work immediately with anticipated Property access the week of December 2nd, 2019. All major findings will be provided to the City by December 6, 2019 and a final report by December 13, 2019. If you wish to authorize this work, please sign below and submit a copy to WSB. Sincerely, WSB Ryan Spencer, CHMM Senior Environmental Scientist I hereby authorize the above scope of work, schedule, and cost. Name (Print) Signature Date Enclosures WSB 2019 Rate Schedule WSB General Contract Provisions � � �� wsb . - . =-��i� }:;;�� $166-$185 ASSOCIATE ; SR. PROJECT MANAUER SR. PROJECT ENGINEER $150-$185 PFdOJECT MANAGER $132-$146 PROJECT ENGINEER $116-$146 GaADUATE ENGINEER $88-$109 SR. LANDSCAPE ARCHITECT I SR. PLANNER SR. GIS SPECIALIST $116-$146 LANDSCAPE ARCHITECT PLANNER GIS SPECIALIST $69-$109 ENGINEERING SPECIALIST SR. ENVIRONNiENTAL SCIENTIST $99-$143 ENGINEERING TECHNICIAN ; ENVIRC2NMENTAL SGIENTIST $57-$94 CONSTRUCTlON OBSERVER $93-$118 SURVEY One-Person Crew $145 Two-Person Crew $190 Three-Person Crew $205 OFFICE TECHNICIAN $52-$92 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. Reimbursable expenses include costs asso- ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. Multiple rates illustrate the varying levels of experience within each category. Rate Schedule is adjusted annually. v�rs��vc.corv� WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1— PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 — ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 — SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client's contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant's control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 — CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors' means, methods, or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5— OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Exhibit A— General Contract Provisions 11.01.16 Page 1 Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6— REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client's risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant's written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of inerchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 — PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. Exhibit A— General Contract Provisions 11.01.16 Page 2 ARTICLE 8— SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant's certification for payment shall constitute a representation to the Client, that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client's contractor. ARTICLE 9 — HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant's services to be provided under this Agreement. ARTICLE 10 — INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 — TERMINATION OR SUSPENSION If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days' written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data Exhibit A— General Contract Provisions 11.01.16 Page 3 files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 — INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant's negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client's negligence or willful misconduct. ARTICLE 13 — WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14 — WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors. ARTICLE 15 — ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 — CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 — CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. Exhibit A— General Contract Provisions 11.01.16 Page 4 ARTICLE 18 — AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client's Claims under the terms and conditions of the Consultant's professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant's provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant's liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19 — CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the state of Minnesota. ARTICLE 20 — LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit A— General Contract Provisions 11.01.16 Page 5 B RA�11�1 I�J�ERTE� The Science You Build On. November 19, 2019 Mr. Jim Thares City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Braun Intertec Corporation Phone: 320.253.9940 3900 Roosevelt Road, Suite 113 Fax: 320.253.3054 Saint Cloud, MN 56301 Web: braunintertec.com Proposal QTB111586 Proposal to Conduct a Phase I Environmental Site Assessment Residential Property 224 and 3004t" Street East and Palm Street ROW Monticello, MN Dear Mr. Thares: Braun Intertec Corporation is pleased to present this proposal to conduct a Phase I Environmental Site Assessment (ESA) of the referenced Site. It is our understanding that this Phase I ESA would be completed as a result of the purchase of one of the parcels of the Site. The objective of a Phase I ESA is to evaluate the Site for indications of recognized environmental conditions and to assist in satisfying All Appropriate Inquiries (AAI) criteria and requirements. The Phase I ESA will be conducted in general conformance with the scope and limitations of ASTM International Practice E 1527-13 (ASTM Practice E 1527-13) and 40 CFR Part 312. Scope of Services Site History Review The Phase I ESA will summarize reasonably ascertainable information pertaining to former and current land-use activities at the Ste. Our summary will include a review of aerial photographs, fire insurance atlases, city directories, property tax files, building records, topographic maps, and/or other historical documents to satisfy the historical-use requirements of the ASTM Practice E 1527-13 and 40 CFR Part 312. Regulatory Information Review We will request that a national regulatory information vendor, such as Environmental Data Resources, Inc., conduct a limited file evaluation of the site. If readily available and practically reviewable, the file evaluation will include, at a minimum, a review of the following databases within the corresponding approximate minimum search distance indicated in the ASTM Practice E 1527-13 and 40 CFR Part 312: ■ Federal National Priorities List (NPL) ■ Federal Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) ■ Federal Institutional and Engineering Controls ■ Federal Resource Conservation and Recovery Act (RCRA) Transport, Storage and Disposal (TSD) facilities ■ Federal RCRA TSD facilities that have received RCRA corrective action activities ■ Federal RCRA generators City of Monticello Proposal QTB111586 November 19, 2019 Page 2 ■ Federal Emergency Response Notification (ERNS) sites ■ State NPL and CERCLIS equivalents ■ State landfill and/or solid waste disposal sites ■ State Voluntary cleanup programs ■ State leaking underground and aboveground storage tank (LUST/LAST) sites ■ State registered underground and aboveground storage tank (UST/AST) sites ■ State Brownfield programs ■ State Institutional and Engineering Controls ■ State spills list We will review and summarize this information, and comment on known and potential environmental hazards that may impact the Site. The scope of work does not include a detailed review of file information of identified facilities listed on the regulatory databases. However, if in our opinion a file review is warranted to evaluate the existence of a recognized environmental condition, historical recognized environmental condition, controlled recognized environmental condition, or a de minimis condition, we will contact you to discuss expanding the assessment to include a file review and the associated costs. Site Reconnaissance and Interviews The Phase I ESA will include a reconnaissance of the Site. During the reconnaissance we will note, if observed, the type of vegetation, exposed soils, open excavations or depressions, and site topography. Visible indications of underground and aboveground storage tanks, dumping, spills of petroleum and chemicals, and other obvious potential sources of contamination will be noted. In addition, we will conduct interviews with site representatives and governmental officials regarding past and current land-use activities. Results and Reporting A draft Phase I ESA report will be sent to you for review and comment. The Phase I ESA report will remain in draft status until we are notified by you to proceed with issuance of the final Phase I ESA report. If we encounter indications of existing or potential sources of contamination during our assessment, we will notify you to discuss how the assessment may proceed. You may wish to discontinue the Phase I ESA or you may consider expanding the assessment to further evaluate the contamination sources that are identified. If contamination at the site is confirmed, the property owner may be required to notify proper governmental authorities. User-Provided Information As part of Phase I ESA, the "User" should provide available information to Braun Intertec as the Environmental Professional to help identify the possibility of recognized environmental conditions in connection with the Site. A"User" is the party seeking to use ASTM Practice E 1527-13 to complete an environmental site assessment and may include, without limitation, a potential purchaser, tenant or owner of the property, a lender, or a property manager. B�auN INTERTEC City of Monticello Proposal QTB111586 November 19, 2019 Page 3 The attached User questionnaire should be completed in its entirety by the User(sJ and returned with the signed authorization. If multiple Users are requesting reliance on the Phase I ESA, please provide us with a questionnaire completed by each of the appropriate entities. Assessment Limitations Upon completion of the Phase I ESA, Braun Intertec does not guarantee qualification for Landowner Liability Protections (LLP). Our proposed scope of work is consistent with "good commercial and customary practices" (as defined by ASTM Practice E 1527-13) conducted in an effort to evaluate recognized environmental conditions at a site in this area. The assessment will not include vapor encroachment screening as defined in ASTM Practice E2600-15, Standard Guide for Vapor Encroachment Screening on Property /nvolved in Real Estate Transactions. ASTM Practice E2600-15 is not a requirement or component of AAI, and its results are not determinative of whether hazardous substances from a release are or may be present at the property for the sake of AAI or ASTM E1527-13. However, vapors present or likely present from hazardous substances or petroleum products will be considered no differently than hazardous substances or petroleum products present or likely present as a result of a release to the environment. Therefore, while a vapor encroachment screening per the ASTM Practice E2600-15 standard will not be conducted as part of this proposal, the potential for impacts to the property from vapor migration that is a result of a release of hazardous substances and/or petroleum products to the environment will be considered when assessing for the presence of a recognized environmental condition as defined by ASTM E1527-13. COSt The lump-sum cost for the tasks described in this proposal is as follows. Service Description Lump Sum Cost Phase I Environmental Site Assessment $3,000 Schedule We anticipate the draft Phase I ESA report will be completed by 9:00 a.m. on Friday December 6, 2019, assuming written authorization is received by November 28, 2019 and the attached questionnaires are completed and received by December 2, 2019. The Phase I ESA report will remain in draft status until we are notified by you to proceed with issuance of the final Phase I ESA report. General Remarks Braun Intertec appreciates the opportunity to present this proposal to you. It is being sent in an electronic version only. A hard copy of the proposal will be supplied upon request. Plepse return p signed copy of the proposal, the completed User Questionnaire, and the completed Client Information Request Form, in their entirety. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. B�auN INTERTEC City of Monticello Proposal QTB111586 November 19, 2019 Page 4 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. We appreciate the opportunity to provide professional services for you on this project. If you have questions regarding the contents of this proposal, please call Aaron Volker at 320.253.9940. Sincerely, BRAUN INTERTEC CORPORATION ._--� �.r ; ....-�� , ,�..�- � ��. _ ,,. �:�-� _ wr:��` ts-..� Aaron P. Volker Staff Scientist �r. �4• -� h? � �� _ • •`�r.��..'�.��•.� Michael T. Beck, PE Principal Engineer Attachments: General Conditions — Phase I Assessments (1/1/18) ASTM Practice E 1527-13 User Questionnaire Client Information Request Form The proposal is accepted, and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date B�auN INTERTEC General Conditions Phase I Environmental Site Assessments and Related Services Section 1: Agreement 1.1 Our agreement with you consists ofthese General Conditions and the accompanying written proposal or authorization ("AgreemenY'). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "ou�" include officers, employees, and subcontractors. 13 In the event you use a purchase order or other documentation to authorize our scope of work ("Services"), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate usforfees earned and expenses incurred uptothe time oftermination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, ourfindings will be written and you may not rely on oral statements 2.2 In perForming our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perForm, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the perFormance or quality of Services. 23 We will reference ourfield observations and sampling to available reference points, but we will not survey, set, or checkthe accuracy ofthose points unless we accept that duty in writing. Locations offield observations orsampling described in our report orshown on oursketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative ofthings not sampled orseen and furtherthat site conditions may vary over distance or change overtime. 2.4 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.5 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. They may not reflect current market conditions. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide access to the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You agree to provide us with information in your possession or control relating to contamination at the work site. 33 Neitherthis Agreement northe providing of Services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning ofthe Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.4 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide onlyforthe related project andforthe purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. sRauN I NTERTEG 43 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store ortransfer the materials at your expense. Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our perFormance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 53 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless thethird party is creditworthy (in oursole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, yoursuccessful completion ofany project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions orthe scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or ifthe standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. GGESA Page 1 of 2 5.8 If you fail to pay us in accordance with this Agreement, we may considerthe default a total breach of this Agreement and, at our option, terminate our duties without liability to you orto others, and you will compensate us forfees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement neither party hereto shall be responsible or held liable to the other for punitive, indirect incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output or business interruption. 63 You and we agree that any action in relation to an alleged breach of our standard of care orthis Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one yeartime period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days priorto the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liabilityforsuch allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that within 10 days of the date of this Agreement you provide payment in an amount that will increase our fees by 10% but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract tort statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state orfederal courts for that state. Each of us waives trial byjury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists underanyworkercompensation law. 73 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 83 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claimsto anythird person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate usforfees earned for perFormance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on perFormance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. GC-ESA Revised 1/1/2018 Page 2 of 2 B RA�11�1 I�J�ERTE� The Science You Build On. ASTM Practice E 1527-13 User Questionnaire Braun Intertec Corporation Phone: 320.253.9940 3900 Roosevelt Road, Suite 113 Fax: 320.253.3054 Saint Cloud, MN 56301 Web: braunintertec.com Site: Residential Property 224 and 3004t" Street East and Palm Street ROW Monticello, MN Name: Company: Date: In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (the "Brownfields Amendment"), the User must conduct the following inquiries. The User should provide the following information to the environmental professional. Failure to conduct these inquiries could result in a determination that "all appropriate inquiries" is not complete. (1) Environmental cleanup liens that are filed or recorded against the property. The types of title reports that may disclose environmental liens include Preliminary Title Reports, Title Commitments, Condition of Title, and Title Abstracts. Chain-of-title reports will not normally disclose environmental liens. Did a search of recorded land title records (or judicial records where appropriate) identify any environmental cleanup liens filed or recorded against the property under federal, tribal, state or local law? (2) Activity and use limitations (AULs) that are in place on the property or that have been filed or recorded against the property. The types of title reports that may disclose AULs include Preliminary Title Reports, Title Commitments, Condition of Title, and Title Abstracts. Chain-of-title reports will not normally disclose AULs. Did a search of recorded land title records (or judicial records where appropriate) identify any AULs, such as engineering controls, land use restrictions, or institutional controls that are in place at the property and/or have been filed or recorded against the property under federal, tribal, state or local law? (3) Specialized knowledge or experience of the person seeking to qualify for the LLP. Do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former (4) occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? Relationship of the purchase price to the fair market value of the property if it were not contaminated. Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? (5) Commonly known or reasonably ascertainable information about the property. Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, (a) Do you know the past uses of the property? If so, please explain. (b) Do you know of specific chemicals that are present or once were present at the property? If so, please explain. (c) Do you know of spills or other chemical releases that have taken place at the property? If so, please explain. (d) Do you know of any environmental cleanups that have taken place at the property? If so, please explain. (6) The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? If so, please explain. B�auN INTERTEC B�auN INTERTEC The Science You Build On. Project/Site Name: Client Information Request Form for Phase I Environmental Site Assessments So that we may serve you better, please answer the following questions concerning the project Site. If a question does not apply to the Site, write "NA." If you do not know the answer, write "Unknown." Please return the completed form along with one copy of the signed authorization letter. Client Objectives A. What is your interest in the Site? Check all that apply. ❑ Buying property ❑ Refinancing ❑ Selling property ❑ Development ❑ Redevelopment ❑ Other: B. In addition to the User, are there any additional entities you would like included on the report for reliance purposes? C. A final PDF of the report will be provided. If hard copies are needed, how many? D. What is the desired completion date for this project? Date: E. Do you wish to receive a verbal report before the written report is received? ❑ Yes ❑ No F. Is confidentiality requested? ❑ Yes ❑ No If so, to whom is it limited? . Revised 05/29/2018 Page 1 of 4 Client Information Request Form for Phase I Environmental Site Assessments Site-Specific Information A. Where is the Site located? Address: Legal Description: B. Who is the current property owner? Name: Phone: C. Who will provide access to the property and/or who is the Site contact? Name: Phone: D. Has any previous environmental work been performed on the Site? Check all that apply. ❑ No previous environmental work has been performed ❑ Unknown ❑ Geotechnical/Soil borings ❑ Phase I Environmental Site Assessment ❑ Phase II Environmental Site Assessment ❑ Soil Vapor/Sub-slab Soil Vapor Investigation ❑ Radon Investigation ❑ Asbestos/Lead-based Paint Inspections ❑ Hazardous Materials Testing ❑ Other: If previous environmental work has been performed... When was it performed? By whom? Name: Phone: What were the results? Are copies of the report(s) available? ❑ Yes ❑ No ❑ Unknown E. Is a current Site plan available? If yes, please provide. ❑ Yes ❑ No ❑ Unknown F. How large is the property (total acreage)? acres G. How is the property currently used? Check all that apply. ❑ Undeveloped ❑ Light industrial ❑ Agricultural ❑ Retail ❑ Residential ❑ Office Building ❑ Parking Lot ❑ Warehouse ❑ Commercial ❑ Other: Revised 05/29/2018 Page 2 of 4 Client Information Request Form for Phase I Environmental Site Assessments H. What is the proposed use of the property? I. Are there existing buildings on the property? ❑ Yes ❑ No ❑ Unknown If yes: How many buildings? What year was each building originally built? What year(s) was/were any subsequent addition(s) completed for each building? What is the total square footage of each building and/or additions? Are you aware of any asbestos-containing building materials in any building? Give a brief description and use of each building. J. What was the property used for in the past? K. Are there currently or previously any aboveground or underground storage tanks located on the property? Aboveground storage tanks: ❑ Yes ❑ No ❑ Unknown Underground storage tanks: ❑ Yes ❑ No ❑ Unknown If yes: Where are they located? What are the sizes and contents of the tanks (e.g., 500-gallon diesel)? When were the tanks installed? Are there any maintenance records available for the tanks? Are the tanks currently being used? ❑ Yes ❑ No ❑ Unknown If no: When were the tank(s) closed? Was the MPCA notified? L. Have hazardous chemicals or petroleum products ever been stored at the Site? Hazardous chemicals: ❑ Yes ❑ No ❑ Unknown Petroleum products: ❑ Yes ❑ No ❑ Unknown If yes, which ones? M. Has the property ever been used or is the property currently used for dumping or landfilling? Revised 05/29/2018 Page 3 of 4 Client Information Request Form for Phase I Environmental Site Assessments N. Utilities Are there any wells or septic systems formerly or currently located at the Site? Wells: ❑ Yes ❑ No ❑ Unknown Septic systems: ❑ Yes ❑ No ❑ Unknown Is the Site connected to city sewer and water? Sewer: ❑ Yes ❑ No ❑ Unknown Water: ❑ Yes ❑ No ❑ Unknown What types of utilities service the Site? Check all that apply. ❑ Unknown ❑ Gas ❑ Electric ❑ Propane ❑ Other: O. Are there any environmental concerns regarding the property or adjoining properties? P. How are the adjacent properties used? Revised 05/29/2018 Page 4 of 4 �� SEH Building a Better World for All of Us'" November 19, 2019 Jim Thares City of Monticello Economic Development Manager 505 Walnut Street Monticello, Minnesota 55362 (submitted via e-mail) Dear Mr. Thares: RE: Proposal: Phase 1 Environmental Site Assessment — 4th Street East, Monticello, MN This letter proposal is provided to describe the work tasks, cost estimate, and proposed schedule to complete a Phase I Environmental Site Assessment (ESA), for 1.6252 acres located on 4th Street East in Monticello, Wright County, Minnesota. The property includes two parcels (224 and 300 4th Street East) and the Palm Street Right-of-Way which lies between the two parcels. The property includes one house and associated detached garage. Proposed Scope of Services SEH will follow the Scope of Services. Phase 1 Environmental Site Assessment SEH will perform the Phase I ESA tasks in accordance with ASTM Standard Method E 1527-13 Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process. The purpose of the Phase I ESA is to identify, to the extent feasible pursuant to the processes described in E 1527-13 and in a manner consistent with good commercial or customary practice, Recognized Environmental Conditions (RECs), Controlled RECs (CRECs) and Historical RECs (HRECs) in connection with the subject property. By ASTM definition, REC means "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minimis conditions are not recognized environmental conditions." The term HREC is defined by ASTM to mean "a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls)." The term CREC is defined by ASTM to mean "a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required Short Elliott Hendrickson Inc. � 3535 Vadnais Center Drive � Saint Paul, MN 55110-5196 SEH is 100% employee-owned � sehinc.com � 651.490.2000 � 800.325.2055 � 888.908.8166 fax Jim Thares November 19„ 2019 Page 2 controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls)." Performance of this ESA is intended to reduce but not eliminate uncertainty regarding the existence of RECs in connection with the subject property. Not every property will warrant the same level of assessment. The findings, opinions, and conclusions of the ESA are not scientific certainties, but probabilities based on professional judgment regarding the significance and accuracy of the collected data. When reasonably ascertainable, data will be obtained and reviewed. However, the accuracy of the collected data is not the responsibility of SEH. Unless specifically requested and additional budget is authorized, any additional environmental sampling and analyses including assessment of wetlands, lead paint, lead in drinking water, and structural/mechanical building conditions are not included in the scope. Asbestos, radon and hazardous material surveys are also not included in the Phase I ESA scope of work. The following series of steps and tasks identifies the activities that will be conducted by SEH. 1) Site Reconnaissance. The objective of site reconnaissance is to obtain potential visual and/or olfactory evidence of environmental degradation related to the property and adjoining properties. SEH will do a walk- through of the subject property, noting potential environmental concerns on the subject property and observable environmental concerns on adjoining properties that relate to improper waste storage and disposal, and hazardous materials. 2) Records Review. Publicly available federal, tribal, state, county and city records will be reviewed as appropriate to determine if the property has had a history of spills, leaks, hazardous waste storage, regulatory compliance and improper waste disposal practices. 3) Map Review. As available and appropriate, USGS 7.5 Minute Topographic Map(s), as-built construction plans, historical and recent aerial photographs, fire insurance maps, and assessor's maps will be reviewed. A review of the physiography of the area will be completed as necessary. 4) Historical Property Use Research. Reasonably ascertainable standard historical sources will be reviewed as necessary to identify prior uses of the property from the time the property was first developed or 1940, whichever is earlier. Significant data gaps of greater than 5 years in property historical information will be identified. 5) Interviews. As appropriate, past and present owners, operators, employees and occupants of the property, and government officials will be interviewed regarding the property. 6) Evaluation and Report Preparation. A report will be completed that summarizes the compiled information, and offers findings, opinions and conclusions based on the available data. Users' Responsibilities In order to qualify for one of the Landowner Liability Protections offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001, The City of Monticellog as the User of the report must complete the attached User Questionnaire and provide the responses to SEH at least 5 working days prior to the due date of the report. Failure to provide this information could result in a determination that the "all appropriate inquiry" provision of ASTM E 1527-13 is not complete. In addition, you agree to provide the following information pertinent to the project: Jim Thares November 19„ 2019 Page 3 • Reason for the ESA. • Type of property and type of property transaction, for example, sale, purchase, exchange, etc. • The complete and correct address for the subject property including maps or other documentation showing property location. • Identification and contact information for the site contact. • Identification of all parties who will rely on the ESA report. • Any additional scope services required by any Users of the ESA report that are beyond the requirements of ASTM E 1527-13. • Any special terms and conditions. • Any other knowledge or experience with the subject property that may be pertinent to the ESA, including copies of any available prior environmental site assessment reports, documents, correspondence, etc. concerning the subject property and its environmental condition. Assumptions It is assumed that the City of Monticello will provide or coordinate SEH access onto the property and into any structures on the property. One Environmental Lien Search will be completed by SEH as part of this project. Cost and Schedule SEH will complete the scope of work outlined above for a lump sum of $3,400. SEH will complete the Phase I ESA report within 10 business days of a signed notice to proceed. Sincerely, SHORT ELLIOTT HENDRICKSON INC. � � � Allen H. Sunderman, Project Manager Jim Thares November 19„ 2019 Page 4 User Questionnaire In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the "Brownfields Amendments"), the user must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that "all appropriate inquiry' is not complete. (1.) Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25). Are you aware of any environmental cleanup liens against the property that are filled or recorded under federal, tribal, state, or local law? (2.) Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry (40 CFR 312.26). Are you aware of any AULs such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? (3.) Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR 312.28). As the user of this ESA do you have any specialized knowledge of experience related to the property or nearby properties? For example, are involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? (4.) Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 CFR 312.29). Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? (5.) Commonly known or reasonably ascertainable information about the property (40CFR 312.30). Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of re/eases or threatened re/eases? For example, as user, (a) Do you know of any past uses of the propert�/? (b) Do you know of specific chemicals that are present or once were present at the property? (c) Do you know of any spills or chemical releases that have taken place at the property? Jim Thares November 19„ 2019 Page 5 (d) Do you know of any environmental cleanups that have taken place at the property? (6.) The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31). As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indications that point to the presence or likely presence of contamination at this property? Please answer these additional questions if applicable. (7.) Reason Phase I is required: (8.) Type of property and type of property transaction: (9.) Complete and correct address for the property. (10.) Identify all parties, or "users," who will rely on the Phase I ESA Report: (11.) Name and contact information for the site contact: (12.) Name and contact information for current owner/occupant/manager of the property. (13.) Name and contact information for past owners/occupants/managers of the property: Name (printed) Signature Date Affiliation Position Request for Proposal (RFP) RFP — Phase I Environmental Site Assessment November 21, 2019 Request for Proposals are sought for Phase I Environmental Site Assessment for a 1.6252-acre area in an older core residential neighborhood in the City of Monticello. The area consists of the following individual parcels: a vacant lot located at 224 — 4th Street East (approximately 22,100 sq. ft. +/-), a public street right of way (ROW) area known as Palm Street (approximately 24,600 sq. ft. +/-) and a residential parcel located at 300 — 4th Street East (approximately 22,190 sq. ft. +/-). The City of Monticello Economic Development Authority (EDA) acquired the lot located at 224 — 4th Street East in early 2018 and has entered into a contract to acquire the property located at 300- 4th Street East. The Palm Street ROW is deemed a potential developable site due to the fact that the ROW dead ends at the railroad tracks and no rail crossing is expected to be granted to the City extending Palm Street over the rail tracks further to the south. The EDA envisions the entire rectangular land tract of 1.6252 acres +/- as a potential future residential redevelopment site for multi-family units. It is a goal of the City and the EDA to provide opportunities for a variety of housing styles and options in the City of Monticello for its residents. Quote providers should follow the Standard Phase 1 Environmental Review protocol. With that in mind, it should be noted that the house and garage located at 300 — 4th Street East are not specifically requested to be tested for hazardous materials at this point time as that review process will occur in Spring 2020 when the EDA will seek quotes to demolish the structures located at the property. It is understood however that access to the house and garage is a desirable aspect of properly completing the Phase I ESA and with that in mind the current property owner has agreed to provide entrance into the home and the garage as needed during the week of December 2nd, 2019. The attached aerial photos and property information sheets are included as Exhibits to the RFP. RFP responses are requested by 4:00 p.m. on Thursday November 21, 2019. Consideration of the proposals-quotes will be presented for authorization at the November 27, 2019 EDA meeting. The ESA Report will need to be completed by December 20, 2019. The EDA is also requesting an early indicator status summary of the entire site with any red flag warnings as to findings by 9:00 a.m. December 6, 2019. Quote providers should be aware that the EDA is seeking submittal of both a physical report and digital files via email. Any questions about the RFP or the Exhibits should be directed to Jim Thares, Economic Development Manager, phone 762-271-3254 or by email at jim.thares@ci.moniticello.mn.us. EDA: 11/21/19 4b. Consideration to a request to contribute $600 from the 2020 EDA Marketin� Bud�et to bring John Davis, communitv development leader and visionarv, to a Downtown plan review session in earlv 2020 (JT) A. REFERENCE AND BACKGROUND: The EDA is being asked to provide a contribution of $600 from its 2020 EDA Marketing Budget in support of bringing in John Davis to be the featured speaker and leader of an event in January or February 2020. Mr. Davis would be the keynote presenter for a planned review with a goal of reaffirming the Downtown Small Area Plan session related to Monticello's downtown core area. Staff would like to bring together the Council, EDA, Planning and Parks Commission to review what has been accomplished, discuss current activities, and engage the group in defining new priorities or strategies in concert with the Downtown Plan. To achieve the Downtown Small Area Plan, a frequent review and renewal of ideas is needed. Mr. Davis is known as a passionate leader for rural communities and is credited with playing significant roles in the success of the "Great American Think Offl', New York Mills, MN and also in the formation of the Lanesboro Arts Campus, Lanesboro, MN. Both of these initiatives-activities have become widely recognized in the region as offering significant benefits toward revitalization of those communities. Those same basic ideas and organizing principals may also apply to efforts related to downtown Monticello. Links providing information to the New York Mills and Lanesboro efforts are included below. https://lanesboroarts.or�/ https://www.kulcher.or�/ Al. STAFF IMPACT: The staff impact involved in this request for funding and the overall effort to organize an event supporting greater visioning regarding downtown Monticello is minimal. A2. BUDGET IMPACT: The budget impact to the 2020 EDA Marketing Budget would the amount of the contribution request of $600. The funds would be used to pay for the featured speaker fees and travel costs. The 2020 EDA Marketing Budget has some flexible line items that are budgeted for unexpected and worthy activities such as this proposal. B. ALTERNATIVE ACTIONS: Motion to approve a$600 contribution in support of a 2020 Comprehensive Plan Downtown Booster Event featuring John Davis as the primary speaker from the EDA 2020 Marketing Budget. 2. Motion to deny approval of $600 for the Downtown Booster Event. EDA: 11/21/19 Motion to table consideration of the $600 contribution to the Downtown Booster Event and direct staff accordingly. C. STAFF RECOMMENDATION: Staff recommends Alternative 1. The 2020 EDA Marketing Budget has a line item reserving $1,800 for events like the proposed downtown presentation. D. SUPPORTING DATA: a. John Davis Bio b. 2020 EDA Marketing Budget 2 11/21/2019 John Davis Named 2018-2020 RUPRI Senior Policy Fellow— RUPRI.org �;,� ,`, I � �:i; r:� �� =�i �.,��c J lovda City, IA TM RURAL POLICY RESEARCH INSTITUTE HOME ABOUT RUPRI AREAS OF WORK LIBRARY NEWS EVENTS CONTACT US ❑ ! C1 C�i i � �..,i u'�� f � { �; c� �"`�"{ C.' � � i� 1�.. u ` � � �'. �� .� �'' 6 � [ � E: i'11(:i f" i.?€:i � I �. )% �. �: E LUV'v` NEWS, POLICY, RUPRI LEADERSHIP TEAM, WEALTH CREATION John Davis Named 2018-2020 RUPRI Senior Policy Fellow i' Erin Taber �; I October 12, Z018 The Rura� PoLicy Research Institute (RUPRI) is honored to announce thatJohn Davis, who recently retired as Executive Director of Lanesboro Arts in Minnesota, has been named a 2018-2020 RUPRI Senior PoLicy Fe�low. "We are thrilled and honored thatJohn will serve as a RUPRI Senior Policy Fellow, contributing to our emerging Rural Cultural Wealth initiatives, including the RUPRI Rural Cultural Wealth Lab and Rural Generation, a new national collaboration we are pleased to be participating in designing and bui�ding," said Dr. Keith MueLLer, RUPRI Director. AREAS OF WORK Analytic & Academic Programs Health Policy International National Policy Programs Next Generation Poverty & Human Services Policy Rural Cultural Wealth Lab State Policy https://wwvd.rupri.org/john-davis-named-2018-2020-rupri-senior-policy-fellow/ 1 /3 11/21/2019 John Davis Named 2018-2020 RUPRI Senior Policy Fellow— RUPRI.org Davis was also the recipient of the 2011 Visionary Leadership Award from the Minnesota Council of Non-Profits for his community building work in Lanesboro. His work with the Lanesboro Arts Campus initiative contributed to Lanesboro being named one of the "Top Twe�ve Small Town Artplaces in America" in 2013, as well as Lanesboro Arts being awarded a Bush Prize for Community Innovation in 2014. Davis has more than 30 years experience with small town and rural creative social change, and is national speaker on rural arts and cultural issues. His work has been featured on National Public Radio and broadcast on C-Span; it has also been featured in USA Today, The New York Times, and the NBC Today Show. Davis was also recently named a 2018 Bush Foundation Fellow, one of 24 Fe�lows selected from over 750 applicants. This fellowship enables these leaders to pursue learning experiences that deveLop their leadership skills and attitudes. "The 2018 Bush Fellows are exceptional leaders who have made the most of the opportunities in their lives," said Bush Foundation Leadership Programs Director Anita Patel. "We believe the well-being of our region is directly impacted by investing in individuals who will shape the future. We are betting on the potential of these 24 Fellows to make a significant impact in their communities:' Fellows can use the funding to pursue advanced education, networking opportunities, and leadership resources, workshops and trainings. "It is very humbling and an incredible honor to be selected for both the Bush FelLowship and a RUPRI Senior Policy Fellowship. I am excited for the opportunity to continue my work on a national scale;' said John Davis, whose passion is rural and imagines thriving rural communities that use the arts and creativity to solve local challenges, drive sustainable economic development and address obstacles to change. <— LIVE Stream 9:00 Central October 9: RUPRI Scholars present Lecture "Details of the Rural Health Framework-A Comprehensive Measure of Economic Well-Being" RUPRI Research on Rural Pharmacy Closures featured in US New & World Report � RUPRI LINKS PANELS & INITIATIVES Home Analytic & Academic Programs About RUPRI Health Policy Areas of Work International https://www.rupri.org/john-davis-named-2018-2026-rupri-senior-policy-fellow/ 2/3 .-� �, � 0 � � � � � � O � Q .� H W � � � m � z J a V Z r W Y Q G Q W N N J Q � N � 0 Z � o 3 O O � � a � 0 0 O �fI N N c-I c-I � � �� °' � Q L � � N ,+° o � U � � � � � � N � C L 'tj (6 � C +, U � VI L � � � N � � � 3 � Q" f6 v U O � N � � `� N L � � -� O Q c6 � � 7 � N fL6 � V L � N � 0 � Q � �Q � �"� Q N � �` � � L /' > � � � � ai +� m +, !6 � U V ° ? 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Economic Development Report — General Fund Cash Flow and TIF District #1-41 Financial Model (JT) A. General Fund Budget and Project Funding Update from 11-13-2019 Workshop Meeting — As requested at the 11-13-19 Workshop, staff are providing updated spreadsheets to EDA members regarding the General Fund along with the UMC TIF District #1-41 financial illustrations related to the land purchase funding and the increment recapture model. Staff will review the attached items during the meeting and answer questions that the EDA members may have. Please refer to Exhibits A and B. A summary of the revisions shown in Exhibits A and B is as follows: Exhibit A. - The red shaded area is a warning signal which shows any month that the General Fund is falling below a balance of $100,000. Overall, that appears to an issue mainly toward the end of 2021. There are a few workaround options for this situation that were discussed in the 11-13-19 workshop. As mid-year 2020 approaches or at the very latest in late 2020, the EDA may want to revisit this situation again to review various options to address any low General Fund balance levels and offer direction and guidance to keep the General Fund at a plus $100,000 level. Also, keep in mind the General Fund balance shown on 12-31-2021 is not sufficient to carry the EDA operating costs and efforts for the full six month time period, thru to 6- 30-2022, either (the point in time when the mid-year tax settlement arrives), so at a minimum some of the workaround options reviewed on 11-13-2019 will need to be discussed; with action directed at the appropriate time. What may change this cash flow in a positive and less concerning direction are additional land sales in either OCBP (to Project Shepherd or some other industrial prospects) or possibly sales of other EDA owned parcels in the community, either residential or commercial-industrial. There is the potential for additional land sales to occur other than what is identified in the spreadsheet. To be more conservative though, the land sales shown in the cash flow were limited to the prospects where there is a mid to high confidence level of a development project moving forward. Any such additional land sale proceeds occurring in the late 2020 to late 2021 time period would lift the General Fund budget to much healthier levels in late 2021 and on into 2022. The main takeaway from the cash flow exercise and review is that the revised, presented cash flow scenario basically allows the EDA to accomplish much of its downtown (Block 52) goals while at the same time accommodating a major unanticipated financial assistance offer to UMC's sizeable expansion project which is proposed as a significant upfront land write down. EDA Agenda: 11/27/19 Exhibit B. - Specifically, for the UMC expansion project and the illustrations detailing the TIF #1-41 financial model, the level of funding needed from the General Fund for the $1,031,000 land purchase has now been determined to be $300,000; through an interfund loan. The bulk of the cash source for the 7.39-acre land acquisition, $731,000, will be TIF #1-6; again, through an interfund loan. Staff is recommending that the TIF #-1-41 Plan be structured to allow the EDA to have maximum short and mid-term flexibility by making choices at the appropriate time in the future, in allocating tax increments generated from the TIF District #1-41 into either the General Fund or TIF #1-6. Per Exhibit B, the increments will start to flow in 2022 in the amount of approximately $100,000 +/- per year for up to 9 years. This is an estimated amount based on assumptions for the UMC expansion, the actual amount will vary. Conceivable, the EDA could determine each year in this 9-year span where it would like the increment to be allocated, either General Fund or TIF #1-6. Finally, it should be noted that staff arrived at what it believes is the most optimal funding structure for the UMC land purchase needs (combination of $300,000 General Fund and $731,000 TIF #1-6) after multiple scenario runs and much discussion. 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