HomeMy WebLinkAbout4.c. Consideration of Agreement with Peer Environmental re: Services CITY OF ROSEMOUNT
EXECUTIVE SUNlMARY FOR ACTION
PORT AUTHORITY MEETING DATE: FEBRUAR.Y Z5, 1994
AGENDA ITEM: CONSIDER.ATION OF AGREEMENT WITH AGENDA SECTION:
PEER ENVIRONMENTAL RE: SERVICES OLD BUSINESS
PREPARED BY: JOHN MILLER, AGENDA NO.
ECONOMIC DEVELOPMENT COORDINATOR 4 . C.
ATTACHMENTS: DRAFT AGREEMENT APP ED B : �
Prior to demolition of the buildings at the present Community Center site,
the Port Authority paid for environmental testing of both the land and
structures. The business doing the environmental work was Peer
Environmental and Engineering Resources Inc.
One of the several tests authorized by the commissioners was an asbestos
search with a cost of about $500 . The test results submitted by Peer
stated there was no evidence of asbestos at the project site and demolition
bids were let on this finding. Unfortunately about 2000 square feet of
asbestos board was discovered by the demolition contractor after initiation
of the work. Additional expense was incurred because of contamination of
other demolition material by the broken asbestos .
The attached agreement signed by Peer' s president, David Vieau, will
provide the port authority with $8, 000 of environmental services. This
agreement, if approved by the port authority, will negate the need for any
further legal action or litigation.
Earlier David Allgeyer and I negotiated a $6, 000 reduction in billed costs
from the demolition contractor for his failure in identifying the asbestos
containing material .
RECONII�iENDED ACTION: Motion to approve the settlement agreement with
Peer Environmental and Engineering Inc. giving the port authority
$8000 in future environmental services.
PORT AUTHORITY ACTION:
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. , B
The parties to this agreement are the City of Rosemount Port Authoriry (°the Port Authority"), a body politic and
corporate duly existin� under the laws of Minnesota and Peer Environmental & Engineering Resources, Inc. ("Peer")
a Minnesota corporation in the business of providing environmental assessment and consuiting services. �
RECITALS
1. �i'HEREAS, in 1992, Peer provided certain environrnental assessment and consulting ser��ices to the Port
.4uthority, culminatinQ in a "Phase I Environmental Assessment" issued to the Port Authorit}� on or abou[
September 2, 1992• y
,
"_'. 'rhe Port Authorit}• requested the services referenced in Para�raph 1 above in order to locate znd identiiy
hazardous substances pasinQ a risk of detrimental impacu to soil, ground u�ater or human health as described
in Peer's proposal dated 3uly 24, 1992, on certain real property located in Rosemount, le�ally described in
E�;t:ibi: A to t�:is Ag.:�m�r.*• W��
.,
�- The parties wish to resol��e differences ��nich have arisen concernin� the abo��e-described sen�ices rendered
b}� Peer.
AGREE�IE\'T
=���'�' ��REFORE, in consideration of their mutual promises, the parties hereb�� stipulate and a�ree as
follo��s:
1. Peer agrees to provide en��ironmental assessment anc� consultin� services of the ryp� u�hich it is licensed or
other�i�ise qualified to pro��ide te the Por. :�u:horin•, as c�lled upon rrom time to :ime, ��ithout cha:Qe. Tnis
a�reement is limited to sen�ices ��alued at S8,000.00 accordinQ to Pee;'s billin� rates or scheeule in effec� at
t,e tim� the sen-ices 2;e rend�re�.
''. In conside:a:ion for Peer's pr���•ision o;sen�ices ��alued at S�.000.00. as set forth abot�e, the Por Autnorin•
aQrees te ��ai��e am• and ali ciaims. except for and specincali�� excludins indemnification or contritiution
ciaims arisinQ from tnird pam• actions orouant against tne Port Authority or its successors, related to
em�ironmental naz2rds ���nici: ma�• ha��� ;�eer nresen* er. th.. n.op_�*�• describ..d in Exhibi. A 2: :,._ ,;,,,_
P r o n , ��tc� ,-.�c, p�o�
r�":��rn�� ce;tain en��iro;�m�:,;a: assessment an;� consultina ser�•ices �•itn respect to the propert�•.
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