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Home My WebLink About7.b. Review of Agreement with Peer Inc. for Future Services ..w � . � . . � . . e � CITY OF ROSEMOUNT EXECUTIVE SUIVIIVIARY FOR ACTION PORT AUTHORITY COrfIlvIISSION MEETTNG DATE: JANUARY 4, 1994 AGENDA ITEM: Agreement with Peer Environmental AGENDA SECTION: New Business PREPARED BY: John Miller, � AGENDA NO. Item 7.B. Econoniic Development Coordinator ATTACI��NTS: Draft Agreement with Peer Environmental AP VE BY: �� 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 Resaurces Inc. One af the several tests authorized by the Cornmissioners was an asbestos search with a cost of about �500. The test results submitted by Peer stated there was no evidenee 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, Da��id Vieau, will provide the Port Authority � � � «�i�i� S�.00�O oi en��ironii�ei�tal sen-ices. Tliis agreement, if approved by the Port Authority. will ilegate the neeci for any further leQal action or litiQation. � � � � Earlier David AllQyer and I neQotiated a �6Q0 reduction in billed costs �from� the demolition contractor for his failure in identifying the asbestos containin� materiaL � � � � � � � � REC�n31��fE�r1�EB t�.CTI�}:�: ?�FOTIOh� to approve tl�e settiement aareement ��ith Peer Environmental � I and Et1Qiileerit�� Ir�c. givir�� tl�e port Authority �8000 in future Environmentat Services. � PORT AL'THORITY ACTION: FROM LINDQUIST & VENNUMN ITUE) 12. 07' 93 17:34/ST. 16;35/N0. 35604$3i40 P 20/23 5 ��r�,':�a' �� The parties to this agreement a�e the City of Ra�emount Port Authozity Ethe "Pazt Authority") , a bodX politic and cozporate duly existing und�r the ].aws o� Minnesota and Peer Envi�onmental & Engineeri.ng Resources, Inc. ("Pe�z"} , a Min.nesota corpozation in th� business of pzoviding environmenta7. assessment and consulting services. RECITALS 1. AHEREAS, in 1992, Peez provided certazn er►vironrnet�tal assessment and consu7.ting sezvices to the Port Authar�.ty, cu�minati.ng in a i'Phase I Environmental Assessment" issued to th� Port �uthority on r�r about september 2 , 19�2; 2 . The Port Authority retazn�d Peer to provi.dc� the services described in Paragraph 1 above in ordex tc locate and id�ntify hazardous substanc�s, on certain real prapezty located in �os�mount and l�gally described in Exha.bit A to this Agz�ement, posing a risk of detr�.mental �mpacts to sc►il, ground water, or human h�a2th; and 3 . The pazties wzsh to reso�vc differ�nces which have arzsen concerning the above-de�cz-ibed servic�s rendez-ecl by Peer. 1�GF�EEMENT NOW THEREFoRE, in consideration of their mutual pzomises, the parti�s hEr�by �ti.pulate and agree as follows: , , � . Peex agrees to provid�? e�tvironmental ass�ssment and consulting services af the typ� whi�h i.t is licensed or otk�,�rwise qua��.�ied to provide to the Port Authoz�.ty, as ��iea upon from time to time, without charge. This Agr��ment i,s far sez�vic�s val.ued at $S, Ooo.00 according to Peex's biZl�ng rates or SChedU,].0 in effect at tk�e time the services are rend�r�d. Upc�n reaso�able request by, the Port Authozity, Peer wiil provide docum�ntation to confirm the value af services p�ovided under this �greement. 5. In considezatior� fcr Peer's provision of services as set �arth in parag=aph 4 above, the Poxt Authbrity agre�s to waa,ve any and al]. claims, exce�,t fdr and specificall.y es:clud�.ng indemnif ication ar contributi.on claims ar.ising �zom tha.rd pazty actions brought against the Port Authozity ar its successc�rs, z�lated to �nvironmental hazards af the type Pac?r was retain�.d to discover in connection with the Phase 1 Environm�ntal Assessment des�ribed zn pazagraph 1 above, FROM LINDQUIST � VENNUMN (TUE) 12. 07' 93 17:34/ST. 16:35/N0. 3560483740 P 21/23 � Dated: PEER ENVIRONMENTI�L & ENGINEERING RESOURCES, INC. By Its Pzesid�nt Dated: CZTY oF ROSEMOUN�' PORT • AUTHORZTY By Tts _ . . • . The parties to this agreement are the City of Rosemount Port Authority ("the Port Authority"), a body palitic and corporate duly existing under the laws of Minnesota and Peer Environmental & Engineering Resources, Inc. ("Peer"), a Minnesota corporation in the business of providing environmental assessment and consulting services. RECITALS 1. VV��REAS, in 1992, Peer provided certain environmental assessment and consulting services ta the Port Authority, culminating in a "Phase I Environmental Assessment" issued to the Port Authority on or about September 2, 1992; ''. The Port Authority requested the services referenced in Paragraph 1 above in order to locate and identify hazardous substances posing a risk of detrimental impacts to soil, ground water or human health as described in Peer's proposal dated July 24, 1992, on certain real property located in Rosemount, legally described in Exhibit A to this Ag:eem�nt; a.�d 3. The parties a�ish to resolve differences wnich have arisen concerning the above-described services rendered by Peer. AGREEMENT NOW THEREFORE, in consideration of their mutual promises, the parties hereby stipulate and agree as follows: - - 1. Peer agrees to provide environmental assessment and consultin� services of the type which it is licensed or otherwise qualified to provide to the Port quthorit}�, as called upon from time to time, without charbe. This a�reement is limited to services valued at $8,000.00 accordina to Peer's billing rates or schedule in effect at the time the services are rendered. _. In consider�tion for Peer's provision of services valued at $8,000.00, as set forth above, the Part Authoriri� agrees to �1�ive any and all claims, except for and specificalIy excluding indemnification or contribution ciaims arisina from third party actions brought aaainst the Port Authoriry or its successors, related to environmental hazards u�hich mav ha��e been present oP the pronern� described in E�hihit A at the tim� Peer perrormed certain en��ironmental assessment and consuitin� services with respect to the propert}. 0 f / llatec: f�:�� ,f �-% PFER ENVIRONMENTAL & ENGINEERING RESOURCES, INC. � � �� By�� .c.�.-7/P,�� --�o--� Its President ��t�`�� CITY�OF RQSEMOUNT PORT AUTHORITY � By: Its Chair