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HomeMy WebLinkAbout4.d. Services Agreement with Peer Environmental & Engineering Res. cz� aF ROSEMOUNT EXECIITIVE 5IIN�iARY FOR ACTION PORT AUTHORITY MEETING DATE: MARCH 15, 1994 AGENDA ITEM: SERVICES AGREENlENT WITH PEER AGENDA SECTION: ENVIRONMENTAL & ENGINEERING RES. OLD BUSINESS PREPARED BY: JOHN MIT�LER, AGENDA N4. ECONOMIC DEVELOPNlENT COORDINATOR 4 . D. ATTACffiKENTS: AGREEMENT WITH PEER APP BY: ENVIRONMENTAL � At the February 15 port authority meeting an agreement was presented to the commissioners that would have Peer Environmental and Engineering Resources, Inc. provide $8, 000 in services to the Rosemount Port Authority. The services were in consideration of Peer' s error in failing to find asbestos containing material at the Rick Battaglia property recently purchased and demolished by the board. The services would be in the area of environmental investigation, e.g. phase 1 environmental audits. The port authority members asked legal counsel to rewrite the document and settlement tenns. Mr. Miles has done that work and will report his findings to you verbally. RECOb�lENDED ACTION: Motion to approve the agreernent with Peer Environmental and Engineering Services, Inc. for future environmental studies not to exeeed $8, 000 in value. PORT AIITFiORITY ACTION: The parties to this agreement are ihe City of Rosemount Port Authoriry ("the Port Authori corporate duly existin_ under the law�s of Minnesota and Peer Environmental & Engineering R sources�In c ("Peer�"�), a Minnesota corporation in the business of providing environmental assessment and consulting services. REC-- ITALS l• ��'HERE.AS, in 1992, Peer provided certain environmental assessment and consultina services to the Porc .Authorit��, culminatin� in a "Phase 1 Environmental Assessment" issued to the Pon Authorin� on or 2bout September 2, 199?• , '_'. The Port Authorin• requested the services referenced in Paragraph 1 above in order to locate rnd identii}� hazardous substances posina a risk of detrimenta] impacu to soil, Qround w�ater or human health as described in Peer's proposal dated Jul}� 24, 1992, on certain real propert}� located in Rosemount, legall}� describ�d in E;1:ibi: e :o L�:is e^.w:r:er.*• 2.�c� -�• -, '• The parties ��ish to resolve difierences wnich ha��e arisen concernin� the above-described sen�ices rendered b�� Peer. AGREE�IE\'T ���'�' THEREFORE, in consideration of their mutual prorriises, the parties hereb}� stipulate and 2�ree as r'oI}o��s: l. Peer a�rees to pro��ide en��ironm�ntal assessment ��d consultin� sen•ices of:he n•pe �•hich it is licensed or , oti�eru•ise qu2lified to pro�•ide te the Por. Au:horin�, u c�lled upon rrom time to time, ��ith�u; cha:a�. T'nis 2sreemPnt is limited to sen�ic�s ��alued z; S8.000.00 accordir.� to Pe"'s billinQ rates o: schecuie :n e`iec: a: t;�e tim� ��� s�:�•i��s 2re rend�-ec. �. In consid�r2;ion fcr i�eer'� �r,��•ision o;sen�ices ��aiued a; S�.000.00, zs s�t fortii 2bor;, tne Po;� .�utnori*�• aerees te v.�aive zm• 2ad 2li ci2irns. except io; and specifical'1�� ezcludin� indemnification or contrioution ci2ims a:isinQ irom tniro par;�• actions orougnt a�ainst tne Port Autnoric}� or its successors, related to en�•ironmenz2} n2zares �� �� ;, .o �n� m��' i2\ 74on nTose�� or. :h� nrope��• ��^ o . • d,._,.rib..d in Exhibi: A �: th� �,;;:: Pe�- �"� " "�'r� `���21�� ��'��������%�-�:�- cS5C55D1zIlt 2nu consuitin� s�n•ices v,•itn respect to tne propert}•. r._.. . / � :�- � - ll2i��: /•�i i % /� %.� . `" ��ER E!��'IRO?�h�iEI�T.�L cC. ENGI�'E��I?�G P.�SOLRCES. II�'C. / '' , � �.�^� .��� ` t/:'� ^ " B)•: �"',r, �.�'^�,�...�� , Its Pres�dent �.,,:.�. ✓��� CITZ' O� ROS�:�•lOL'I�T PORT ALT::Ot�IT:' B��: Its Cna;r