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Home My WebLink About5.c. Consideration of Agreement with Peer Environmental re: Services . _ CITY OF ROSEM4UNT EXECUTIVE SL1�vIlVIARY FOR ACTIOl�T PORT AUTHORITY COM1vIISSION MEETING DATE: FEBRUARY l, 1994 AGENDA ITEM: CONSIDERATTON OF AGREEMENT WITH AGENDA SECTION: PEER ENVIRONMENTAL RE: SERVICES CONSENT pREpARF�D BY: JOHN MILLER, AGENDA NO. S.C. ECONOMIC D�VELOPMENT COORDINATOR ATTA�F[1Vg:NTS: DRAFT AGREF�NT �P , 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 fmding. Unfortunately about 2000 square feet of asbestos board was discovered by the demolition contractor after initiation of the work. Additional expense was incuned 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 $6000 reduction in billed costs from the demolition contractor for his failure in identifying the asbestos containing material. RECOMI��NDED 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: � ��OM I,iND�UIST & VE1�TA�UMN tTUE) 12. 07' 93 17:34/ST. 16.35/N0. 35�04837�0 P 20/?3 �{(��.,�,�,� y/7� �mrsa lY L'l! 'c1�� The parties to this agzeement awe the City of Rose�ount Port Authozity (the "P�zt Authdrity"} , a body politic and cazpvrate duly existing und�r the taws o� Minnesota and Pe�r Envizonmental & Engineer�.ng Resources, Inc. ('�Peer") , a Minnesota corpozation in th� business of pzovid�ng environmenta]. ass�ssment and consuiting services. REcITA�,s 1. WHEREAS, in 1992, Peez provided certa7tn environ.zne.rttal assessment and consu].ting sez-vices to the Port Authari.ty, cu�.�inat�.ng in a "Phase I Enviranmental Assessment" issued to the Pox•t Authority on ar about september 2 , 1992 ; 2 . The Port Authority retaa.ned Peer to provi.de the services described in Paragraph 1 above in ordex to locat� and ider�tify hazardous substances, on certain real propezty located in �asemvunt and legally d�scribed in Exhi.bit A to this Agr�e�ent, posing a risk of detri.mental �mpacts to soil, ground water, or human health; and 3 . The pazties w�sh to resoJ.ve differenccs which have ari.sen concerning the a�ov�-desczibed services rende�ed by Peez. AGREEMENT NOW TFIEREFoRE, in considerativn of their mutual pzomises, the parties her�by sti.pulate and agree as follo�rs; . 4 . Pe�z agrees to provide environmental assessment and consulting services of the type which i.t is licensed or otk��rt'.Tise qua��;ied to provide to the Port Authoz�,ty, as called upon �ron �ime ta time, without charge. This Agreement �,s for sez-vices valued at $B4Ooo . 00 according to Peer's billing rates or schedule in ��fect at tk�� ime the services are render�d. Upon reasonable request by. the Port Authozity, Peer will provide docum�ntatian to confirm the value of services pz�avided under this Agreement. 5 . In considezation for Peer's provision of servi�es as set �arth in paragraph 4 above, the Pazt Authorit�� agrees to wa�.ve any and all. claims, except for and specificalZy exclud�ng indemnif ication or contribut�.an claims ar.ising �xon tha.xd pazty actions brought against the Port Authozity or its successors, zelated to Qnvironraental hazards of the type Peer was retained to discav�r in connection with the Phase t Environmental Assessment described i.n pazagraph 1 above. • � r�?CM I,IND�UIST & VENNUMN (TUE) 12. 07' 93 17:34/ST. 16:35/1v'4. 3560483740 k 21/?3 Dated: PEER ENVIRONM�NTI�L, & ENGINEERING RESOLIRCES, INC_ $Y Its President pated: CITY OF ROSEMOUNT PpRT • AUTHORITY Sy Tts ,- - � � � . , . The parties to this agreement are the City of Rosemount Port Authority ("the Port Authority"), a body politic and corporate duly existing under the laws of Minnesota and Peer Environmenta] & Engineering Resources, Inc. ("Peer"), a Minnesota corporation in the business of providing environmental assessment and consulting services. RECITALS 1. WHEREAS, in 1992, Peer provided certain environmental assessment and consultina services to the Port .Authority, culminatinQ in a "Phase I EnvironmentaJ Assessment" issued to the Port Authority on or about September 2, 1992; "'. The Port Authorit}� requested the ser��ices referenced in Paragraph 1 above in order to locate and identif}� hazardous substances posing a risk of detrimental impacts to soil, =round water or hurr��:�n health as described in Peer's proposal dated July 24, 1992, on certain real property located in Rosemount; leJa11}� described in E�:t:ibi: � to tl:is P.g;�,�,m�r.:; :ad �. The parties wish to resolve differences which have arisen concernin� the above-described services rendered b�' Peer. AGREEI-iE�'T :�'O«' T'HEREFORE, in consideration of their mutual protri'ises, the parties hereb}� stipulate and a�ree as follows: 1. Peer zgrees to provide ent�ironmental assessment and consultin� sen�ices of the t}�pe which it is licensed or other��ise qualified to provide tn the Por: Au<horin�, as called upon rrom time to time, without charae. This aoreement is limited to services ��alued at S8,000.00 accordinQ to Peer's biliina rates or schedule zn effect at the time the services are rendered. � ''. In consideration for Peer's pr��vision or services valued at �8,000.00, as set iorth above, the Port ,4uthorin� aQrees te wai��e an�� and ali cIaims. except for and specificallv excluding indemnification or contribution ciaims arisinQ from third partv actions brouQht aQainst tt�e Port Authority or its successors, related to �m•ironmental nazards «�hicr ma.�� ha��e beer. rresent on the propem• described in E�hibit A z: the tim� Pe�. pe-rc:m�;: ce.tain en��ironmen�a; assessment and consultinQ ser��ices with respect to the propert}�. � r llate�: %�� %; l.% PEER ENVIRONAIENTAL �C, ENGINEERING , RESOURCES, INC. � ` 1 ,- „ . r �+�B}� _ ��it,..—�/�, Its President D""`: CIT1' OF ROSEP��IOLNT PORT AUTHORIT:' B}�: Its Chair