HomeMy WebLinkAboutContract No. 2014-2589� % ? ENVIRONMENTAL, INC.
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Lindstrom Environmental, Inc.
( "Lindstrom's ")
9621 Tenth Avenue North
Plymouth, Minnesota 55441 -5016
Main Phone: (763) 545 -9740
Fax: (763) 545 -8356
E -Mail: roger @lindstromenvironmental.com
Attn: Roger P. Rymer
Columbia Heights L City Hall
( "Client")
590 401h Avenue NE
Columbia Heights, MN 55421
Phone 763 -706 -3675
Fax: 763 -706 -3671
E -Mail: ios ph.ho e� boom @ ci.columbia- heights.mn.
Attn: Joseph HoUboom
Lindstrom's and Client agree as follows: Pursuant to the terms and conditions of this Contract,
Lindstrom's shall provide the labor and materials described in the "Scope of Work" set forth below, at the
following location: 1301/1303 Circle Terrace Blvd. NE Columbia Heights, MN 55421 (the "Work
Site ").
"Contract" shall mean this page and the "Terms and Conditions" attached hereto or otherwise provided by
Lindstrom's to Client, along with any documents or schedules referenced either on this page or in the
Terms and Conditions. This page and the Terms and Conditions shall control over any conflicting
provisions in the documents or schedules referenced therein.
The "Work" to be performed under this Contract and Contract Price shall be:
Removal and disposal of asbestos and hazardous materials, demolition of structure. Priced as per IEA
SMification #201410358 dated May 28, 2014.
Addendum= `Scope of work shall reflect all terms and conditions outlined in the attached Work
Agreement" ( See Attached )
$ 19 310.00
See attached Bid Sheet
Lindstrom Environmental will invoice for completed work as it deems appropriate; invoices shall be paid
by Client on a net thirty -day basis at Lindstrom's address shown above.
Authori LindstronAls Signature
By: , P
ger T. yrner
Its: Estimator/Proiect Manager
Date: July 16.2014
Authorized Client Si Lure
Toll Free: Phone (877) 545 -9740 • Fax (877) 545 -8356
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1. Completion of Work
Upon full execution of the Contract, and subject to Client's fulfillment of its obligations under the Contract, Lindstrom shall promptly commence and shall diligently proceed with the Work.
2, Changes
No alteration shall be made in the Scope of Work described in the Contract, or in the Contract Price, except by written change order signed by Lindstrom and Client, or by a verbal request for
alteration confirmed by written change order signed by Lindstrom and Client within five (5) business days. Iran alteration is to be made, the value of labor and materials added or omitted
shall be computed and determined by Lindstrom, and the amount so determined shall be added to or deducted from the Contract Price.
3. Permits and Approvals
Lindstrom shall be responsible for obtaining all governmental permits or approvals necessary for completion or the Work. Client agrees to provide Lindstrom with all cooperation necessary
to obtain such permits and approvals.
d. Disclaimer of Warrantics
Lindstrom shall perform the Work using the care, skill and diligence normally applied by contractors in the performance of work similar to that contemplated under the Contract.
LINDSTROM DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
Neither party shall be liable to the other party in any action or claim for any indirect, incidental or consequential damages, including without limitation, loss of profit, production, revenues, or
other damages attributable to business interruption resulting from any default or breach of the Contract, or in any other way connected with performance of the Work contemplated by the
Contract. Further, under all circumstances, Lindstrom's liability to Client shall be limited to the portion of the Contract Price actually paid to Lindstrom.
6. Responsibility for Remediation Protocols
If the Mork to be performed under the Contract is a microbial abatement project, Client, by and through its independent industrial hygienists and/or environmental consultants, shall have
performed, or will perform, a thorough environmental investigation and have specified, or will specify, the methods and extent of remediation. Client hereby releases Lindstrom and its
employees, officers and successors, from any liability for errors or omissions made in the preparation of the protocol andlor remediation methods. Lindstrom makes no representations or
warranties as to whether those methods will be effective or appropriate.
7. Disclosure to Third Parties
If the Work to be performed under the Contract is a microbial abatement project, Client shall have the sole responsibility to disclose to any persons Client deems appropriate, including
occupants of the Work Site, that mold, fungus, sewage, water damage and/or biological contamination may lead to adverse health effects. Further, Client will indemnify and hold Lindstrom
harmless from any claims that may arise as a result of failure to make such disclosure. Lindstrom has not provided, and will not provide, medical advice to Client, and Client agrees not to
interpret any statements made by Lindstrom as medical advice.
S. Access to Work Site
Client shall provide Lindstrom with access to the Work Site in the manner and at the times requested by Lindstrom. Client acknowledges that there are inherent physical dangers of bring
present on any remedistion site, including the Work Site. Client agrees that it or its personnel or representatives will not enter onto the Work Site prior to completion of the Work unless
accompanied by an Lindstrom mTrescmative. If Client or its personnel or representatives enter the Work Site in breach of these Terms and Conditions, Client agrees that it expressly assumes
all risks of such entry, whether latent, patent or otherwise; and Client further agrees that any and all injury or loss is proximately caused by such access, because such injury or damage could
not have occurred but for Client's breach of these Terms and Conditions. Further, Client agrees to indemnify and hold Lindstrom harmless from any and all claims, liabilities, costs, expense,
or causes ofaction resulting from any such unauthorized entry into the Work Site.
9. Default; Right to Terminate
(a) Lindstrom shall have the right to terminate this Agreement upon five (5) days written notice to Client of any default by Client under the Contract, including without limitation, the
failure to timely pay any portion of the Contract Price.
(b) Further, Lindstrom shall have the right to terminate this Contract upon written notice to Client it (1) Lindstrom is unable to obtain all necessary governmental artdtor other approvals or
permits in connection with the Work, or (2) for reasons beyond Lindstrom's control, the Work cannot be completed as scheduled or within a reasonable time thereafter. If Lindstrom
terminates the Contract pursuant to this subparagraph (b), it shall be entitled to full payment for any work done by Lindstrom up to the date of such termination.
I& Arbitration
(a) The parties agree that any claim (including claims of fraud) arising out of, relating to, or connected in any way with, the Contract or the breach thereof, shall be settled by final and
binding private arbitration before a single arbitrator (the "Arbitrator) in Minneapolis, Minnesota, except Lindstrom may choose to litigate any dispute wherein: (a) any Claim against
Lindstrom exceeds Five Hundred Thousand and No /100 Dollars ($500.000.00); or (b) Lindstrom seeks an injunction or specific performance.
(b) Arbitration shall be commenced by delivery of a written Demand for Arbitration. Within twenty (20) days of delivery, each party shall propose three potential arbitrators. Unless
agreement is reached on a single arbitrator, within ten (10) days thereafter each Party shall designate one (1) of the potential arbitrators proposed and the persons so designated shall promptly
confer and choose the Arbitrator. The arbitration shall not be administered by the American Arbitration Association, but shall be conducted otherwise pursuant to its Commercial Arbitration
Rules, except that each Party shall have the right to take one or more, but no more than five, pre- arbitration depositions.
(e) Arbitration arising out of or relating to any claim shall not include, by consolidation, joinder, or in any other manner, any third party, including without limitation, any architect,
engineer, or other design consultant retained by Lindstrom, except where Lindstrom has consented to such consolidation or joinder in writing, and the third party has also consented in writing
to such consolidation or joinder.
11. Indemnification
Each party (the "Indemnifying Party') shall be liable for and indemnify and bold harmless the other party (the "Indemnified Party') from any and all actions, suits, claims and costs in respect
of injury or sickness, disease or death of any person or loss of or damages to any property, which may be brought against the indemnified Party by third parties including employees of said
third parties and employees of the Indemnifying Party, which, are directly related to or arise from the breach or noncompliance with any term or provision of this Contract by the Indemnifying
Party.
12. Attorneys' Fees
Client agrees to pay Lindstrom's costs and expenses, including attorneys' fees, incurred by Lindstrom in enforcing any of its rights under the Contract.
13. Notices
All notices to be given under the Contract shall be in writing and addressed to the other party at the address on the fist page of the Contract. Notices shall be deemed received on the earlier
of:
(i) the date of actual receipt;
(ii) the day after delivering the notice (correctly addressed) to Federal Express or equivalent delivery service; or
(iii) two days after mailing the Notice by United States Certified Mail, Return Receipt Requested.
14. Miscellaneous
The invalidity, illegality or uncnforceability of any provision, restriction, condition, resmwitin or any other part of the Contract, in its entirety or as applied to particular circumstances, shall
not impair or affect in any manner the validity, legality, enforceability or effect as otherwise applied to the remainder of the Contract. The Contract shall be governed by the laws of the State
of Minnesota. The Contract shall not be assigned by Client except with Lindstrom's prior written consem. The Contract, or any portion of the Work thereunder, maybe assigned or
subcontracted by Lindstrom without prior written consent of Cliem. lire captions and headings are for convenience only and do not define or limit the scope or intent of the Contract. This
Contract sets forth the entire understanding of the parties. Lindstrom will not be bound by any representations or agreements not expressly contained as a written pan of the Contract,
including its exhibits, schedules, and/or addenda. Any number of counterparts of the Contract maybe executed and each such executed counterpart shall be deemed an original, but all such
counterparts together shall constitute one agreement. By signing below, Client acknowledges receipt of a copy of the Contract.
AUTHORI LINDSTRO NV ONMENTAL SIGNATURE
By:
Its: Estimator / Proiect Manager
i
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Mechanic's Lien Notice
Minnesota law requires the following notice:
Initial Here:
Lindstrom's
Client
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