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ire rnrmu ~an•U:J1LL04JJL1 w~ ~~ wuo uc.uoNm rwc~uuc <br />FPY PA,V~NG C0~1T~iACTORS, I.~1C. <br />T~RNiS O)F A~GREE1v~NT <br />t. Yt(EM1SE5: Unless OtherwisC pavvidcQ iu tltc description of the work to bo performed, the price of the proposed work is <br />predicated on the following conditions: <br />I.l That the work will be performed in its entirety between May 1 S and November 15 of the current year, if at all <br />possible. With balance of work, if any, to be completed in the next construction season including escalation of <br />costs. <br />1.2 That the work will be performed ir- a single, continuous operation and will require only one mobili2ation. <br />1.3 That proposer will be provided with adequate access to the work site. <br />1.4 Thnt proposer will be provided with a work. city, fire of obstructions. <br />1.5 That subgrade and base work perfotnted by others shall have been performed in accordance with the applicable <br />plans and specifications and to good workmanship standards. <br />1.6 That proposer will be given not less than days written notice to proceed, or 7 days if blank, and that <br />proposer can proceed upon the date notices. . <br />Variances from the foregoing conditions shall be changed work, see paragraph 6. <br />2. (EXCLUSIONS: Unless otherwise provided in the description of the work to be performed, the price of the proposed work does <br />not include the cost of testing of Compaction aua tualr~ inls, except a3 required by the apecificatiome, and the cost of bond premiums <br />and permits. 'If requested, the same will be furpished for an additional charge, see paragraph 6. <br />3. GUARANTEE: Proposer guaraartees its work against defects in materials and workmanship. for one year tiom the date of the last <br />item of work furttished by proposer. <br />4. WORKMANSHIP: Unless otherwise requiured by the plans and specifications, all materials and workmanship shat! be in <br />accordance with applicable Minnesota Highway Department Standards. <br />5. )INSPECTION: Inspection shall be ttte responsibility of the general contractor during the progress of the work. In the absence of <br />inspection, proposer shall use its best judgment to interpret the plans and specifications and proposer's best judgmett shall be <br />conclusive as to its obligations thereunder. , <br />6. ADDED OR CHANGED WORK: Additional charges will be nnade for added or changed work performed at the request of the <br />general contactor, which request shall be in writing. 'The additional charges for wotlc over and above the contract prices shall be on <br />the basis of cost plus 10 percent thereof for profit. An extensiort of completion time shall be granted when appropriate to the added or <br />changed wodc- Field. mPas~rements of all items will be made by proposer and changes of quantities and speCiRcatioas will <br />correspondingly change the total price. ]f it is found that the actual quantity of any proposal item will be less than 80 pervert of the <br />proposal quantity, the price of payrneat for that item may be revised to the extent that the evidence justified an increase in the pro rata <br />share of fixed expenses to the item. Total payment for the decrease quantity nctay exceed that which would be made for 80 percem of <br />the proposal quantity at the proposal price. <br />7. PAYMENT: Work will be invoiced monthly and. upon completion. The total amount invoiced is due within 10 days of the invoice <br />date. A finance charge of one and one-half percent (l '/: percent) per month (18 percenx per annum) will be charged on any balance 30 <br />days past due. <br />8. RETAINAGES: NO RI;TATNAGE tray be withheld unless specifica.Uy agreed to in writing by proposec. <br />9. ESCROW: proposer shall have the right to cease work irnrnediately and to demand either a payrr-ent bond or an escrow of funds <br />to pay proposer for the work it is to do if proposer reasonably believes that the Owner's or General Contractor's f nancial <br />responsibility is impaired. proposer nnay terminate the agreement if such demand is nvt met within 5 days. <br />l0. COLLECTION: Proposer will file liens and bond claims within the prescribed periods for its own protection. And additional <br />charge watt be made for cost, ineludutg iulcicat and reasonably attorneys' feeE, of aq collection expPrce.~ incurred by proposer whether <br />based on a lien, bond claim yr other procedure. <br />11. PROPOSAL: This proposal shall be void unless accepted within 60 days from the date hereof, 30 days unless otherwise <br />stated. <br />Received Time Oct•15~ 2~23PM <br />