09-26-2001 Council Agenda - Laserfiche WebLink

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Article 10 10.1 Mn/DOT Agreement No. 81650 Exhibit A Exhibit A General Terms and Conditions Term of Contract This Contract will be effective upon the date set in the Special Terms and will remain in effect until the Expiration Date set in the Special Terms, or until all obligations set forth in this Contract have been fulfilled to the satisfaction of State, or until terminated under Article 31, whichever event occurs first. 10.2 For delays encountered that are beyond Contractor's control, and upon written request from Contractor, State's Authorized Agent may extend the Work Completion Date, as set forth in the Special Terms of this Contract. The length of such time extension will be determined by State's Authorized Agent and will not exceed the Expiration Date of the Contract. 10.3 It will be Contractor's responsibility to notify State's Project Manager and State's Authorized Agent, in writing, if the project will not be completed as scheduled. State's Project Manager will have the authority to adjust the schedule, in writing, within the term of the Contract. Article 11 Governing Law, Jurisdiction, and Venue This Contract will be interpreted pursuant to Minnesota law. Any citation to federal or state law incorporates the language of that law into this Contract as if fully set forth herein. Venue for all legal proceedings arising out of this Contract, or its breach, will be in the applicable state or federal court with competent jurisdiction in Ramsey County, Minnesota. Article 12 12.1 Terms of General Terms Any and all provisions of these General Terms will remain in force unless they are specifically modified, in writing, by the Special Terms of this Contract. 12.2 To the extent of any inconsistencies between the Special Terms and these General Terms, the Special Terms will control. Minnesota law supersedes any of the Special Terms or General Terms set forth in this Contract. Article 13 13.1 Terms of Payment Subject to the provisions of the Special and General Terms, all services performed and/or goods satisfactorily supplied by Contractor pursuant to this Contract will be paid by State. Compensation will be in accordance with the Special Terms, Article 4 Consideration of Payment. 13.2 If it appears at any time that Contractor will exceed the Total Contract Amount stated in the Special Terms of this Contract, Contractor must notify State's Authorized Agent in writing in a timely manner. Contractor will not be compensated for work performed in excess of the Total Contract Amount without a written, and fully executed, amendment to this Contract. Any work performed beyond that which is provided for in this Contract without a prior written amendment signed by State, will be deemed voluntary and Contractor will not be entitled to compensation for the extra work. 13.3 If Contractor claims any instructions, latent conditions, or conditions exist that cause extra cost under this Contract, Contractor must make a written notice for any extra cost incurred within 10 days after such instruction or observance of conditions. Latent conditions are conditions not anticipated by the Special Terms of this Contract. Any claims made without a written notice will be refused and no claim will be valid unless so made. Any work performed under an amendment to this Contract that has not been properly approved and executed by the parties will be February 2001 Page 60