09-26-2001 Council Agenda - Laserfiche WebLink

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Mn/DOT Agreement No. 81650 Exhibit A Article 17 Assignment Contractor may neither assign nor transfer any rights or obligations under this Contract without authorization from State's Authorized Agent and a fully executed assignment agreement. The written authority will in no way relieve Contractor from the primary responsibility for performance of the services and/or delivery of the goods specified in this Contract. Article 18 Subcontracts 18.1 Contractor must require all subcontractor contracts to contain all appropriate terms and conditions of this Contract, including Articles 10, 11, 13, 14, 16, 18 through 34 and 36, as they apply to the sub contractor. The use of subcontractors does not relieve Contractor from performing and delivering the work stated in this Contract. 18.2 State's Authorized Agent must review, and accept for compliance with the General and Special Terms of this Contract, all subcontractor contracts exceeding $10,000.00 prior to the execution of any such subcontractor contract. State's Authorized Agent has the authority to reject any subcontractor contract that does not comply with the General and Special Terms of this Contract. 18.3 A copy of any and all subcontractor contracts must be sent to State's Authorized Agent after execution of the subcontractor contract and prior to work starting under the subcontractor contract. Article 19 19.1 Amendments, Change Orders, Merger, and Waiver Amendments to this Contract will be considered only for unforeseen work or services that were excluded in the Scope of Work of the Special Terms and that are considered essential to the work. Any written claim made by Contractor for extra work or costs under this Contract that has been approved by State's Authorized Agent must be evidenced by an amendment to this Contract. Amendments must be in writing and executed and approved by the same parties and officials who executed and approved the original Contract, or their successors in office. Contractor must notify State's Project Manager in writing if Contractor will be delayed in any way from completing the project under this Contract. 19.2 The work to be done in connection with this Contract may be changed at the request of State, with the mutual concurrence of Contractor. Any change will be clearly and fully defined in writing, and approved by both parties. Change orders must be consistent with the basic purpose of this Contract and within the general Scope of Work identified in the Special Terms. Changes in the Total Contract Amount or the Contract Expiration Date are not permitted in a change order. 19.3 This Contract, including all incorporated items, contains all negotiations and agreements between Contractor and State. No other understanding, whether written or oral, regarding this Contract, may be used to bind either party. 19.4 Failure of a party to enforce any provision of this Contract will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. Article 20 20.1 February 2001 Affirmative Action For contracts in excess of $ 100,000.00, Contractor certifies that it is in compliance with Minnesota Statutes Section 363.073. Page 63