Laserfiche WebLink
S.P. 1810-92(T.H.371) <br /> Agreement Number 1000912 <br /> 2. If the parties cannot agree to a lump sum cost for the Betterment work, the <br /> Contractor will perform the work on a time and materials basis pursuant to <br /> the DB Contract. The Utility Owner will pay MnDOT the total, actually <br /> incurred cost on that basis. <br /> a. If the Contractor performs the work on an estimated time and <br /> materials basis, and the actual costs for the work exceed the <br /> estimated amount, the Utility Owner will pay those excess costs to <br /> MnDOT. <br /> b. If the Contractor performs the work on an estimated time and <br /> materials basis, and the actual costs for the work are less than the <br /> estimated amount, MnDOT will refund the remaining amount to the <br /> Utility Owner. MnDOT will make that refund no more than 30 <br /> Calendar Days after receiving an invoice and supporting <br /> documentation for that work. <br /> 3. If the Utility Owner does not accept the Contractor's offered price for the <br /> Betterment work, the Utility Owner may reject that price. The Utility Owner <br /> may then select a different contractor to perform the Betterment work, <br /> provided that the performance complies with the Contractor's Project <br /> schedule. MnDOT, the Utility Owner, and the Contractor will execute a <br /> Work Order to describe the terms and conditions of that Betterment work. <br /> XII. Scheduling <br /> A. The performing party will complete any design, construction, and/or Inspection of <br /> Utility Work according to a schedule described in the Work Order. The parties <br /> agree to negotiate the use of acceleration methods (e.g., imposing overtime work <br /> or importing contractors from outside the local area) in good faith if necessary to <br /> meet the Contractor's scheduling requirements. <br /> B. Where the Utility Owner designs the Utility Work, the Contractor will review that <br /> design and respond no more than 14 Calendar Days after receiving it, unless the <br /> Work Order requires a different time period. If the design is consistent with the <br /> performance standards described herein, the Contractor must Approve it and <br /> notify MnDOT and the Utility Owner of the Approval within this time period. If the <br /> design does not meet performance standards, the Contractor must submit its <br /> comments to the Utility Owner and notify MnDOT within this time period. <br /> Page 17 of 28 <br />