04-28-2025 - Agenda Packet CC - regular meeting

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any obstructions (vehicles, dumpsters, etc) at the scheduled project start date and time. MP Asphalt Maintenance reserves the right to adjust the agreed upon project price if the job conditions prevent MP Asphalt Maintenance work crews from starting on time and proceeding without interruption. CLEANING EXPENSES: The owner understands that the work called for in this agreement is a messy process. The parties agree that MP Asphalt Maintenance is not responsible for cleaning, repairing, or replacing any concrete, carpet, floor, passageway, etc., that is soiled or stained by anyone other than MP Asphalt Maintenance employees. Sprinkler systems must be off 24 hrs. before and after. Bluing of sealer may accrue and is normal. it does not affect craftsmanship, warranty, or longevity. INDEMNITY:MP Asphalt Maintenance agrees to complete its work in a safe and workmanlike manner, and to take appropriate safety precautions. However, once installation is complete and customer takes possession of the work area, Owner/Customer understands and agrees that MP Asphalt Maintenance cannot be responsible for materials, area maintenance and safety, and therefore Owner/Customer assumes all responsibility in this regard, including but not limited to any and all personal injuries, deaths, property damage, losses, or expenses related to or in any way connected with the materials or services provided. To the fullest extent allowed by law, Owner/Customer agrees to indemnify, defend and hold MP Asphalt Maintenance and its agents harmless from all loss, expense, liability, or attorneys' fees in connection with any such damages or injuries occurring thereafter. Nothing contained within this paragraph means or should be construed to mean that MP Asphalt Maintenance or others shall be indemnified for their own negligence. CHOICE OF LAW & VENUE: To the fullest extent permitted by law, each provision of this contract shall be interpreted in such a manner as to be effective and valid under Minnesota law without regard to its conflict of laws principles. To the fullest extent permitted by law. ATTORNEY FEES & COSTS: In the event MP Asphalt Maintenance places any amounts owed under this proposal for collection with either a collection firm or attorney, MP Asphalt Maintenance shall be entitled to reasonable collection fees, attorney's fees and costs. TAXES: All taxes are included in the proposal price unless otherwise specified. ESCALATION CLAUSE: This contract has been based on material costs at current market rates. Due to uncertain market conditions that are beyond our control and in the event of future material price increases, the party responsible agrees to pay for the escalations of material without a charge order. This paragraph applies only to materials. TIMING: Due to fluctuation in the cost of raw materials, if the current date is 15 days past the proposal date, the customer should clarify that pricing is still valid. MATERIAL & WORKMANSHIP: All material is guaranteed to be as specified. Unless otherwise specified within this Proposal, MP Asphalt Maintenance warranties workmanship and materials for a period of 6 months from the date of completion. All driveways and overlays may experience cracking throughout the 1st winter and do not result in a warranty claim. All work shall be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the amount set forth above. We shall not be responsible for delays caused by strikes, accidents, weather or other contingencies beyond our control. Our workers are fully insured NON-DISCLOSURE: Customer acknowledges that information in this Proposal, including but not limited to pricing, determination of scope of work, method for evaluating parking lots, and methods of repair, constitute and include Confide MP Asphalt Maintenance Information. 43