Concert Sponsorship Proposal Form

PROPOSAL AND CONTRACT FOR BUILDING AND HOME REPAIR

M.S.B.A. Real Property Form No. 91 (1997) (Revised August, 1997)

Prepared by the Minnesota State Bar Association

Minnesota State Bar Association disclaims any liability arising out of use of this form

Date of Proposal:

Attachments Comprising the Contract:

General Conditions of Contract

Plans and specifications

Allowances Sheet

[ ] Other documents attached [specify]:

Proposal submitted to: (hereinafter the “Owner,” whether one or more)

Address:

Phone Number(s):

Job Site Address: (the “Project”)

Job Site Phone Number: (the “Project”)

PROPOSAL FOR CONTRACT

, (sometimes called the “Contractor” in this agreement) hereby offers to perform the work described in the attached plans and specifications and to provide all materials and labor specified on the attached detailed list of materials, labor and repair work, all of which to be provided and performed by the Contractor in connection with the repair of the Project (collectively, the “Work”).

The Work will begin on or before , (the “Start Date”), and will be completed no later than , (the “Completion Date”).

We agree to perform and provide the Work in accordance with the above referenced specifications and all attachments listed above, for the sum of: $ including the allowances set forth on the attachment hereto (the “Contract Price”).

This Proposal may be withdrawn by us if not accepted by on .

We represent and warrant to the Owner that (a) we are licensed to perform construction work in the state where the Project is located (copies of our licenses are attached to this Proposal for your review), (b) our Minnesota contractor license number is ; (c) we have the financial and staffing capacity to complete the Work as proposed; and (d) references for our work are available upon request.

“CONTRACTOR” Contractor’s Address:

By Its Contractor's Phone Number: ( )

THE OWNER IS HEREBY ADVISED THAT IF THE PROJECT IS THE OWNER’S HOMESTEAD, FEDERAL LAW ALLOWS THE OWNER TO TERMINATE THE CONTRACT CREATED WHEN THE OWNER ACCEPTS THIS PROPOSAL FOR ANY REASON WITHIN 3 DAYS AFTER SIGNING IT.

OWNER ACCEPTANCE OF PROPOSAL AND AGREEMENT TO CONTRACT

The above offer including the prices, specifications and conditions are hereby accepted. You are authorized to supply and perform the Work as specified in your Proposal and we will abide by all terms of this Contract including the Conditions of Contract attached hereto.

THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THIS CONTRACT, CONSULT YOUR LAWYER BEFORE YOU SIGN IT.

The Owner’s insurance company:

The Owner’s insurance agent:

Agent’s Phone Number: ( )

ALLOWANCES

This allowance specification sheet is part of the Contract (as defined in the General Conditions of Contract) between: as the Contractor, and , the owner(s) of the Project.

Project: Construction/Repair of [address]

Included within the Contract Price are the following allowances for installation, labor and materials [select as applicable to the Project]:

1. Lighting fixtures $

2. Finish floor coverings (carpet, pad, vinyl) $

3. Built-in appliances (dishwasher, disposal, and vent hood) (upgrades at Owner's expense) $

4. Upgrade plumbing fixtures $

5. Ceramic tile allowance $

6. Doors; wood work $

7. Wall coverings $

8. Finished landscaping $

9. Wood burning stove $

10. Well and Septic System $

11. Driveway, base and culvert $

12. Window Treatments $

13. Others (list)

$

$

$

If on-site conditions or Owner's selections cause an increase or decrease from these allowances, the changes will be adjusted with a Change Order signed by the Owner and the Contractor.

GENERAL CONDITIONS OF CONTRACT

These General Conditions of Contract are accepted and agreed upon by , the Contractor, and , the owner(s) of the Project described in the Proposal and Contract for Building and Home Repair.

A. CONTRACT DOCUMENTS. This contract for home repair consists of the following documents:

1. The Proposal and Contract for Building and Home Repair.

2. The General Conditions of Contract.

3. All drawings, plans, specifications, and material schedules which are now or by later agreement attached to this Contract.

4. Any change orders in the form attached as part of this Contract.

5. Any supplemental Contract documents, modifications, or Change Orders executed by both parties after the date of the Proposal and Contract for Building and Home Repair.

6. Others (list):

B. START DATE; COMPLETION DATE. The Start Date and the Completion Date will be as specified in the Proposal and Contract for Home Repair. Time is of the essence of this Contract. If the Contractor is delayed at any time in the progress of the Work by Change Orders, Owner's failure to make timely progress payments, fire, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any other causes beyond the Contractor's control, then the Completion Date will be extended by a Change Order for a reasonable period of time as the parties may determine by their written agreement. The Contractor will pay to the Owner $ per day for each day that the Completion Date is delayed for a reason not agreed to in a Change Order executed by both parties.

C. PROGRESS PAYMENTS. The Owner will make progress payments to the Contractor for Work as follows: $ as a down payment.

Progress payment frequency:

Payment Event / Amount of Progress Payment

1. Footings $

2. Footing and Foundation Waterproofing (prior to backfill) $

3. Sheathing and Wall Anchoring $

4. Framing $

5. Electrical $

6. Insulation $

7. Final Plumbing and Mechanical $

8. Completion of the Work [See Part D.]

The Owner will pay the Contractor 90% of the above referenced Progress Payments, with the remaining 10% being held back by the Owner until completion of the Work on the Completion Date.

D. FINAL PAYMENT. Final payment for the unpaid balance of the Contract Price, including all retainage amounts (if any) but excluding an amount equal to 150% of the estimated cost of the Contractor completing the nonconforming Work and punchlist items pursuant to Part H. hereof, will be due and payable no later than 30 days after the Completion Date.

E. CONTRACTOR'S RESPONSIBILITIES. The Contractor will supervise and be solely responsible for all construction means, methods, techniques and procedures for the Work. Unless specifically agreed in writing, the Contractor will provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation and other facilities and services necessary for execution and completion of the Work.

F. SUBCONTRACTORS. The Contractor will have sole discretion as to who it hires for subcontracted Work and shall be solely responsible for the conduct and performance of such subcontractors.

G. CHANGE ORDERS. Work, Contract Price and Completion Date may be modified only by a properly executed Change Order.

H. QUALITY OF WORK. The Contractor will complete the Work according to the plans, specifications and other documents that comprise this Contract.

I. MECHANICS’ LIENS. The Contractor will timely pay all subcontractors and material suppliers for their respective performance of any of the Work so as to prevent mechanics’ or materialmens’ liens from being filed against the Project.

J. INDEMNIFICATION; PROTECTION OF PROPERTY AND PERSONS. The Contractor will indemnify, defend and hold harmless the Owner from and against all claims, damages, losses and expenses.

K. INSURANCE. The Contractor has, and will continue to maintain, insurance coverage sufficient to protect the Contractor from the claims of workers and property damage claims.

L. DEFAULTS. If the Owner fails to make any required payment for a period of 30 days after it is due, the Contractor may terminate this Contract after notice.

M. GOVERNING LAW. This Contract is governed by the laws of the State of Minnesota.

N. RESTRICTION ON ASSIGNMENT. Neither the Owner nor the Contractor may assign this Contract without the express written consent of the other party.

O. PERFORMANCE AND PAYMENT BONDS. The Contractor will provide the Owner with performance and payment bonds issued by a surety acceptable to the Owner.

UREA FORMALDEHYDE DISCLOSURE OF CONTRACTOR

The State of Minnesota has a law requiring a warning to be provided in the sale of buildings or building products containing Urea Formaldehyde.

“IMPORTANT HEALTH NOTICE: SOME OF THE BUILDING MATERIALS USED IN THIS HOME (OR THESE BUILDING MATERIALS) EMIT FORMALDEHYDE...”

EXHIBIT A TO GENERAL CONDITIONS OF CONTRACT — CHANGE ORDER FORM

No. Dated:

Contractor:

Owner:

Project: Construction/Repair of [address]

TO: “Contractor”

You are directed to make the changes noted below to the Work specified in our Contract.

Nature of Change:

Attachments [identify and attach amended plans, drawings, specifications, etc.]:

Changes to Contract Price and Contract time resulting from this Change Order:

Contract price before this Change Order: $

Net increase/decrease from this Change Order: $

Resulting Contract Price $

Completion date prior to this change order:

Net increase/decrease in Contract time: days

Resulting completion date:

ACCEPTANCE BY CONTRACTOR:

This Change Order is accepted this day of , .

CONTRACTOR

By:

Its:

NOTICE

TO:

(Name and Address of Owner)

YOU HAVE ENTERED INTO A CONTRACT WITH THE UNDERSIGNED TO IMPROVE YOUR .

WE ARE AUTHORIZED BY LAW TO PROVIDE YOU WITH THIS NOTICE. YOU ARE THEREFORE NOTIFIED THAT:

(a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.

(b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.

Dated: , 19___.

CONTRACTOR

By:

Its:

STATE OF )

) ss. AFFIDAVIT OF SERVICE

COUNTY OF ) PERSONAL SERVICE

of the City of , County of , in the State of , being duly sworn, says that on the day of , , s/he served the "NOTICE" of which the foregoing is a copy, on the owner(s) therein named by personally delivering to and leaving said Notice with said owners.

Subscribed and sworn to before me this day of , .

Notary Public

Notarial Stamp or Seal (or other Title or Rank)