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82 <br />registered professional engineer, furnished to the City for review, and approved by the City <br />83 <br />Engineer. <br />84 <br />1. The College shall obtain all necessary permits from the Minnesota Pollution Control <br />85 <br />Agency (MPCA)', Rice Creek Watershed District, and other agencies before proceeding <br />86 <br />with construction. Copies of these permits must be provided to the City Engineer. <br />87 <br />2. The College or their engineer shall schedule a preconstruction meeting at a mutually <br />88 <br />agreeable time at City Hall with all the parties concerned, including City staff, to review <br />89 <br />the program for the construction work. <br />90 <br />3. The College represents to the City that the proposed improvements comply with all <br />91 <br />applicable City, County,, Metropolitan, State and Federal laws and regulations including, <br />92 <br />but not limited to.- subdivision ordinances,, zoning ordinances and environmental <br />93 <br />regulations. If the City determines that the improvements do not comply, the City may, <br />94 <br />at its option, refuse to allow construction or development until the College does comply. <br />95 <br />Upon the City's demand, the College shall cease work until there is compliance. <br />97 D. Time of Performance. The College shall install all required improvements enumerated in <br />98 Paragraph A which will serve the P development by September 30, 2008. Wear course of <br />99 asphalt and all landscape and restoration shall be installed by September 30, 2008. The <br />100 College may, however, forward a request for an extension of time to the City. If an extension <br />101 is granted, it shall be conditioned upon updating the security posted by the College to reflect <br />102 cost increases and the extended completion date. <br />103 E. Inspection. The College shall provide the services of a Residential Project Representative <br />104 and assistants at the site to provide continuous observation of the Contractor's work. <br />105 1. The College shall provide the City Engineer a minimum of one business day notice prior <br />106 to the commencement of the underground pipe laying and service connection; and prior <br />107 to subgrade, gravel base and bituminous surface construction. <br />2. College's failure to comply with the terms of this section shall permit the City Engineer <br />to issue a stop work order which may result in a rejection of the work and which shall <br />obligate the College to take all reasonable steps, as directed by the City Engineer to <br />ensure that the improvements are constructed and inspected pursuant to the terms of this <br />Agreement; and shall further result in the assessment of a penalty, in an amount equal to <br />1% per occurrence, of the amount of the security required for College improvements. <br />F. Engineering Coordination. A City Engineering Coordinator shall be assigned to this <br />project to provide further protection for the City against defects and deficiencies in the work <br />of the Contractor through the observations of the work in progress and field checks of <br />materials and equipment. However,, the furnishing of such engineering coordination will not <br />make the City responsible for construction means, methods, techniques, sequences or <br />procedures or for the safety precautions or programs, or for the Contractors failure to perform <br />his work in accordance with the contract documents. The College is obligated to pay the City <br />for City inspection services an amount equal to 2% of the cost of the College improvements <br />or approximately $,1,700. This amount shall be paid at or prior to the execution of this <br />Agreement. <br />Page 3 of 10 <br />