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Attachment A 1 a timely fashion and/or upon the request by the City Engineer. After the Developer has received 2 twenty-four (24) hour written notice, the City shall have the right to complete or contract to 3 complete the site maintenance work at the Developer’s expense, which amount the Developer shall 4 pay to the City upon demand. 5 5. Cold Weather Construction. The City requires that no public concrete or bituminous 6 infrastructure be constructed on frozen ground. Upon evidence of frozen ground in the aggregate 7 base/subgrade areas of the Public Improvements, all concrete and bituminous work on the Public 8 Improvementsshall cease for the construction year. No bituminous base paving or concrete st 9 pouring related to the Public Improvements will be allowed after November 1 of the calendar 10 year. Concrete / bituminous workon the Public Improvements may be performed after November st 11 1 only with the approval of the City Engineer, and if permitted such work shall comply with City 12 specifications. 13 6. Bituminous and Concrete Material Acceptance. The City shall not accept concrete curb and 14 gutter that has structural or cosmetic defects. The City shall identify all defective curb for removal. 15 The City shall not accept bituminous base course with less than 91.5% density or that has an open 16 graded appearance as determined by the City Engineer. This is considered to be rejected and shall 17 be required to be removed at the Developer’s expense. At no time shall the bituminous wear course st 18 be installed after September 1 of any calendar year or prior to weight restrictions being lifted in 19 the spring. 20 7. Televising. All storm sewer and sanitary sewer shall be televised, at the Developer’s expense, 21 prior to the installation of the aggregate base, concrete curb and gutter, and bituminous. No 22 roadway construction shall be commenced until the City has reviewed and approved the televising 23 tapes. All televising media shall be submitted on DVD. 24 Certificate of Insurance. The Developer shall provide, or shall cause its general contractor to 25 provide, prior to the commencement of any site work or other development of the Property, evidence 26 that it has insurance in the form of a Certificate of Insurance issued by a company authorized to do 27 business in the State of Minnesota, which includes workman’s compensation and general liability. 28 Limits for bodily injury and death shall not be less than $1,000,000 for one person and $1,500,000 per 29 occurrence. The City shall be included as an additional insured on general liability policies. The 30 Developer or its general contractor shall also carry builder’s risk insurance on the Project during 31 construction. The Developer shall provide the City with a renewal certificate of insurance at least 30 32 days prior to the expiration date of any policy required hereunder. 33 All Costs Responsibility of Developer. The Developer shall pay all costs incurred by it and 34 reasonable costs incurred by the City in conjunction with this Agreement, the approval of the Plat, the 35 development of the Property, and the construction of the improvements required by this Agreement, 36 including but not limited to, all costs of persons doing work or furnishing skills, tools, machinery and 37 materials; insurance premiums; Letter of Credit fees and bond premiums; legal, planning and 38 engineering fees; the preparation and recording of this Agreement and all easements and other 39 documents relating to the Plat and the Property; and all costs incurred pertaining to the inspection and 40 monitoring of the work performed and improvements constructed on the Property. The City shall not 41 be obligated to pay the Developer or any of its agents or contractors for any costs incurred in 42 connection with the construction of the improvements or the development of the Property. The 43 Developer agrees to defend, indemnify, and hold the City and its mayor, councilmembers, employees, Page 7 of 15