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RCA Attachment E 1 construction year. No bituminous base paving or concrete pouring will be allowed after stst 2 November 1 of the calendar year. Work may be performed after November 1 only with 3 the approval of the City Engineer, and if permitted such work shall comply with City 4 specifications. 5 Bituminous and Concrete Material Acceptance. The City shall not accept concrete curb 6 and gutter that has structural or cosmetic defects. The City shall identify all defective 7 curb for removal. The City shall not accept bituminous base course with less than 91.5% 8 density or that has an open graded appearance as determined by the City Engineer. This 9 is considered to be rejected and shall be required to be removed at the DeveloperÓs st 10 expense. At no time shall the bituminous wear course be installed after September 1 of 11 any calendar year or prior to weight restrictions being lifted in the spring. 12 13 Q. Certificate of Insurance. The Developer shall provide, prior to the commencement of any site 14 work or other development of the Property, evidence that it has insurance in the form of a Certificate 15 of Insurance issued by a company authorized to do business in the State of Minnesota, which 16 includes workmanÓs compensation and general liability. Limits for bodily injury and death shall not 17 be less than $1,000,000 for one person and $1,500,000 per occurrence. Limits for property damages 18 shall be not less than $500,000 for each occurrence. The City shall be included as an additional 19 insured on general liability and property damage policies. The Developer shall provide the City with 20 a renewal certificate of insurance at least 30 days prior to the expiration date of any policy required 21 hereunder. 22 R. All Costs Responsibility of Developer. The Developer shall pay all costs incurred by it and the 23 City in conjunction with this Agreement, the approval of the Plat, the development of the Property, 24 and the construction of the improvements required by this Agreement, including but not limited to, 25 all costs of persons doing work or furnishing skills, tools, machinery and materials; insurance 26 premiums; Letter of Credit fees and bond premiums; legal, planning and engineering fees; the 27 preparation and recording of this Agreement and all easements and other documents relating to the 28 Plat and the Property; and all costs incurred pertaining to the inspection and monitoring of the work 29 performed and improvements constructed on the Property. The City shall not be obligated to pay the 30 Developer or any of its agents or contractors for any costs incurred in connection with the 31 construction of the improvements or the development of the Property. The Developer agrees to 32 defend, indemnify, and hold the City and its mayor, councilmembers, employees, agents and 33 contractors harmless from any and all claims of whatever kind or nature which may arise as a result 34 of the construction of the improvements, the development of the Property or the acts of the 35 Developer, and its employees, agents or contractors in connection thereto. 36 The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers 37 and employees harmless from claims made by itself and third parties for damages 38 sustained or costs incurred resulting from Plat approval, development of the Property, 39 construction of the improvements or other work performed on the Property. The 40 Developer shall defend, indemnify, and hold the City and its mayor, councilmembers and 41 employees harmless for all costs, damages or expenses which the City may pay or incur 42 in consequence of such claims, including attorneyÓs fees. 43 The Developer shall pay, or cause to be paid when due, and in any event before any 44 penalty is attached, all charges, costs and fees referred to in this Agreement. This is a Page 7 of 14 Page 7 of 14