CCP 06062022 - Laserfiche WebLink

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1 1. The Developer shall obtain all necessary permits from the Minnesota Pollution Control 2 Agency (MPCA), Minnesota Department of Health (MDOH), and other agencies and 3 governmental authorities before proceeding with construction. Copies of these permits 4 must be provided to the City Engineer. 5 2. The Developer or its engineer shall schedule a preconstruction meeting at a mutually 6 agreeable time at City Hall with all the parties concerned, including City staff, to review 7 the program for the construction work. 8 3.The Developer represents to the City that the planscomplywith all City, County, 9 Metropolitan, State and Federal laws and regulations including, but not limited to: 10 subdivision ordinances, zoning ordinances and environmental regulations. If the City 11 determines that the plansdo not comply, the City may, at its option, refuse to allow 12 construction or development work on the Property until the Developer does comply. 13 Upon the City’s demand, the Developer shall cease work until there is compliance. 14 G. Time of Performance. The Developer shall complete all required improvements enumerated in 15 Paragraph C by March 31, 2023. The Developer may, however, forward a request for an extension 16 of time to the City. If an extension is granted, it shall be conditioned upon updating the security 17 posted by the Developer to reflect cost increases and the extended completion date. 18 H. Inspection. The Developer shall provide the services of a Project Representative and assistants at 19 the site to provide continuous observation of the work to be performed and the improvements to be 20 constructed under this Agreement. 21 1. The Developer shall provide the City Engineer a minimum of one business day notice 22 prior to the commencement of the underground pipe laying and service connection; and 23 prior to subgrade, gravel base and bituminous surface construction. 24 2. Developer’s failure to comply with the terms of this section shall permit the City 25 Engineer to issue a stop work order which may result in a rejection of the work and 26 which shall obligate the Developer to take all reasonable steps, as directed by the City 27 Engineer to ensure that the improvements are constructed and inspected pursuant to the 28 terms of this Agreement; and shall further result in the assessment of a penalty, in an 29 amount equal to 1% per occurrence, of the amount of the security required for Developer 30 improvements, which amount the Developer agrees to pay to the City upon demand. 31 I. Engineering Coordination. A City Engineering Coordinator shall be assigned to this project to 32 provide further protection for the City against defects and deficiencies in the work and 33 improvements through the observations of the work in progress and field checks of materials and 34 equipment. However, the furnishing of such engineering coordination will not make the City 35 responsible for construction means, methods, techniques, sequences or procedures or for the safety 36 precautions or programs, or for the Contractors failure to perform his work in accordance with the 37 Plans. The Developer is obligated to pay the City for City inspection services an amount equal to 4% 38 of the estimated cost of the Public Improvements, which amount is $832.00. This amount shall be 39 paid at or prior to the execution of this Agreement. 40 J.Security. To guarantee compliance with the terms of this Agreement, payment of the costs of all 41 Public Improvements and construction of all Public Improvements, the Developer shall furnish 42 either: a) a cash deposit, b) an irrevocable letter of credit or c) surety bond for $26,000.00 in a form 43 to be approved by the City (the “Financial Security”). The amount of the Financial Security is 125% Page 3 of 14