Agenda - Economic Development Authority - 02/14/2013

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10. CONTRACTOR shall determine appropriate seed mix necessary to establish turf in the disturbed areas, the CITY will not dictate a specific seed mix. CONTRACTOR is not required to import topsoil. 11. WHEREAS the subject property is a 1.43 acres; the CONTRACTOR SHALL be responsible for attaining required permits (NPDES) 12. CONTRACTOR shall provide a certificate of liability insurance, with the CITY listed as an additional insured, with a minimum $1,000,000 coverage 13. CONTRACTOR shall obtain a demolition permit with the CITY 14. CONTRACTOR understands that upon awarding the said project, the CITY reserves the right to remove fixtures and equipment from the subject property, including buildings, for up to twenty days (October , 2012). E. COMPLIANCE WITH APPLICABLE REGULATIONS: CON TRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non-discrimination in hiring or labor practices, payment of all required withholding taxes, workers' compensation and unemployment compensation insurance, liability insurance, OSHA or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any subcontractor hired by CONTRACTOR under this project within 10 days after CON TRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CON TRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. D. INDEMNIFICATION: CON TRACTOR shall indemnify and save harmless CITY from any liability arising out of CON 1'RACTOR's failure to observe compliance with Paragraph E above, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. E. WARRANTY OF WORKMANSHIP AND TIMELY COMPLETION: In addition to any warranty which might be a part of the Plans and Specifications/Proposal, CON TRACTOR warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner in accord with applicable industry standards. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended. Page 2 of 7