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1 receipt of lien waivers from the contractor for the amount of the present pay application, <br />2 and from all subcontractors and material providers being paid out of the proceeds of such <br />3 payment application, lien waivers for all amounts paid out of previous payment <br />4 applications. Lien waivers for all work performed will be provided by the contractor and <br />5 all subcontractors and material providers prior to final payment. <br />6 6. The Foundation shall assign (without recourse or warranty) all warranties which will be <br />7 provided in the construction contract to the City. <br />8 7. <br />9 <br />10 8. <br />11 9. <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />10. <br />The City shall extend municipal sanitary, sewer and water services to serve the Restroom <br />facility, <br />The City shall fill dirt into the trenches that are used to extend utilities to the site <br />The City shall replace topsoil and rough grade the area disturbed by the trenches. <br />If any dispute arises during the construction work, the City shall have the right to be <br />involved in resolution of the dispute as it may affect the City's interests. <br />ARTICLE VII <br />INSURANCE AND BONDS <br />The Foundation shall require the contractor to post performance and payment bonds <br />guaranteeing completion of the restroom construction, as well as payment of <br />subcontractors and material suppliers. Said bonds shall be in the amount of the <br />construction contract, as it/they may be adjusted from time to time. Said bonds shall be <br />submit to and approved by the City in writing. <br />2. The construction contract shall require the contractor to provide commercial general <br />liability insurance with a One Million dollar ($1,000,000) per occurrence/Two Million <br />Dollar($2,000,000) annual aggregate, and all policies shall name the City and the <br />Foundation as an additional insured. Such policies shall also provide that they cannot be <br />canceled except upon written notice to the City and the Foundation. <br />26 3. The construction contract shall require the contractor to provide builder's risk insurance <br />27 on the Restroom construction insuring against loss during the period of construction; <br />28 workers compensation insurance in the statutorily required amount; and employee <br />29 automobile insurance. <br />30 4. The construction contract shall contain a provision that the contractor and the <br />31 subcontractor agree to defend and indemnify the City and the Foundation, and their <br />32 officers and employees, for any claims against the City or the Foundation that arise from <br />33 the construction of the Restroom or the contractor's or subcontractors performance or <br />34 failure to perform its obligations under the construction contract. <br />35 � <br />36 <br />37 <br />2231209v2 <br />ARTICLE VIII <br />RIGHT OF ACCESS <br />3 <br />