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The City shall release the faithful performance bond thirty (30) days after the recordation of the <br />Notice of Completion. The City shall release the labor and materials bond thirty (30) days after <br />recordation of the Notice of Completion provided that no stop notices have been filed. The City <br />shall release the maintenance bond one (1) year after the recordation of the Notice of Completion <br />provided all warranty work is completed to the satisfaction of the City. <br /> <br /> g-h., No change. <br /> <br /> i. NPDES Permit. For the BIC Channel Relocation Improvements, BIC shall <br />obtain a National Pollution Discharge Elimination System (NPDES) Permit from the State <br />Water Resources Control Board before beginning such work. <br /> <br /> 2. Indemnity. Section 7, "Indemnity" of the Agreement as amended is further amended <br />as follows: <br /> <br /> a. Indemnity. BIC hereby agrees to and shall hold City, Zone 7 of the Alameda <br />County Flood Control and Water District ("Zone 7"), the State of California, and their respective <br />elective and appointive Boards, Commissions, Council, officers, agents, and employees, <br />harmless from any liability for damage or claims for damage for personal injury, including death, <br />as well as from claims from property damage which may arise from BIC's or BIC's contractors', <br />subcontractors', agents' or employees' operation under this Agreement, whether such operation <br />be by BIC or by any of BIC's contractors or subcontractors, or by any one or mom persons <br />directly employed by, or acting as agent for, BIC or any of BIC's contractors or subcontractors. <br />BIC agrees to, and shall, defend (with counsel acceptable to City) City, Zone 7, the State of <br />California, and their elective and appointive Boards, Commissions, Council, officers, agents and <br />employees from any suits or actions at law or in equity for damages caused, or alleged to have <br />been caused, by reason of any of the aforesaid operations. In addition to the above: <br /> <br /> i and ii., No change. <br /> <br /> b. Contractor's Insurance Coverage. BIC shall ensure that its contractors and <br /> subcontractors comply with the insurance provisions required in Exhibit B-1 to the New Public <br /> Road Crossing Agreement. In addition, BIC's agreements with contractors and subcontractors <br /> shall include a provision indemnifying the City, Zone 7, the State of California and their officers, <br /> employees and agents from claims arising from the Improvements and naming the City, Zone 7, <br /> and the State of California as additional insureds <br /> <br /> c. BIC Insurance. Prior to the commencement of construction of the <br /> Improvements, BIC shall provide the following: <br /> <br /> i and ii., No change. <br /> <br /> iii. Additional Insureds. All insurance policies shall be endorsed to add <br /> the City of Pleasanton, Zone 7, the State of California, and their respective officers, agents, and <br /> employees, as additional insureds under the insurance policy for all work performed under this <br /> Agreement. <br /> <br /> 4 <br /> <br /> <br />