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(ii) The Contractor and the Subcontractors shall be duly licensed to perform <br /> all areas of Work being performed by them. <br /> 1 <br /> (iii) The Contract shall name the County as a third-party beneficiary <br /> thereunder, with the understanding that, upon issuance of the initial series of Bonds, the <br /> County may pledge and assign its interest in the Contract to the Bond Trustee as security <br /> for the Bonds. As third-party beneficiary, the County or the Bond Trustee (as applicable) <br /> shall have the right, but not the obligation, to act in the place of the Developer with <br /> respect to the Work under the Contract in the event that the Developer is in default under <br /> this Agreement. <br /> (iv) The Contract and the Subcontracts shall comply with the requirements of <br /> Chapter 104, Hawaii Revised Statutes. Without limiting the generality of the foregoing, <br /> the Contract and Subcontracts shall require the Contractor and Subcontractors to submit <br /> certified payroll data verifying compliance with the prevailing wage requirements of such r <br /> Chapter to DEM's reasonable satisfaction in connection with each applicable Payment a <br /> Request. <br /> (v) The Developer shall require the Contractor to post and provide <br /> performance and payment bonds assuring that the Contract shall be fully and faithfully <br /> performed in accordance with its terms, and that all material suppliers, Subcontractors <br /> and the Contractor's employees will be paid. Such bonds shall be issued by sureties <br /> qualified to issue bonds in the State of Hawaii, shall be issued in an amount equal to <br /> 100% of the contract price for the Work under the Contract, and shall otherwise be in <br /> form and substance satisfactory to DEM. <br /> I <br /> (vi) The Developer shall also require the Contractor to warrant that the <br /> Improvements shall be free of defects and faults in materials, workmanship and design <br /> for a one-year period commencing upon the County's acceptance of dedication of the <br /> Improvements. The Developer shall assign such warranty to the County and shall also 3 <br /> require the Contractor to post and provide a maintenance bond with respect thereto, <br /> which shall be issued by a surety licensed to issue bonds in the State of Hawaii, be issued <br /> in an amount not less than 10% of the contract price for the Work under the Contract, and <br /> shall otherwise be in form and substance satisfactory to DEM. <br /> (vii) The Developer shall also require the Contractor to obtain and maintain the a <br /> following insurance coverages, in form and substance satisfactory to DEM: (A) Builder's <br /> Risk 1 Installation Floater, naming the County as an additional insured and loss payee, <br /> covering contractor's labor, materials and equipment to be used for completion of the <br /> Work against all risks of direct physical loss, excluding earthquake .and flood, for an <br /> amount equal to the full insurable replacement cost of the Improvements; <br /> (B) Commercial General Liability Insurance policy, naming the County and its officials a <br /> and employees as additional insureds, providing coverage on an occurrence basis in an <br /> amount not less than $1,000,000 (bodily injury and property damage, each occurrence) <br /> and $2,000,000 (general aggregate on a Per Project basis), $2,000,000 <br /> i <br /> 7 <br />