Laserfiche WebLink
22. Prevailing Wage Requirements on TIE Eligible hmprovements. <br /> 22.1 Developer acknowledges and agrees that the TIP Eligible Improvements <br /> constitute "public works" as defined in California Labor Code Section 1720(a)(1). Accordingly, <br /> Developer shall comply with, and cause its contractors and subcontractors to comply with, all <br /> State Labor Code requirements and implementing regulations of the Department of Industrial <br /> Relations pertaining to "public works," including the payment of prevailing wages (collectively, <br /> "Prevailing Wage Laws") in connection with construction and installation of the TIE Eligible <br /> Improvements. Developer shall require the contractor(s) for the TIF Eligible Improvements to <br /> submit, upon request by City, certified copies of payroll records to City at the Property or at <br /> another location within City, and to maintain and make records available to City and its designees <br /> for inspection and copying to ensure compliance with Prevailing Wage Laws. Developer shall <br /> also include in each of its contractor agreements, a provision in form acceptable to City, <br /> obligating the contractor to require its contractors and/or subcontractors to comply with <br /> Prevailing Wage Laws in connection with the TIF Eligible Improvements, and to submit, upon <br /> request by City, certified copies of payroll records to City and to maintain and make such payroll <br /> records available to City and its designees for inspection and copying during regular business <br /> hours at the Property or at another location within City. City and Developer each acknowledge <br /> and agree that it is a condition of approval of the Project that Developer construct the TIF Eligible <br /> Improvements. <br /> 22.2 Developer shall defend (with counsel reasonably acceptable to the City), <br /> indemnify, assume all responsibility for, and hold harmless City Parties from and against any and <br /> all present and future claims arising out of or in any way connected with Developer's or its <br /> contractors' or subcontractors' obligations to comply with all Prevailing Wage Laws, including <br /> all claims that may be made by contractors, subcontractors or other third party claimants pursuant <br /> to Labor Code sections 1726 and 1781 . <br /> 22.3 Developer hereby waives and releases City Parties from any and all manner of <br /> claims, liabilities, damages or other compensation whatsoever, in law or equity, of whatever kind <br /> or nature, whether known or unknown, direct or indirect, foreseeable or unforeseeable, absolute <br /> or contingent, now existing or which may in the future arise, including lost business opportunities <br /> or economic advantage, and special and consequential damages, arising out of, directly or <br /> indirectly, or in any way connected with Developer's obligation to comply with all Prevailing <br /> Wage Laws in connection with the TT Eligible Improvements. <br /> 23. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any <br /> encroachment permits required by City in order to perform the Work. <br /> 24. Payments. Developer agrees that it will pay, when due, all those furnishing labor or <br /> materials in connection with the Work. Developer further agrees that pursuant to Government Code <br /> section 66499.7, the Payment Security provided by Developer in accordance with Section 14. 1 of this <br /> Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens <br /> are released by bond in compliance with Civil Code section 8424. <br /> 25. Notice of Breach and Default. The occurrence of any of the following constitutes a <br /> breach and default of this Agreement: <br /> (1) Developer refuses or fails to complete the Work within the time set forth herein <br /> or abandons the Work. <br /> ATTY/AGR/2015.107/GREYSTAR - 103 WILSON - IA WITH TIF CREDIT Page 11 of 27 <br /> REV: 05-28-15 VR <br />