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Agmt20 HCP, Met Life, SCOA
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Agmt20 HCP, Met Life, SCOA
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Last modified
11/18/2025 5:12:45 PM
Creation date
2/1/2022 9:02:05 AM
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Agreement
Contractor Name
HCP, Met Life, SCOA
PROJECT NAME
Levee Financing and Improvement Agreement
Date
10/27/2020
Reso Ref
15900
Amendment
Yes
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regulations of the Department of Industrial Relations pertaining to "public works," including the <br />payment of prevailing wages (collectively, "Prevailing Wage Laws") in connection with <br />development of the Levee improvements. SCOA shall require the General Contractor to submit, <br />upon request by City, certified copies of payroll records to City, and to maintain and make <br />records available to City and its designees for inspection and copying to ensure compliance with <br />Prevailing Wage Laws. SCOA shall also include in its Construction Contract, a provision in <br />form acceptable to City, obligating the General Contractor to require its contractors and <br />subcontractors to comply with Prevailing Wage Laws in connection with the work of Levee <br />Improvements, and to submit, upon request by City, certified copies of payroll records to City <br />and to maintain and make such payroll records available to City and its designees for inspection <br />and copying during regular business hours at the Property or at another location within City. <br />(a) SCOA shall defend (with counsel reasonably acceptable to the City), indemnify, <br />assume all responsibility for, and hold harmless City Parties (defined in Subsection 18(a) below) <br />from and against any and all present and future Claims (defined in Subsection 18(a) below) <br />arising out of or in any way connected with SCOA's or its General Contractor's or its or their <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 <br />pursuant to Labor Code sections 1726 and 1781.SCOA hereby waives and releases City Parties <br />from any and all manner of Claims or other compensation whatsoever, in law or equity, of <br />whatever kind or nature, whether known or unknown, direct or indirect, foreseeable or <br />unforeseeable, absolute or contingent, now existing or which may in the future arise, including <br />lost business opportunities or economic advantage, and special and consequential damages, <br />arising out of, directly or indirectly, or in any way connected with SCOA's obligation to comply <br />with all Prevailing Wage Laws in connection with the Levee Improvements. SCOA is aware of <br />and familiar with the provisions of Section 1542 of the California Civil Code which provides as <br />follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE <br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE <br />RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE <br />MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE <br />DEBTOR OR RELEASED PARTY." <br />INITIALS: SCOA: <br />As such relates to this Section 13, SCOA hereby waives and relinquishes all rights and <br />benefits which it may have under Section 1542 of the California Civil Code. <br />14. City's Right to Inspect and Observe Construction. Work and materials, and <br />manufacture and preparation of materials, from beginning of construction until final completion <br />and acquisition of the Levee Improvements, will be subject to inspection and (in the event of a <br />material departure from the Final Construction Documents) rejection by City. SCOA will <br />provide City representatives with proper and safe conditions for such access, provided that the <br />City shall not interfere with the General Contractor. Inspection of the Levee Improvement work <br />OAK 848194834-1908 v20 20 <br />
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