Laserfiche WebLink
City Draft <br /> 6128113 <br /> any such City inspections are for the sole purpose of protecting the City's rights under this <br /> Agreement, are made solely for the City's benefit, that the City's inspections may be superficial <br /> and general in nature, and are for the purposes of informing the City of the progress of the <br /> Project and the confornuty of the Project with the terms and conditions of this Agreement, and <br /> that the Developer sha1Z not be entitled to rely on any such inspection(s) as constituting the City's <br /> approval, satisfaction or acceptance of any materials, workrnanship, conformity of�the Project <br /> with this Agreement or otherwise. The Developer agrees to rnake its own regular inspections of <br /> the work of construction and in.stallation of the Project ta determine that the progress and quality <br /> of the Project and a11 other requirements of the work of construction and installation of the <br /> Project are being perfortned in a manner satisfactory to the Developer. <br /> 4.11 PREVAILING WAGES. <br /> 4.11.1 THE DEVELOPER AGREES THAT ALL LABORERS EMPLOYED <br /> RELATIVE TO THE CONSTRUCTION OR INSTALLATION OF THE PROJECT MUST BE <br /> PAID THE FREVAILING PER DIEM WAGE RATE FOR THETR LABOR <br /> CLASSIFICATION, AS DETERMINED BY THE STATE, PURSUANT TO LABOR CODE <br /> SECTIONS 1724, ET SEQ. AS REQUIRED UNDER THE PROVIS�ONS OF SECTION 1776 <br /> OF THE CALIFORNIA LABOR CODE, DEVELOPER SHALL CAUSE ITS <br /> CONTRACTOR(S) TO KEEP AN ACCURATE FAYROLL RECORD OF EACH EMPLOYEE <br /> EMPLOYED BY H�M IN CONNECTION WITH THE PR07ECT. IN THE EVENT OF A <br /> CLAIM THAT DEVELOPER OR ITS CONTRACTOR(S) HAVE FAILED TO COMPLY <br /> WITH THE PROVISIONS OF THIS SECTION 4.11.1, DEVELQPER SHALL CAUSE ITS <br /> CONTRACTOR(S} TO MAKE AVAILABLE CERTIFTED PAYROLL RECORDS FOR <br /> 1NSPECTIQN AT ALL REASONABLE H4URS AT THE OFFICE OF THE DEVELOPER <br /> AND ITS CONTRACTOR(S) FOR A MINIMUM OF 180 DAYS AFTER THE FILING OF A <br /> NOTICE OF COMPLETION PURSUANT TO CNIL CODE SECTION 8182 OR 9204, <br /> WHICHEVER IS APPLICABLE. <br /> 4.11.2 THE DEVELOPER, ON BEHALF OF ITSELF, ITS SUCCESSORS, <br /> AND ASSIGNS, WANES AND RELEASES THE CITY FR�M ANY RIGHT OF ACTION <br /> THAT MAY BE AVAILABLE TO ANY OF THEM PUR�UANT TO LABOR CODE <br /> SECTION 1781. THE DEVELOI'ER ACKNOWLEDGES THE PROTECTIONS OF CIVIL <br /> CODE SECTION 1542 RELATIVE TO THE WATVER AND RELEASE CONTAINED II�T <br /> THIS SECTION 4.1�, WHICH READS AS FOLLOWS: <br /> A GENERAL RELEASE DOES N4T EXTEND TO CLAIMS <br /> WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br /> TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br /> EXECUTING THE RELEASE, WHICH IF KN4WN BY HIM <br /> OR HER MUST HAVE MATERIALLY AFFECTED HIS OR <br /> HER SETTLEMENT WITH THE DEBTOR. <br /> 4.11.3 BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND <br /> VOLUNTAIZILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY II� <br /> CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 4.11: <br /> s2ass.00ao9��57i3i2.io 33 <br />