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City of Pleasanton
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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the City is solely for the purpose of determining whether Developer is properly discharging its <br /> obligations under this Agreement, and shall not be relied upon by Developer or any third party as <br /> a warranty or representation by the City as to the quality of the design or construction of the <br /> Project or otherwise. <br /> 5.11 Defects in Plans. The City shall not be responsible to Developer or to any third <br /> party for any defect in the Construction Plans or for any structural or other defect in any work <br /> done pursuant to the Construction Plans. To the greatest extent allowed by law, Developer shall <br /> indemnify, defend(with counsel approved by City) and hold harmless the Indemnitees from and <br /> against all Claims arising out of,or relating to, or alleged to arise from or relate to defects in the <br /> Construction Plans or defects in any work done pursuant to the Construction Plans whether or <br /> not any insurance policies shall have been determined to be applicable to any such Claims. <br /> Developer's indemnification obligations set forth in this Section shall survive the expiration or <br /> earlier termination of this Agreement and the recordation of a Certificate of Completion. <br /> Developer's indemnification obligations pursuant to this Section shall not extend to Claims to <br /> the extent arising from the gross negligence or willful misconduct of the Indemnitees, and are <br /> subject to the additional terms set forth in Section 11.2 below. <br /> 5.12 Certificate of Completion for Project. Promptly after completion of construction <br /> of the Project, City's issuance of a final Certificate of Occupancy or equivalent for the Project, <br /> and the written request of Developer, the City will provide a certificate substantially in the form <br /> attached hereto as Exhibit F("Certificate of Completion")provided that at the time such <br /> certificate is requested all applicable work has been completed. The Certificate of Completion <br /> shall be conclusive evidence that Developer has satisfied its obligations regarding the <br /> construction of the Project and development of the Property. At Developer's option the <br /> Certificate of Completion shall be recorded in the Official Records. The Certificate of <br /> Completion shall not constitute evidence of compliance with or satisfaction of any obligation of <br /> Developer to any holder of a deed of trust or mortgage securing money loaned to finance the <br /> Project or any part thereof and shall not be deemed a notice of completion under the California <br /> Civil Code, nor shall such Certificate provide evidence that Developer has satisfied any <br /> obligation that survives the expiration of this Agreement. <br /> 5.13 Equal Opportunity. There shall be no discrimination on the basis of race, color, <br /> religion, creed, sex, sexual orientation,marital status, ancestry or national origin in the hiring, <br /> firing,promoting or demoting of any person engaged in construction work on the Property, and <br /> Developer shall direct its contractors and subcontractors to refrain from discrimination on such <br /> basis. <br /> 5.14 Prevailing Wage Requirements. If required by applicable federal and state law, <br /> Developer and its contractors, subcontractors and agents shall comply with California Labor <br /> Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable the <br /> federal Davis Bacon Act and implementing regulations)(all of the foregoing, "Prevailing Wage <br /> Laws"), and shall be responsible for carrying out the requirements of such provisions. If <br /> applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages <br /> and at Developer's expense shall implement such plan and comply with all applicable reporting <br /> and recordkeeping requirements. <br /> OAK#4822-6539-6013 v3 16 <br />
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